Bill Text: IL HB4499 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Repeals the Statewide Use of Force Standardization Act, the No Representation Without Population Act, the Reporting of Deaths in Custody Act, and the Task Force on Constitutional Rights and Remedies Act. Restores various provisions of specified Acts to the form in which they existed before their amendment by Public Acts 101-652 and 102-28, except for changes made to the Crime Victims Compensation Act. Effective immediately.

Spectrum: Partisan Bill (Republican 27-0)

Status: (Introduced - Dead) 2022-09-29 - Added Co-Sponsor Rep. Martin McLaughlin [HB4499 Detail]

Download: Illinois-2021-HB4499-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4499 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
See Index
Repeals the Statewide Use of Force Standardization Act, the No Representation Without Population Act, the Reporting of Deaths in Custody Act, and the Task Force on Constitutional Rights and Remedies Act. Restores various provisions of specified Acts to the form in which they existed before their amendment by Public Acts 101-652 and 102-28, except for changes made to the Crime Victims Compensation Act. Effective immediately.
LRB102 21455 LNS 30572 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4499 LRB102 21455 LNS 30572 b
AN ACT concerning law enforcement.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
(5 ILCS 845/Act rep.)
Section 1. The Statewide Use of Force Standardization Act
is repealed.
(730 ILCS 205/Act rep.)
Section 5. The No Representation Without Population Act is
repealed.
(730 ILCS 210/Act rep.)
Section 10. The Reporting of Deaths in Custody Act is
repealed.
(20 ILCS 5165/Act rep.)
Section 15. The Task Force on Constitutional Rights and
Remedies Act is repealed.
(5 ILCS 70/1.43 rep.)
Section 20. The Statute on Statutes is amended by
repealing Section 1.43.
Section 25. The Freedom of Information Act is amended by

HB4499 - 2 - LRB102 21455 LNS 30572 b
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.
(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

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the requesting party is the individual identified, except as
provided under Section 7(1)(d)(vi).
(c) Information described in items (iii) through (vi) of
subsection (a) may be withheld if it is determined that
disclosure would: (i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings conducted
by any law enforcement agency; (ii) endanger the life or
physical safety of law enforcement or correctional personnel
or any other person; or (iii) compromise the security of any
correctional facility.
(d) The provisions of this Section do not supersede the
confidentiality provisions for law enforcement or arrest
records of the Juvenile Court Act of 1987.
(e) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors
unless the booking photograph is posted to the social
networking website to assist in the search for a missing
person or to assist in the search for a fugitive, person of
interest, or individual wanted in relation to a crime other
than a petty offense, business offense, Class C misdemeanor,
or Class B misdemeanor. As used in this subsection, "social
networking website" has the meaning provided in Section 10 of
the Right to Privacy in the Workplace Act.

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(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19;
101-652.)
Section 30. 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
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

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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

HB4499 - 6 - LRB102 21455 LNS 30572 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.
(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.)
Section 35. The Illinois Public Labor Relations Act is
amended by changing Section 14 as follows:
(5 ILCS 315/14) (from Ch. 48, par. 1614)
(Text of Section before amendment by P.A. 101-652)

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Sec. 14. Security employee, peace officer and fire fighter
disputes.
(a) In the case of collective bargaining agreements
involving units of security employees of a public employer,
Peace Officer Units, or units of fire fighters or paramedics,
and in the case of disputes under Section 18, unless the
parties mutually agree to some other time limit, mediation
shall commence 30 days prior to the expiration date of such
agreement or at such later time as the mediation services
chosen under subsection (b) of Section 12 can be provided to
the parties. In the case of negotiations for an initial
collective bargaining agreement, mediation shall commence upon
15 days notice from either party or at such later time as the
mediation services chosen pursuant to subsection (b) of
Section 12 can be provided to the parties. In mediation under
this Section, if either party requests the use of mediation
services from the Federal Mediation and Conciliation Service,
the other party shall either join in such request or bear the
additional cost of mediation services from another source. The
mediator shall have a duty to keep the Board informed on the
progress of the mediation. If any dispute has not been
resolved within 15 days after the first meeting of the parties
and the mediator, or within such other time limit as may be
mutually agreed upon by the parties, either the exclusive
representative or employer may request of the other, in
writing, arbitration, and shall submit a copy of the request

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to the Board.
(b) Within 10 days after such a request for arbitration
has been made, the employer shall choose a delegate and the
employees' exclusive representative shall choose a delegate to
a panel of arbitration as provided in this Section. The
employer and employees shall forthwith advise the other and
the Board of their selections.
(c) Within 7 days after the request of either party, the
parties shall request a panel of impartial arbitrators from
which they shall select the neutral chairman according to the
procedures provided in this Section. If the parties have
agreed to a contract that contains a grievance resolution
procedure as provided in Section 8, the chairman shall be
selected using their agreed contract procedure unless they
mutually agree to another procedure. If the parties fail to
notify the Board of their selection of neutral chairman within
7 days after receipt of the list of impartial arbitrators, the
Board shall appoint, at random, a neutral chairman from the
list. In the absence of an agreed contract procedure for
selecting an impartial arbitrator, either party may request a
panel from the Board. Within 7 days of the request of either
party, the Board shall select from the Public Employees Labor
Mediation Roster 7 persons who are on the labor arbitration
panels of either the American Arbitration Association or the
Federal Mediation and Conciliation Service, or who are members
of the National Academy of Arbitrators, as nominees for

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impartial arbitrator of the arbitration panel. The parties may
select an individual on the list provided by the Board or any
other individual mutually agreed upon by the parties. Within 7
days following the receipt of the list, the parties shall
notify the Board of the person they have selected. Unless the
parties agree on an alternate selection procedure, they shall
alternatively strike one name from the list provided by the
Board until only one name remains. A coin toss shall determine
which party shall strike the first name. If the parties fail to
notify the Board in a timely manner of their selection for
neutral chairman, the Board shall appoint a neutral chairman
from the Illinois Public Employees Mediation/Arbitration
Roster.
(d) The chairman shall call a hearing to begin within 15
days and give reasonable notice of the time and place of the
hearing. The hearing shall be held at the offices of the Board
or at such other location as the Board deems appropriate. The
chairman shall preside over the hearing and shall take
testimony. Any oral or documentary evidence and other data
deemed relevant by the arbitration panel may be received in
evidence. The proceedings shall be informal. Technical rules
of evidence shall not apply and the competency of the evidence
shall not thereby be deemed impaired. A verbatim record of the
proceedings shall be made and the arbitrator shall arrange for
the necessary recording service. Transcripts may be ordered at
the expense of the party ordering them, but the transcripts

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shall not be necessary for a decision by the arbitration
panel. The expense of the proceedings, including a fee for the
chairman, shall be borne equally by each of the parties to the
dispute. The delegates, if public officers or employees, shall
continue on the payroll of the public employer without loss of
pay. The hearing conducted by the arbitration panel may be
adjourned from time to time, but unless otherwise agreed by
the parties, shall be concluded within 30 days of the time of
its commencement. Majority actions and rulings shall
constitute the actions and rulings of the arbitration panel.
Arbitration proceedings under this Section shall not be
interrupted or terminated by reason of any unfair labor
practice charge filed by either party at any time.
(e) The arbitration panel may administer oaths, require
the attendance of witnesses, and the production of such books,
papers, contracts, agreements and documents as may be deemed
by it material to a just determination of the issues in
dispute, and for such purpose may issue subpoenas. If any
person refuses to obey a subpoena, or refuses to be sworn or to
testify, or if any witness, party or attorney is guilty of any
contempt while in attendance at any hearing, the arbitration
panel may, or the attorney general if requested shall, invoke
the aid of any circuit court within the jurisdiction in which
the hearing is being held, which court shall issue an
appropriate order. Any failure to obey the order may be
punished by the court as contempt.

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(f) At any time before the rendering of an award, the
chairman of the arbitration panel, if he is of the opinion that
it would be useful or beneficial to do so, may remand the
dispute to the parties for further collective bargaining for a
period not to exceed 2 weeks. If the dispute is remanded for
further collective bargaining the time provisions of this Act
shall be extended for a time period equal to that of the
remand. The chairman of the panel of arbitration shall notify
the Board of the remand.
(g) At or before the conclusion of the hearing held
pursuant to subsection (d), the arbitration panel shall
identify the economic issues in dispute, and direct each of
the parties to submit, within such time limit as the panel
shall prescribe, to the arbitration panel and to each other
its last offer of settlement on each economic issue. The
determination of the arbitration panel as to the issues in
dispute and as to which of these issues are economic shall be
conclusive. The arbitration panel, within 30 days after the
conclusion of the hearing, or such further additional periods
to which the parties may agree, shall make written findings of
fact and promulgate a written opinion and shall mail or
otherwise deliver a true copy thereof to the parties and their
representatives and to the Board. As to each economic issue,
the arbitration panel shall adopt the last offer of settlement
which, in the opinion of the arbitration panel, more nearly
complies with the applicable factors prescribed in subsection

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(h). The findings, opinions and order as to all other issues
shall be based upon the applicable factors prescribed in
subsection (h).
(h) Where there is no agreement between the parties, or
where there is an agreement but the parties have begun
negotiations or discussions looking to a new agreement or
amendment of the existing agreement, and wage rates or other
conditions of employment under the proposed new or amended
agreement are in dispute, the arbitration panel shall base its
findings, opinions and order upon the following factors, as
applicable:
(1) The lawful authority of the employer.
(2) Stipulations of the parties.
(3) The interests and welfare of the public and the
financial ability of the unit of government to meet those
costs.
(4) Comparison of the wages, hours and conditions of
employment of the employees involved in the arbitration
proceeding with the wages, hours and conditions of
employment of other employees performing similar services
and with other employees generally:
(A) In public employment in comparable
communities.
(B) In private employment in comparable
communities.
(5) The average consumer prices for goods and

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services, commonly known as the cost of living.
(6) The overall compensation presently received by the
employees, including direct wage compensation, vacations,
holidays and other excused time, insurance and pensions,
medical and hospitalization benefits, the continuity and
stability of employment and all other benefits received.
(7) Changes in any of the foregoing circumstances
during the pendency of the arbitration proceedings.
(8) Such other factors, not confined to the foregoing,
which are normally or traditionally taken into
consideration in the determination of wages, hours and
conditions of employment through voluntary collective
bargaining, mediation, fact-finding, arbitration or
otherwise between the parties, in the public service or in
private employment.
(i) In the case of peace officers, the arbitration
decision shall be limited to wages, hours, and conditions of
employment (which may include residency requirements in
municipalities with a population under 1,000,000 1,000,000,
but those residency requirements shall not allow residency
outside of Illinois) and shall not include the following: i)
residency requirements in municipalities with a population of
at least 1,000,000 1,000,000; ii) the type of equipment, other
than uniforms, issued or used; iii) manning; iv) the total
number of employees employed by the department; v) mutual aid
and assistance agreements to other units of government; and

HB4499 - 14 - LRB102 21455 LNS 30572 b
vi) the criterion pursuant to which force, including deadly
force, can be used; provided, nothing herein shall preclude an
arbitration decision regarding equipment or manning levels if
such decision is based on a finding that the equipment or
manning considerations in a specific work assignment involve a
serious risk to the safety of a peace officer beyond that which
is inherent in the normal performance of police duties.
Limitation of the terms of the arbitration decision pursuant
to this subsection shall not be construed to limit the factors
upon which the decision may be based, as set forth in
subsection (h).
In the case of fire fighter, and fire department or fire
district paramedic matters, the arbitration decision shall be
limited to wages, hours, and conditions of employment
(including manning and also including residency requirements
in municipalities with a population under 1,000,000, but those
residency requirements shall not allow residency outside of
Illinois) and shall not include the following matters: i)
residency requirements in municipalities with a population of
at least 1,000,000; ii) the type of equipment (other than
uniforms and fire fighter turnout gear) issued or used; iii)
the total number of employees employed by the department; iv)
mutual aid and assistance agreements to other units of
government; and v) the criterion pursuant to which force,
including deadly force, can be used; provided, however,
nothing herein shall preclude an arbitration decision

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regarding equipment levels if such decision is based on a
finding that the equipment considerations in a specific work
assignment involve a serious risk to the safety of a fire
fighter beyond that which is inherent in the normal
performance of fire fighter duties. Limitation of the terms of
the arbitration decision pursuant to this subsection shall not
be construed to limit the facts upon which the decision may be
based, as set forth in subsection (h).
The changes to this subsection (i) made by Public Act
90-385 (relating to residency requirements) do not apply to
persons who are employed by a combined department that
performs both police and firefighting services; these persons
shall be governed by the provisions of this subsection (i)
relating to peace officers, as they existed before the
amendment by Public Act 90-385.
To preserve historical bargaining rights, this subsection
shall not apply to any provision of a fire fighter collective
bargaining agreement in effect and applicable on the effective
date of this Act; provided, however, nothing herein shall
preclude arbitration with respect to any such provision.
(j) Arbitration procedures shall be deemed to be initiated
by the filing of a letter requesting mediation as required
under subsection (a) of this Section. The commencement of a
new municipal fiscal year after the initiation of arbitration
procedures under this Act, but before the arbitration
decision, or its enforcement, shall not be deemed to render a

HB4499 - 16 - LRB102 21455 LNS 30572 b
dispute moot, or to otherwise impair the jurisdiction or
authority of the arbitration panel or its decision. Increases
in rates of compensation awarded by the arbitration panel may
be effective only at the start of the fiscal year next
commencing after the date of the arbitration award. If a new
fiscal year has commenced either since the initiation of
arbitration procedures under this Act or since any mutually
agreed extension of the statutorily required period of
mediation under this Act by the parties to the labor dispute
causing a delay in the initiation of arbitration, the
foregoing limitations shall be inapplicable, and such awarded
increases may be retroactive to the commencement of the fiscal
year, any other statute or charter provisions to the contrary,
notwithstanding. At any time the parties, by stipulation, may
amend or modify an award of arbitration.
(k) Orders of the arbitration panel shall be reviewable,
upon appropriate petition by either the public employer or the
exclusive bargaining representative, by the circuit court for
the county in which the dispute arose or in which a majority of
the affected employees reside, but only for reasons that the
arbitration panel was without or exceeded its statutory
authority; the order is arbitrary, or capricious; or the order
was procured by fraud, collusion or other similar and unlawful
means. Such petitions for review must be filed with the
appropriate circuit court within 90 days following the
issuance of the arbitration order. The pendency of such

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proceeding for review shall not automatically stay the order
of the arbitration panel. The party against whom the final
decision of any such court shall be adverse, if such court
finds such appeal or petition to be frivolous, shall pay
reasonable attorneys' fees and costs to the successful party
as determined by said court in its discretion. If said court's
decision affirms the award of money, such award, if
retroactive, shall bear interest at the rate of 12 percent per
annum from the effective retroactive date.
(l) During the pendency of proceedings before the
arbitration panel, existing wages, hours, and other conditions
of employment shall not be changed by action of either party
without the consent of the other but a party may so consent
without prejudice to his rights or position under this Act.
The proceedings are deemed to be pending before the
arbitration panel upon the initiation of arbitration
procedures under this Act.
(m) Security officers of public employers, and Peace
Officers, Fire Fighters and fire department and fire
protection district paramedics, covered by this Section may
not withhold services, nor may public employers lock out or
prevent such employees from performing services at any time.
(n) All of the terms decided upon by the arbitration panel
shall be included in an agreement to be submitted to the public
employer's governing body for ratification and adoption by
law, ordinance or the equivalent appropriate means.

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The governing body shall review each term decided by the
arbitration panel. If the governing body fails to reject one
or more terms of the arbitration panel's decision by a 3/5 vote
of those duly elected and qualified members of the governing
body, within 20 days of issuance, or in the case of
firefighters employed by a state university, at the next
regularly scheduled meeting of the governing body after
issuance, such term or terms shall become a part of the
collective bargaining agreement of the parties. If the
governing body affirmatively rejects one or more terms of the
arbitration panel's decision, it must provide reasons for such
rejection with respect to each term so rejected, within 20
days of such rejection and the parties shall return to the
arbitration panel for further proceedings and issuance of a
supplemental decision with respect to the rejected terms. Any
supplemental decision by an arbitration panel or other
decision maker agreed to by the parties shall be submitted to
the governing body for ratification and adoption in accordance
with the procedures and voting requirements set forth in this
Section. The voting requirements of this subsection shall
apply to all disputes submitted to arbitration pursuant to
this Section notwithstanding any contrary voting requirements
contained in any existing collective bargaining agreement
between the parties.
(o) If the governing body of the employer votes to reject
the panel's decision, the parties shall return to the panel

HB4499 - 19 - LRB102 21455 LNS 30572 b
within 30 days from the issuance of the reasons for rejection
for further proceedings and issuance of a supplemental
decision. All reasonable costs of such supplemental proceeding
including the exclusive representative's reasonable attorney's
fees, as established by the Board, shall be paid by the
employer.
(p) Notwithstanding the provisions of this Section the
employer and exclusive representative may agree to submit
unresolved disputes concerning wages, hours, terms and
conditions of employment to an alternative form of impasse
resolution.
(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
(Text of Section after amendment by P.A. 101-652)
Sec. 14. Security employee, peace officer and fire fighter
disputes.
(a) In the case of collective bargaining agreements
involving units of security employees of a public employer,
Peace Officer Units, or units of fire fighters or paramedics,
and in the case of disputes under Section 18, unless the
parties mutually agree to some other time limit, mediation
shall commence 30 days prior to the expiration date of such
agreement or at such later time as the mediation services
chosen under subsection (b) of Section 12 can be provided to
the parties. In the case of negotiations for an initial
collective bargaining agreement, mediation shall commence upon

HB4499 - 20 - LRB102 21455 LNS 30572 b
15 days notice from either party or at such later time as the
mediation services chosen pursuant to subsection (b) of
Section 12 can be provided to the parties. In mediation under
this Section, if either party requests the use of mediation
services from the Federal Mediation and Conciliation Service,
the other party shall either join in such request or bear the
additional cost of mediation services from another source. The
mediator shall have a duty to keep the Board informed on the
progress of the mediation. If any dispute has not been
resolved within 15 days after the first meeting of the parties
and the mediator, or within such other time limit as may be
mutually agreed upon by the parties, either the exclusive
representative or employer may request of the other, in
writing, arbitration, and shall submit a copy of the request
to the Board.
(b) Within 10 days after such a request for arbitration
has been made, the employer shall choose a delegate and the
employees' exclusive representative shall choose a delegate to
a panel of arbitration as provided in this Section. The
employer and employees shall forthwith advise the other and
the Board of their selections.
(c) Within 7 days after the request of either party, the
parties shall request a panel of impartial arbitrators from
which they shall select the neutral chairman according to the
procedures provided in this Section. If the parties have
agreed to a contract that contains a grievance resolution

HB4499 - 21 - LRB102 21455 LNS 30572 b
procedure as provided in Section 8, the chairman shall be
selected using their agreed contract procedure unless they
mutually agree to another procedure. If the parties fail to
notify the Board of their selection of neutral chairman within
7 days after receipt of the list of impartial arbitrators, the
Board shall appoint, at random, a neutral chairman from the
list. In the absence of an agreed contract procedure for
selecting an impartial arbitrator, either party may request a
panel from the Board. Within 7 days of the request of either
party, the Board shall select from the Public Employees Labor
Mediation Roster 7 persons who are on the labor arbitration
panels of either the American Arbitration Association or the
Federal Mediation and Conciliation Service, or who are members
of the National Academy of Arbitrators, as nominees for
impartial arbitrator of the arbitration panel. The parties may
select an individual on the list provided by the Board or any
other individual mutually agreed upon by the parties. Within 7
days following the receipt of the list, the parties shall
notify the Board of the person they have selected. Unless the
parties agree on an alternate selection procedure, they shall
alternatively strike one name from the list provided by the
Board until only one name remains. A coin toss shall determine
which party shall strike the first name. If the parties fail to
notify the Board in a timely manner of their selection for
neutral chairman, the Board shall appoint a neutral chairman
from the Illinois Public Employees Mediation/Arbitration

HB4499 - 22 - LRB102 21455 LNS 30572 b
Roster.
(d) The chairman shall call a hearing to begin within 15
days and give reasonable notice of the time and place of the
hearing. The hearing shall be held at the offices of the Board
or at such other location as the Board deems appropriate. The
chairman shall preside over the hearing and shall take
testimony. Any oral or documentary evidence and other data
deemed relevant by the arbitration panel may be received in
evidence. The proceedings shall be informal. Technical rules
of evidence shall not apply and the competency of the evidence
shall not thereby be deemed impaired. A verbatim record of the
proceedings shall be made and the arbitrator shall arrange for
the necessary recording service. Transcripts may be ordered at
the expense of the party ordering them, but the transcripts
shall not be necessary for a decision by the arbitration
panel. The expense of the proceedings, including a fee for the
chairman, shall be borne equally by each of the parties to the
dispute. The delegates, if public officers or employees, shall
continue on the payroll of the public employer without loss of
pay. The hearing conducted by the arbitration panel may be
adjourned from time to time, but unless otherwise agreed by
the parties, shall be concluded within 30 days of the time of
its commencement. Majority actions and rulings shall
constitute the actions and rulings of the arbitration panel.
Arbitration proceedings under this Section shall not be
interrupted or terminated by reason of any unfair labor

HB4499 - 23 - LRB102 21455 LNS 30572 b
practice charge filed by either party at any time.
(e) The arbitration panel may administer oaths, require
the attendance of witnesses, and the production of such books,
papers, contracts, agreements and documents as may be deemed
by it material to a just determination of the issues in
dispute, and for such purpose may issue subpoenas. If any
person refuses to obey a subpoena, or refuses to be sworn or to
testify, or if any witness, party or attorney is guilty of any
contempt while in attendance at any hearing, the arbitration
panel may, or the attorney general if requested shall, invoke
the aid of any circuit court within the jurisdiction in which
the hearing is being held, which court shall issue an
appropriate order. Any failure to obey the order may be
punished by the court as contempt.
(f) At any time before the rendering of an award, the
chairman of the arbitration panel, if he is of the opinion that
it would be useful or beneficial to do so, may remand the
dispute to the parties for further collective bargaining for a
period not to exceed 2 weeks. If the dispute is remanded for
further collective bargaining the time provisions of this Act
shall be extended for a time period equal to that of the
remand. The chairman of the panel of arbitration shall notify
the Board of the remand.
(g) At or before the conclusion of the hearing held
pursuant to subsection (d), the arbitration panel shall
identify the economic issues in dispute, and direct each of

HB4499 - 24 - LRB102 21455 LNS 30572 b
the parties to submit, within such time limit as the panel
shall prescribe, to the arbitration panel and to each other
its last offer of settlement on each economic issue. The
determination of the arbitration panel as to the issues in
dispute and as to which of these issues are economic shall be
conclusive. The arbitration panel, within 30 days after the
conclusion of the hearing, or such further additional periods
to which the parties may agree, shall make written findings of
fact and promulgate a written opinion and shall mail or
otherwise deliver a true copy thereof to the parties and their
representatives and to the Board. As to each economic issue,
the arbitration panel shall adopt the last offer of settlement
which, in the opinion of the arbitration panel, more nearly
complies with the applicable factors prescribed in subsection
(h). The findings, opinions and order as to all other issues
shall be based upon the applicable factors prescribed in
subsection (h).
(h) Where there is no agreement between the parties, or
where there is an agreement but the parties have begun
negotiations or discussions looking to a new agreement or
amendment of the existing agreement, and wage rates or other
conditions of employment under the proposed new or amended
agreement are in dispute, the arbitration panel shall base its
findings, opinions and order upon the following factors, as
applicable:
(1) The lawful authority of the employer.

HB4499 - 25 - LRB102 21455 LNS 30572 b
(2) Stipulations of the parties.
(3) The interests and welfare of the public and the
financial ability of the unit of government to meet those
costs.
(4) Comparison of the wages, hours and conditions of
employment of the employees involved in the arbitration
proceeding with the wages, hours and conditions of
employment of other employees performing similar services
and with other employees generally:
(A) In public employment in comparable
communities.
(B) In private employment in comparable
communities.
(5) The average consumer prices for goods and
services, commonly known as the cost of living.
(6) The overall compensation presently received by the
employees, including direct wage compensation, vacations,
holidays and other excused time, insurance and pensions,
medical and hospitalization benefits, the continuity and
stability of employment and all other benefits received.
(7) Changes in any of the foregoing circumstances
during the pendency of the arbitration proceedings.
(8) Such other factors, not confined to the foregoing,
which are normally or traditionally taken into
consideration in the determination of wages, hours and
conditions of employment through voluntary collective

HB4499 - 26 - LRB102 21455 LNS 30572 b
bargaining, mediation, fact-finding, arbitration or
otherwise between the parties, in the public service or in
private employment.
(i) In the case of peace officers, the arbitration
decision shall be limited to wages, hours, and conditions of
employment (which may include residency requirements in
municipalities with a population under 100,000 1,000,000, but
those residency requirements shall not allow residency outside
of Illinois) and shall not include the following: i) residency
requirements in municipalities with a population of at least
100,000 1,000,000; ii) the type of equipment, other than
uniforms, issued or used; iii) manning; iv) the total number
of employees employed by the department; v) mutual aid and
assistance agreements to other units of government; and vi)
the criterion pursuant to which force, including deadly force,
can be used; provided, nothing herein shall preclude an
arbitration decision regarding equipment or manning levels if
such decision is based on a finding that the equipment or
manning considerations in a specific work assignment involve a
serious risk to the safety of a peace officer beyond that which
is inherent in the normal performance of police duties.
Limitation of the terms of the arbitration decision pursuant
to this subsection shall not be construed to limit the factors
upon which the decision may be based, as set forth in
subsection (h).
In the case of fire fighter, and fire department or fire

HB4499 - 27 - LRB102 21455 LNS 30572 b
district paramedic matters, the arbitration decision shall be
limited to wages, hours, and conditions of employment
(including manning and also including residency requirements
in municipalities with a population under 1,000,000, but those
residency requirements shall not allow residency outside of
Illinois) and shall not include the following matters: i)
residency requirements in municipalities with a population of
at least 1,000,000; ii) the type of equipment (other than
uniforms and fire fighter turnout gear) issued or used; iii)
the total number of employees employed by the department; iv)
mutual aid and assistance agreements to other units of
government; and v) the criterion pursuant to which force,
including deadly force, can be used; provided, however,
nothing herein shall preclude an arbitration decision
regarding equipment levels if such decision is based on a
finding that the equipment considerations in a specific work
assignment involve a serious risk to the safety of a fire
fighter beyond that which is inherent in the normal
performance of fire fighter duties. Limitation of the terms of
the arbitration decision pursuant to this subsection shall not
be construed to limit the facts upon which the decision may be
based, as set forth in subsection (h).
The changes to this subsection (i) made by Public Act
90-385 (relating to residency requirements) do not apply to
persons who are employed by a combined department that
performs both police and firefighting services; these persons

HB4499 - 28 - LRB102 21455 LNS 30572 b
shall be governed by the provisions of this subsection (i)
relating to peace officers, as they existed before the
amendment by Public Act 90-385.
To preserve historical bargaining rights, this subsection
shall not apply to any provision of a fire fighter collective
bargaining agreement in effect and applicable on the effective
date of this Act; provided, however, nothing herein shall
preclude arbitration with respect to any such provision.
(j) Arbitration procedures shall be deemed to be initiated
by the filing of a letter requesting mediation as required
under subsection (a) of this Section. The commencement of a
new municipal fiscal year after the initiation of arbitration
procedures under this Act, but before the arbitration
decision, or its enforcement, shall not be deemed to render a
dispute moot, or to otherwise impair the jurisdiction or
authority of the arbitration panel or its decision. Increases
in rates of compensation awarded by the arbitration panel may
be effective only at the start of the fiscal year next
commencing after the date of the arbitration award. If a new
fiscal year has commenced either since the initiation of
arbitration procedures under this Act or since any mutually
agreed extension of the statutorily required period of
mediation under this Act by the parties to the labor dispute
causing a delay in the initiation of arbitration, the
foregoing limitations shall be inapplicable, and such awarded
increases may be retroactive to the commencement of the fiscal

HB4499 - 29 - LRB102 21455 LNS 30572 b
year, any other statute or charter provisions to the contrary,
notwithstanding. At any time the parties, by stipulation, may
amend or modify an award of arbitration.
(k) Orders of the arbitration panel shall be reviewable,
upon appropriate petition by either the public employer or the
exclusive bargaining representative, by the circuit court for
the county in which the dispute arose or in which a majority of
the affected employees reside, but only for reasons that the
arbitration panel was without or exceeded its statutory
authority; the order is arbitrary, or capricious; or the order
was procured by fraud, collusion or other similar and unlawful
means. Such petitions for review must be filed with the
appropriate circuit court within 90 days following the
issuance of the arbitration order. The pendency of such
proceeding for review shall not automatically stay the order
of the arbitration panel. The party against whom the final
decision of any such court shall be adverse, if such court
finds such appeal or petition to be frivolous, shall pay
reasonable attorneys' fees and costs to the successful party
as determined by said court in its discretion. If said court's
decision affirms the award of money, such award, if
retroactive, shall bear interest at the rate of 12 percent per
annum from the effective retroactive date.
(l) During the pendency of proceedings before the
arbitration panel, existing wages, hours, and other conditions
of employment shall not be changed by action of either party

HB4499 - 30 - LRB102 21455 LNS 30572 b
without the consent of the other but a party may so consent
without prejudice to his rights or position under this Act.
The proceedings are deemed to be pending before the
arbitration panel upon the initiation of arbitration
procedures under this Act.
(m) Security officers of public employers, and Peace
Officers, Fire Fighters and fire department and fire
protection district paramedics, covered by this Section may
not withhold services, nor may public employers lock out or
prevent such employees from performing services at any time.
(n) All of the terms decided upon by the arbitration panel
shall be included in an agreement to be submitted to the public
employer's governing body for ratification and adoption by
law, ordinance or the equivalent appropriate means.
The governing body shall review each term decided by the
arbitration panel. If the governing body fails to reject one
or more terms of the arbitration panel's decision by a 3/5 vote
of those duly elected and qualified members of the governing
body, within 20 days of issuance, or in the case of
firefighters employed by a state university, at the next
regularly scheduled meeting of the governing body after
issuance, such term or terms shall become a part of the
collective bargaining agreement of the parties. If the
governing body affirmatively rejects one or more terms of the
arbitration panel's decision, it must provide reasons for such
rejection with respect to each term so rejected, within 20

HB4499 - 31 - LRB102 21455 LNS 30572 b
days of such rejection and the parties shall return to the
arbitration panel for further proceedings and issuance of a
supplemental decision with respect to the rejected terms. Any
supplemental decision by an arbitration panel or other
decision maker agreed to by the parties shall be submitted to
the governing body for ratification and adoption in accordance
with the procedures and voting requirements set forth in this
Section. The voting requirements of this subsection shall
apply to all disputes submitted to arbitration pursuant to
this Section notwithstanding any contrary voting requirements
contained in any existing collective bargaining agreement
between the parties.
(o) If the governing body of the employer votes to reject
the panel's decision, the parties shall return to the panel
within 30 days from the issuance of the reasons for rejection
for further proceedings and issuance of a supplemental
decision. All reasonable costs of such supplemental proceeding
including the exclusive representative's reasonable attorney's
fees, as established by the Board, shall be paid by the
employer.
(p) Notwithstanding the provisions of this Section the
employer and exclusive representative may agree to submit
unresolved disputes concerning wages, hours, terms and
conditions of employment to an alternative form of impasse
resolution.
(Source: P.A. 101-652, eff. 7-1-21.)

HB4499 - 32 - LRB102 21455 LNS 30572 b
Section 40. The Community-Law Enforcement and Other First
Responder Partnership for Deflection and Substance Use
Disorder Treatment Act is amended by changing Sections 1, 5,
10, 15, 20, 30, and 35 as follows:
(5 ILCS 820/1)
Sec. 1. Short title. This Act may be cited as the
Community-Law Enforcement and Other First Responder
Partnership for Deflection and Substance Use Disorder
Treatment Act.
(Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
(5 ILCS 820/5)
Sec. 5. Purposes. The General Assembly hereby acknowledges
that opioid use disorders, overdoses, and deaths in Illinois
are persistent and growing concerns for Illinois communities.
These concerns compound existing challenges to adequately
address and manage substance use and mental health disorders.
Law enforcement officers, other first responders, and
co-responders have a unique opportunity to facilitate
connections to community-based behavioral health interventions
that provide substance use treatment and can help save and
restore lives; help reduce drug use, overdose incidence,
criminal offending, and recidivism; and help prevent arrest
and conviction records that destabilize health, families, and

HB4499 - 33 - LRB102 21455 LNS 30572 b
opportunities for community citizenship and self-sufficiency.
These efforts are bolstered when pursued in partnership with
licensed behavioral health treatment providers and community
members or organizations. It is the intent of the General
Assembly to authorize law enforcement and other first
responders to develop and implement collaborative deflection
programs in Illinois that offer immediate pathways to
substance use treatment and other services as an alternative
to traditional case processing and involvement in the criminal
justice system, and to unnecessary admission to emergency
departments.
(Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
(5 ILCS 820/10)
Sec. 10. Definitions. In this Act:
"Case management" means those services which will assist
persons in gaining access to needed social, educational,
medical, substance use and mental health treatment, and other
services.
"Community member or organization" means an individual
volunteer, resident, public office, or a not-for-profit
organization, religious institution, charitable organization,
or other public body committed to the improvement of
individual and family mental and physical well-being and the
overall social welfare of the community, and may include
persons with lived experience in recovery from substance use

HB4499 - 34 - LRB102 21455 LNS 30572 b
disorder, either themselves or as family members.
"Other first responder" means and includes emergency
medical services providers that are public units of
government, fire departments and districts, and officials and
responders representing and employed by these entities.
"Deflection program" means a program in which a peace
officer or member of a law enforcement agency or other first
responder facilitates contact between an individual and a
licensed substance use treatment provider or clinician for
assessment and coordination of treatment planning, including
co-responder approaches that incorporate behavioral health,
peer, or social work professionals with law enforcement or
other first responders at the scene. This facilitation
includes defined criteria for eligibility and communication
protocols agreed to by the law enforcement agency or other
first responder entity and the licensed treatment provider for
the purpose of providing substance use treatment to those
persons in lieu of arrest or further justice system
involvement, or unnecessary admissions to the emergency
department. Deflection programs may include, but are not
limited to, the following types of responses:
(1) a post-overdose deflection response initiated by a
peace officer or law enforcement agency subsequent to
emergency administration of medication to reverse an
overdose, or in cases of severe substance use disorder
with acute risk for overdose;

HB4499 - 35 - LRB102 21455 LNS 30572 b
(2) a self-referral deflection response initiated by
an individual by contacting a peace officer or law
enforcement agency or other first responder in the
acknowledgment of their substance use or disorder;
(3) an active outreach deflection response initiated
by a peace officer or law enforcement agency or other
first responder as a result of proactive identification of
persons thought likely to have a substance use disorder;
(4) an officer or other first responder prevention
deflection response initiated by a peace officer or law
enforcement agency in response to a community call when no
criminal charges are present; and
(5) an officer intervention deflection response when
criminal charges are present but held in abeyance pending
engagement with treatment.
"Law enforcement agency" means a municipal police
department or county sheriff's office of this State, the
Illinois State Police, or other law enforcement agency whose
officers, by statute, are granted and authorized to exercise
powers similar to those conferred upon any peace officer
employed by a law enforcement agency of this State.
"Licensed treatment provider" means an organization
licensed by the Department of Human Services to perform an
activity or service, or a coordinated range of those
activities or services, as the Department of Human Services
may establish by rule, such as the broad range of emergency,

HB4499 - 36 - LRB102 21455 LNS 30572 b
outpatient, intensive outpatient, and residential services and
care, including assessment, diagnosis, case management,
medical, psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support, which may be extended to persons to assess
or treat substance use disorder or to families of those
persons.
"Peace officer" means any peace officer or member of any
duly organized State, county, or municipal peace officer unit,
any police force of another State, or any police force whose
members, by statute, are granted and authorized to exercise
powers similar to those conferred upon any peace officer
employed by a law enforcement agency of this State.
"Substance use disorder" means a pattern of use of alcohol
or other drugs leading to clinical or functional impairment,
in accordance with the definition in the Diagnostic and
Statistical Manual of Mental Disorders (DSM-5), or in any
subsequent editions.
"Treatment" means the broad range of emergency,
outpatient, intensive outpatient, and residential services and
care (including assessment, diagnosis, case management,
medical, psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support) which may be extended to persons who have
substance use disorders, persons with mental illness, or
families of those persons.

HB4499 - 37 - LRB102 21455 LNS 30572 b
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
revised 10-6-21.)
(5 ILCS 820/15)
Sec. 15. Authorization.
(a) Any law enforcement agency or other first responder
entity may establish a deflection program subject to the
provisions of this Act in partnership with one or more
licensed providers of substance use disorder treatment
services and one or more community members or organizations.
Programs established by another first responder entity shall
also include a law enforcement agency.
(b) The deflection program may involve a post-overdose
deflection response, a self-referral deflection response, an
active outreach deflection response, an officer or other first
responder prevention deflection response, or an officer
intervention deflection response, or any combination of those.
(c) Nothing shall preclude the General Assembly from
adding other responses to a deflection program, or preclude a
law enforcement agency or other first responder entity from
developing a deflection program response based on a model
unique and responsive to local issues, substance use or mental
health needs, and partnerships, using sound and promising or
evidence-based practices.
(c-5) Whenever appropriate and available, case management
should be provided by a licensed treatment provider or other

HB4499 - 38 - LRB102 21455 LNS 30572 b
appropriate provider and may include peer recovery support
approaches.
(d) To receive funding for activities as described in
Section 35 of this Act, planning for the deflection program
shall include:
(1) the involvement of one or more licensed treatment
programs and one or more community members or
organizations; and
(2) an agreement with the Illinois Criminal Justice
Information Authority to collect and evaluate relevant
statistical data related to the program, as established by
the Illinois Criminal Justice Information Authority in
paragraph (2) of subsection (a) of Section 25 of this Act.
(3) an agreement with participating licensed treatment
providers authorizing the release of statistical data to
the Illinois Criminal Justice Information Authority, in
compliance with State and Federal law, as established by
the Illinois Criminal Justice Information Authority in
paragraph (2) of subsection (a) of Section 25 of this Act.
(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
101-652.)
(5 ILCS 820/20)
Sec. 20. Procedure. The law enforcement agency or other
first responder entity, licensed treatment providers, and
community members or organizations shall establish a local

HB4499 - 39 - LRB102 21455 LNS 30572 b
deflection program plan that includes protocols and procedures
for participant identification, screening or assessment,
treatment facilitation, reporting, and ongoing involvement of
the law enforcement agency. Licensed substance use disorder
treatment organizations shall adhere to 42 CFR Part 2
regarding confidentiality regulations for information exchange
or release. Substance use disorder treatment services shall
adhere to all regulations specified in Department of Human
Services Administrative Rules, Parts 2060 and 2090.
(Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
(5 ILCS 820/30)
Sec. 30. Exemption from civil liability. The law
enforcement agency or peace officer or other first responder
acting in good faith shall not, as the result of acts or
omissions in providing services under Section 15 of this Act,
be liable for civil damages, unless the acts or omissions
constitute willful and wanton misconduct.
(Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
(5 ILCS 820/35)
Sec. 35. Funding.
(a) The General Assembly may appropriate funds to the
Illinois Criminal Justice Information Authority for the
purpose of funding law enforcement agencies or other first
responder entities for services provided by deflection program

HB4499 - 40 - LRB102 21455 LNS 30572 b
partners as part of deflection programs subject to subsection
(d) of Section 15 of this Act.
(a.1) Up to 10 percent of appropriated funds may be
expended on activities related to knowledge dissemination,
training, technical assistance, or other similar activities
intended to increase practitioner and public awareness of
deflection and/or to support its implementation. The Illinois
Criminal Justice Information Authority may adopt guidelines
and requirements to direct the distribution of funds for these
activities.
(b) For all appropriated funds not distributed under
subsection a.1, the The Illinois Criminal Justice Information
Authority may adopt guidelines and requirements to direct the
distribution of funds for expenses related to deflection
programs. Funding shall be made available to support both new
and existing deflection programs in a broad spectrum of
geographic regions in this State, including urban, suburban,
and rural communities. Funding for deflection programs shall
be prioritized for communities that have been impacted by the
war on drugs, communities that have a police/community
relations issue, and communities that have a disproportionate
lack of access to mental health and drug treatment. Activities
eligible for funding under this Act may include, but are not
limited to, the following:
(1) activities related to program administration,
coordination, or management, including, but not limited

HB4499 - 41 - LRB102 21455 LNS 30572 b
to, the development of collaborative partnerships with
licensed treatment providers and community members or
organizations; collection of program data; or monitoring
of compliance with a local deflection program plan;
(2) case management including case management provided
prior to assessment, diagnosis, and engagement in
treatment, as well as assistance navigating and gaining
access to various treatment modalities and support
services;
(3) peer recovery or recovery support services that
include the perspectives of persons with the experience of
recovering from a substance use disorder, either
themselves or as family members;
(4) transportation to a licensed treatment provider or
other program partner location;
(5) program evaluation activities.
(6) naloxone and related supplies necessary for
carrying out overdose reversal for purposes of
distribution to program participants or for use by law
enforcement or other first responders; and
(7) treatment necessary to prevent gaps in service
delivery between linkage and coverage by other funding
sources when otherwise non-reimbursable.
(c) Specific linkage agreements with recovery support
services or self-help entities may be a requirement of the
program services protocols. All deflection programs shall

HB4499 - 42 - LRB102 21455 LNS 30572 b
encourage the involvement of key family members and
significant others as a part of a family-based approach to
treatment. All deflection programs are encouraged to use
evidence-based practices and outcome measures in the provision
of substance use disorder treatment and medication-assisted
treatment for persons with opioid use disorders.
(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
101-652.)
(5 ILCS 820/21 rep.)
Section 45. The Community-Law Enforcement Partnership for
Deflection and Substance Use Disorder Treatment Act is amended
by repealing Section 21.
(15 ILCS 205/10 rep.)
Section 50. The Attorney General Act is amended by
repealing Section 10.
Section 55. 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

HB4499 - 43 - LRB102 21455 LNS 30572 b
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the conditions
of pretrial release amount of any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in 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.

HB4499 - 44 - LRB102 21455 LNS 30572 b
(c) For the purposes of this Section, the term "news
media" means personnel of a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format,
a radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02;
101-652.)
Section 60. The State Police Act is amended by changing
Section 14 as follows:
(20 ILCS 2610/14) (from Ch. 121, par. 307.14)
Sec. 14. Except as is otherwise provided in this Act, no
Illinois State Police officer shall be removed, demoted, or

HB4499 - 45 - LRB102 21455 LNS 30572 b
suspended except for cause, upon written charges filed with
the Board by the Director and a hearing before the Board
thereon upon not less than 10 days' notice at a place to be
designated by the chairman thereof. At such hearing, the
accused shall be afforded full opportunity to be heard in his
or her own defense and to produce proof in his or her defense.
It shall not be a requirement of a person Anyone filing a
complaint against a State Police officer Officer to must have
a the complaint supported by a sworn affidavit or any other
legal documentation. This ban on an affidavit requirement
shall apply to any collective bargaining agreements entered
after the effective date of this provision. Any such
complaint, having been supported by a sworn affidavit, and
having been found, in total or in part, to contain false
information, shall be presented to the appropriate State's
Attorney for a determination of prosecution.
Before any such officer may be interrogated or examined by
or before the Board, or by an Illinois State Police agent or
investigator specifically assigned to conduct an internal
investigation, the results of which hearing, interrogation, or
examination may be the basis for filing charges seeking his or
her suspension for more than 15 days or his or her removal or
discharge, he or she shall be advised in writing as to what
specific improper or illegal act he or she is alleged to have
committed; he or she shall be advised in writing that his or
her admissions made in the course of the hearing,

HB4499 - 46 - LRB102 21455 LNS 30572 b
interrogation, or examination may be used as the basis for
charges seeking his or her suspension, removal, or discharge;
and he or she shall be advised in writing that he or she has a
right to counsel of his or her choosing, who may be present to
advise him or her at any hearing, interrogation, or
examination. A complete record of any hearing, interrogation,
or examination shall be made, and a complete transcript or
electronic recording thereof shall be made available to such
officer without charge and without delay.
The Board shall have the power to secure by its subpoena
both the attendance and testimony of witnesses and the
production of books and papers in support of the charges and
for the defense. Each member of the Board or a designated
hearing officer shall have the power to administer oaths or
affirmations. If the charges against an accused are
established by a preponderance of evidence, the Board shall
make a finding of guilty and order either removal, demotion,
suspension for a period of not more than 180 days, or such
other disciplinary punishment as may be prescribed by the
rules and regulations of the Board which, in the opinion of the
members thereof, the offense merits. Thereupon the Director
shall direct such removal or other punishment as ordered by
the Board and if the accused refuses to abide by any such
disciplinary order, the Director shall remove him or her
forthwith.
If the accused is found not guilty or has served a period

HB4499 - 47 - LRB102 21455 LNS 30572 b
of suspension greater than prescribed by the Board, the Board
shall order that the officer receive compensation for the
period involved. The award of compensation shall include
interest at the rate of 7% per annum.
The Board may include in its order appropriate sanctions
based upon the Board's rules and regulations. If the Board
finds that a party has made allegations or denials without
reasonable cause or has engaged in frivolous litigation for
the purpose of delay or needless increase in the cost of
litigation, it may order that party to pay the other party's
reasonable expenses, including costs and reasonable attorney's
fees. The State of Illinois and the Illinois State Police
shall be subject to these sanctions in the same manner as other
parties.
In case of the neglect or refusal of any person to obey a
subpoena issued by the Board, any circuit court, upon
application of any member of the Board, may order such person
to appear before the Board and give testimony or produce
evidence, and any failure to obey such order is punishable by
the court as a contempt thereof.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings
for the judicial review of any order of the Board rendered
pursuant to the provisions of this Section.
Notwithstanding the provisions of this Section, a policy

HB4499 - 48 - LRB102 21455 LNS 30572 b
making officer, as defined in the Employee Rights Violation
Act, of the Illinois State Police shall be discharged from the
Illinois State Police as provided in the Employee Rights
Violation Act, enacted by the 85th General Assembly.
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
revised 10-4-21.)
(20 ILCS 2610/17c rep.)
Section 65. The State Police Act is amended by repealing
Section 17c.
(20 ILCS 3930/7.7 rep.)
(20 ILCS 3930/7.8 rep.)
Section 70. The Illinois Criminal Justice Information Act
is amended by repealing Sections 7.7 and 7.8.
(50 ILCS 105/4.1 rep.)
Section 75. The Public Officer Prohibited Activities Act
is amended by repealing Section 4.1.
Section 80. 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

HB4499 - 49 - LRB102 21455 LNS 30572 b
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the conditions
of pretrial release amount of any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other person;

HB4499 - 50 - LRB102 21455 LNS 30572 b
or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a
news service whether in print or electronic format, a radio
station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(f) All information, including photographs, made available
under this Section is subject to the provisions of Section
2QQQ of the Consumer Fraud and Deceptive Business Practices
Act.
(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16;
101-652.)

HB4499 - 51 - LRB102 21455 LNS 30572 b
(50 ILCS 205/25 rep.)
Section 85. The Local Records Act is amended by repealing
Section 25.
Section 90. The Illinois Police Training Act is amended by
changing Sections 6, 6.2, 7, and 10.17 as follows:
(50 ILCS 705/6) (from Ch. 85, par. 506)
(Text of Section before amendment by P.A. 101-652)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary police officers,
probationary county corrections officers, and court security
officers and of providing advanced or in-service training for
permanent police officers or permanent county corrections
officers, which schools may be either publicly or privately
owned and operated. In addition, the Board has the following
power and duties:
a. To require local governmental units to furnish such
reports and information as the Board deems necessary to
fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers, and in-service training of permanent

HB4499 - 52 - LRB102 21455 LNS 30572 b
police officers.
c. To provide appropriate certification to those
probationary officers who successfully complete the
prescribed minimum standard basic training course.
d. To review and approve annual training curriculum
for county sheriffs.
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been
convicted of, or entered a plea of guilty to, a felony
offense, any of the misdemeanors in Sections 11-1.50,
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
of the Criminal Code of 1961 or the Criminal Code of 2012,
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
the Cannabis Control Act, or a crime involving moral
turpitude under the laws of this State or any other state
which if committed in this State would be punishable as a
felony or a crime of moral turpitude. The Board may
appoint investigators who shall enforce the duties
conferred upon the Board by this Act.
(Source: P.A. 101-187, eff. 1-1-20.)

HB4499 - 53 - LRB102 21455 LNS 30572 b
(Text of Section after amendment by P.A. 101-652, Article
10, Section 10-143 but before amendment by P.A. 101-652,
Article 25, Section 25-40)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary police officers,
probationary county corrections officers, and court security
officers and of providing advanced or in-service training for
permanent police officers or permanent county corrections
officers, which schools may be either publicly or privately
owned and operated. In addition, the Board has the following
power and duties:
a. To require local governmental units to furnish such
reports and information as the Board deems necessary to
fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers, and in-service training of permanent
police officers.
c. To provide appropriate certification to those
probationary officers who successfully complete the
prescribed minimum standard basic training course.
d. To review and approve annual training curriculum
for county sheriffs.

HB4499 - 54 - LRB102 21455 LNS 30572 b
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been
convicted of, or entered a plea of guilty to, a felony
offense, any of the misdemeanors in Sections 11-1.50,
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
of the Criminal Code of 1961 or the Criminal Code of 2012,
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
the Cannabis Control Act, or a crime involving moral
turpitude under the laws of this State or any other state
which if committed in this State would be punishable as a
felony or a crime of moral turpitude. The Board may
appoint investigators who shall enforce the duties
conferred upon the Board by this Act.
f. To establish statewide standards for minimum
standards regarding regular mental health screenings for
probationary and permanent police officers, ensuring that
counseling sessions and screenings remain confidential.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
Section 10-143, eff. 7-1-21.)
(Text of Section after amendment by P.A. 101-652, Article

HB4499 - 55 - LRB102 21455 LNS 30572 b
25, Section 25-40)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary law enforcement
officers, probationary county corrections officers, and court
security officers and of providing advanced or in-service
training for permanent law enforcement officers or permanent
county corrections officers, which schools may be either
publicly or privately owned and operated. In addition, the
Board has the following power and duties:
a. To require local governmental units, to furnish
such reports and information as the Board deems necessary
to fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers, and in-service training of permanent
law enforcement officers.
c. To provide appropriate certification to those
probationary officers who successfully complete the
prescribed minimum standard basic training course.
d. To review and approve annual training curriculum
for county sheriffs.
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the

HB4499 - 56 - LRB102 21455 LNS 30572 b
applicant is a person of good character and has not been
convicted of, found guilty of, or entered a plea of guilty
to, or entered a plea of nolo contendere to a felony
offense, any of the misdemeanors in Sections 11-1.50,
11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2,
12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,
28-3, 29-1, any misdemeanor in violation of any Section of
Part E of Title III of the Criminal Code of 1961 or the
Criminal Code of 2012, or subsection (a) of Section 17-32
of the Criminal Code of 1961 or the Criminal Code of 2012,
or Section 5 or 5.2 of the Cannabis Control Act, or a crime
involving moral turpitude under the laws of this State or
any other state which if committed in this State would be
punishable as a felony or a crime of moral turpitude, or
any felony or misdemeanor in violation of federal law or
the law of any state that is the equivalent of any of the
offenses specified therein. The Board may appoint
investigators who shall enforce the duties conferred upon
the Board by this Act.
For purposes of this paragraph e, a person is
considered to have been convicted of, found guilty of, or
entered a plea of guilty to, plea of nolo contendere to
regardless of whether the adjudication of guilt or
sentence is withheld or not entered thereon. This includes
sentences of supervision, conditional discharge, or first
offender probation, or any similar disposition provided

HB4499 - 57 - LRB102 21455 LNS 30572 b
for by law.
f. To establish statewide standards for minimum
standards regarding regular mental health screenings for
probationary and permanent police officers, ensuring that
counseling sessions and screenings remain confidential.
f. For purposes of this paragraph (e), a person is
considered to have been "convicted of, found guilty of, or
entered a plea of guilty to, plea of nolo contendere to"
regardless of whether the adjudication of guilt or
sentence is withheld or not entered thereon. This includes
sentences of supervision, conditional discharge, or first
offender probation, or any similar disposition provided
for by law.
g. To review and ensure all law enforcement officers
remain in compliance with this Act, and any administrative
rules adopted under this Act.
h. To suspend any certificate for a definite period,
limit or restrict any certificate, or revoke any
certificate.
i. The Board and the Panel shall have power to secure
by its subpoena and bring before it any person or entity in
this State and to take testimony either orally or by
deposition or both with the same fees and mileage and in
the same manner as prescribed by law in judicial
proceedings in civil cases in circuit courts of this
State. The Board and the Panel shall also have the power to

HB4499 - 58 - LRB102 21455 LNS 30572 b
subpoena the production of documents, papers, files,
books, documents, and records, whether in physical or
electronic form, in support of the charges and for
defense, and in connection with a hearing or
investigation.
j. The Executive Director, the administrative law
judge designated by the Executive Director, and each
member of the Board and the Panel shall have the power to
administer oaths to witnesses at any hearing that the
Board is authorized to conduct under this Act and any
other oaths required or authorized to be administered by
the Board under this Act.
k. In case of the neglect or refusal of any person to
obey a subpoena issued by the Board and the Panel, any
circuit court, upon application of the Board and the
Panel, through the Illinois Attorney General, may order
such person to appear before the Board and the Panel give
testimony or produce evidence, and any failure to obey
such order is punishable by the court as a contempt
thereof. This order may be served by personal delivery, by
email, or by mail to the address of record or email address
of record.
l. The Board shall have the power to administer state
certification examinations. Any and all records related to
these examinations, including, but not limited to, test
questions, test formats, digital files, answer responses,

HB4499 - 59 - LRB102 21455 LNS 30572 b
answer keys, and scoring information shall be exempt from
disclosure.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
25-40, eff. 1-1-22; revised 4-26-21.)
(50 ILCS 705/6.2)
Sec. 6.2. Officer professional conduct database.
(a) All law enforcement agencies shall notify the Board of
any final determination of willful violation of department or
agency policy, official misconduct, or violation of law when:
(1) the officer is discharged or dismissed as a result
of the violation; or
(2) the officer resigns during the course of an
investigation and after the officer has been served notice
that he or she is under investigation that is based on the
commission of any a Class 2 or greater felony or sex
offense.
The agency shall report to the Board within 30 days of a
final decision of discharge or dismissal and final exhaustion
of any appeal, or resignation, and shall provide information
regarding the nature of the violation.
(b) Upon receiving notification from a law enforcement
agency, the Board must notify the law enforcement officer of
the report and his or her right to provide a statement
regarding the reported violation.

HB4499 - 60 - LRB102 21455 LNS 30572 b
(c) The Board shall maintain a database readily available
to any chief administrative officer, or his or her designee,
of a law enforcement agency or any State's Attorney that shall
show each reported instance, including the name of the
officer, the nature of the violation, reason for the final
decision of discharge or dismissal, and any statement provided
by the officer.
(Source: P.A. 99-352, eff. 1-1-16; 101-652.)
(50 ILCS 705/7)
(Text of Section before amendment by P.A. 102-345)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary law enforcement
officers which shall be offered by all certified schools
shall include, but not be limited to, courses of
procedural justice, arrest and use and control tactics,
search and seizure, including temporary questioning, civil
rights, human rights, human relations, cultural
competency, including implicit bias and racial and ethnic
sensitivity, criminal law, law of criminal procedure,
constitutional and proper use of law enforcement
authority, crisis intervention training, vehicle and
traffic law including uniform and non-discriminatory
enforcement of the Illinois Vehicle Code, traffic control

HB4499 - 61 - LRB102 21455 LNS 30572 b
and accident investigation, techniques of obtaining
physical evidence, court testimonies, statements, reports,
firearms training, training in the use of electronic
control devices, including the psychological and
physiological effects of the use of those devices on
humans, first-aid (including cardiopulmonary
resuscitation), training in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e)
of Section 5-23 of the Substance Use Disorder Act,
handling of juvenile offenders, recognition of mental
conditions and crises, including, but not limited to, the
disease of addiction, which require immediate assistance
and response and methods to safeguard and provide
assistance to a person in need of mental treatment,
recognition of abuse, neglect, financial exploitation, and
self-neglect of adults with disabilities and older adults,
as defined in Section 2 of the Adult Protective Services
Act, crimes against the elderly, law of evidence, the
hazards of high-speed police vehicle chases with an
emphasis on alternatives to the high-speed chase, and
physical training. The curriculum shall include specific
training in techniques for immediate response to and
investigation of cases of domestic violence and of sexual
assault of adults and children, including cultural
perceptions and common myths of sexual assault and sexual
abuse as well as interview techniques that are age

HB4499 - 62 - LRB102 21455 LNS 30572 b
sensitive and are trauma informed, victim centered, and
victim sensitive. The curriculum shall include training in
techniques designed to promote effective communication at
the initial contact with crime victims and ways to
comprehensively explain to victims and witnesses their
rights under the Rights of Crime Victims and Witnesses Act
and the Crime Victims Compensation Act. The curriculum
shall also include training in effective recognition of
and responses to stress, trauma, and post-traumatic stress
experienced by law enforcement officers that is consistent
with Section 25 of the Illinois Mental Health First Aid
Training Act in a peer setting, including recognizing
signs and symptoms of work-related cumulative stress,
issues that may lead to suicide, and solutions for
intervention with peer support resources. The curriculum
shall include a block of instruction addressing the
mandatory reporting requirements under the Abused and
Neglected Child Reporting Act. The curriculum shall also
include a block of instruction aimed at identifying and
interacting with persons with autism and other
developmental or physical disabilities, reducing barriers
to reporting crimes against persons with autism, and
addressing the unique challenges presented by cases
involving victims or witnesses with autism and other
developmental disabilities. The curriculum shall include
training in the detection and investigation of all forms

HB4499 - 63 - LRB102 21455 LNS 30572 b
of human trafficking. The curriculum shall also include
instruction in trauma-informed responses designed to
ensure the physical safety and well-being of a child of an
arrested parent or immediate family member; this
instruction must include, but is not limited to: (1)
understanding the trauma experienced by the child while
maintaining the integrity of the arrest and safety of
officers, suspects, and other involved individuals; (2)
de-escalation tactics that would include the use of force
when reasonably necessary; and (3) inquiring whether a
child will require supervision and care. The curriculum
for probationary law enforcement officers shall include:
(1) at least 12 hours of hands-on, scenario-based
role-playing; (2) at least 6 hours of instruction on use
of force techniques, including the use of de-escalation
techniques to prevent or reduce the need for force
whenever safe and feasible; (3) specific training on
officer safety techniques, including cover, concealment,
and time; and (4) at least 6 hours of training focused on
high-risk traffic stops. The curriculum for permanent law
enforcement officers shall include, but not be limited to:
(1) refresher and in-service training in any of the
courses listed above in this subparagraph, (2) advanced
courses in any of the subjects listed above in this
subparagraph, (3) training for supervisory personnel, and
(4) specialized training in subjects and fields to be

HB4499 - 64 - LRB102 21455 LNS 30572 b
selected by the board. The training in the use of
electronic control devices shall be conducted for
probationary law enforcement officers, including
University police officers.
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary law enforcement officer must satisfactorily
complete before being eligible for permanent employment as
a local law enforcement officer for a participating local
governmental or State governmental agency. Those
requirements shall include training in first aid
(including cardiopulmonary resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to

HB4499 - 65 - LRB102 21455 LNS 30572 b
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to
the officer's successful completion of the training
course; (ii) attesting to the officer's satisfactory
completion of a training program of similar content and
number of hours that has been found acceptable by the
Board under the provisions of this Act; or (iii) attesting
to the Board's determination that the training course is
unnecessary because of the person's extensive prior law
enforcement experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act
89-685) shall be certified within 12 months of the date of
their hire, unless a waiver has been obtained by the
Board, or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit
Commission, shall maintain a list of all individuals who

HB4499 - 66 - LRB102 21455 LNS 30572 b
have filed applications to become court security officers
and who meet the eligibility requirements established
under this Act. Either the Sheriff's Merit Commission, or
the Sheriff's Office if no Sheriff's Merit Commission
exists, shall establish a schedule of reasonable intervals
for verification of the applicants' qualifications under
this Act and as established by the Board.
g. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete every
3 years. Those requirements shall include constitutional
and proper use of law enforcement authority, procedural
justice, civil rights, human rights, mental health
awareness and response, officer wellness, reporting child
abuse and neglect, and cultural competency, including
implicit bias and racial and ethnic sensitivity. These
trainings shall consist of at least 30 hours of training
every 3 years.
h. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete at
least annually. Those requirements shall include law
updates, emergency medical response training and
certification, crisis intervention training, and officer
wellness and mental health and use of force training which
shall include scenario based training, or similar training
approved by the Board.
i. Minimum in-service training requirements as set

HB4499 - 67 - LRB102 21455 LNS 30572 b
forth in Section 10.6.
The amendatory changes to this Section made by Public Act
101-652 shall take effect January 1, 2022.
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
1-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised
10-5-21.)
(Text of Section after amendment by P.A. 102-345)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary law enforcement
officers which shall be offered by all certified schools
shall include, but not be limited to, courses of
procedural justice, arrest and use and control tactics,
search and seizure, including temporary questioning, civil
rights, human rights, human relations, cultural
competency, including implicit bias and racial and ethnic
sensitivity, criminal law, law of criminal procedure,
constitutional and proper use of law enforcement
authority, crisis intervention training, vehicle and
traffic law including uniform and non-discriminatory
enforcement of the Illinois Vehicle Code, traffic control

HB4499 - 68 - LRB102 21455 LNS 30572 b
and accident investigation, techniques of obtaining
physical evidence, court testimonies, statements, reports,
firearms training, training in the use of electronic
control devices, including the psychological and
physiological effects of the use of those devices on
humans, first-aid (including cardiopulmonary
resuscitation), training in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e)
of Section 5-23 of the Substance Use Disorder Act,
handling of juvenile offenders, recognition of mental
conditions and crises, including, but not limited to, the
disease of addiction, which require immediate assistance
and response and methods to safeguard and provide
assistance to a person in need of mental treatment,
recognition of abuse, neglect, financial exploitation, and
self-neglect of adults with disabilities and older adults,
as defined in Section 2 of the Adult Protective Services
Act, crimes against the elderly, law of evidence, the
hazards of high-speed police vehicle chases with an
emphasis on alternatives to the high-speed chase, and
physical training. The curriculum shall include specific
training in techniques for immediate response to and
investigation of cases of domestic violence and of sexual
assault of adults and children, including cultural
perceptions and common myths of sexual assault and sexual
abuse as well as interview techniques that are age

HB4499 - 69 - LRB102 21455 LNS 30572 b
sensitive and are trauma informed, victim centered, and
victim sensitive. The curriculum shall include training in
techniques designed to promote effective communication at
the initial contact with crime victims and ways to
comprehensively explain to victims and witnesses their
rights under the Rights of Crime Victims and Witnesses Act
and the Crime Victims Compensation Act. The curriculum
shall also include training in effective recognition of
and responses to stress, trauma, and post-traumatic stress
experienced by law enforcement officers that is consistent
with Section 25 of the Illinois Mental Health First Aid
Training Act in a peer setting, including recognizing
signs and symptoms of work-related cumulative stress,
issues that may lead to suicide, and solutions for
intervention with peer support resources. The curriculum
shall include a block of instruction addressing the
mandatory reporting requirements under the Abused and
Neglected Child Reporting Act. The curriculum shall also
include a block of instruction aimed at identifying and
interacting with persons with autism and other
developmental or physical disabilities, reducing barriers
to reporting crimes against persons with autism, and
addressing the unique challenges presented by cases
involving victims or witnesses with autism and other
developmental disabilities. The curriculum shall include
training in the detection and investigation of all forms

HB4499 - 70 - LRB102 21455 LNS 30572 b
of human trafficking. The curriculum shall also include
instruction in trauma-informed responses designed to
ensure the physical safety and well-being of a child of an
arrested parent or immediate family member; this
instruction must include, but is not limited to: (1)
understanding the trauma experienced by the child while
maintaining the integrity of the arrest and safety of
officers, suspects, and other involved individuals; (2)
de-escalation tactics that would include the use of force
when reasonably necessary; and (3) inquiring whether a
child will require supervision and care. The curriculum
for probationary law enforcement officers shall include:
(1) at least 12 hours of hands-on, scenario-based
role-playing; (2) at least 6 hours of instruction on use
of force techniques, including the use of de-escalation
techniques to prevent or reduce the need for force
whenever safe and feasible; (3) specific training on
officer safety techniques, including cover, concealment,
and time; and (4) at least 6 hours of training focused on
high-risk traffic stops. The curriculum for permanent law
enforcement officers shall include, but not be limited to:
(1) refresher and in-service training in any of the
courses listed above in this subparagraph, (2) advanced
courses in any of the subjects listed above in this
subparagraph, (3) training for supervisory personnel, and
(4) specialized training in subjects and fields to be

HB4499 - 71 - LRB102 21455 LNS 30572 b
selected by the board. The training in the use of
electronic control devices shall be conducted for
probationary law enforcement officers, including
University police officers. The curriculum shall also
include training on the use of a firearms restraining
order by providing instruction on the process used to file
a firearms restraining order and how to identify
situations in which a firearms restraining order is
appropriate.
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary law enforcement officer must satisfactorily
complete before being eligible for permanent employment as
a local law enforcement officer for a participating local
governmental or State governmental agency. Those
requirements shall include training in first aid
(including cardiopulmonary resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily

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

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their hire, unless a waiver has been obtained by the
Board, or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit
Commission, shall maintain a list of all individuals who
have filed applications to become court security officers
and who meet the eligibility requirements established
under this Act. Either the Sheriff's Merit Commission, or
the Sheriff's Office if no Sheriff's Merit Commission
exists, shall establish a schedule of reasonable intervals
for verification of the applicants' qualifications under
this Act and as established by the Board.
g. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete every
3 years. Those requirements shall include constitutional
and proper use of law enforcement authority, procedural
justice, civil rights, human rights, mental health
awareness and response, officer wellness, reporting child
abuse and neglect, and cultural competency, including
implicit bias and racial and ethnic sensitivity. These
trainings shall consist of at least 30 hours of training
every 3 years.
h. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete at
least annually. Those requirements shall include law
updates, emergency medical response training and

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certification, crisis intervention training, and officer
wellness and mental health and use of force training which
shall include scenario based training, or similar training
approved by the Board.
i. Minimum in-service training requirements as set
forth in Section 10.6.
The amendatory changes to this Section made by Public Act
101-652 shall take effect January 1, 2022.
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
eff. 8-20-21; revised 10-5-21.)
(50 ILCS 705/10.17)
(Text of Section before amendment by P.A. 101-652)
Sec. 10.17. Crisis intervention team training; mental
health awareness training.
(a) The Illinois Law Enforcement Training Standards Board
shall develop and approve a standard curriculum for certified
training programs in crisis intervention addressing
specialized policing responses to people with mental
illnesses. The Board shall conduct Crisis Intervention Team
(CIT) training programs that train officers to identify signs
and symptoms of mental illness, to de-escalate situations

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involving individuals who appear to have a mental illness, and
connect that person in crisis to treatment. Officers who have
successfully completed this program shall be issued a
certificate attesting to their attendance of a Crisis
Intervention Team (CIT) training program.
(b) The Board shall create an introductory course
incorporating adult learning models that provides law
enforcement officers with an awareness of mental health issues
including a history of the mental health system, types of
mental health illness including signs and symptoms of mental
illness and common treatments and medications, and the
potential interactions law enforcement officers may have on a
regular basis with these individuals, their families, and
service providers including de-escalating a potential crisis
situation. This course, in addition to other traditional
learning settings, may be made available in an electronic
format.
(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;
100-247, eff. 1-1-18.)
(Text of Section after amendment by P.A. 101-652)
Sec. 10.17. Crisis intervention team training; mental
health awareness training.
(a) The Illinois Law Enforcement Training Standards Board
shall develop and approve a standard curriculum for certified
training programs in crisis intervention of at least 40 hours

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addressing specialized policing responses to people with
mental illnesses. The Board shall conduct Crisis Intervention
Team (CIT) training programs that train officers to identify
signs and symptoms of mental illness, to de-escalate
situations involving individuals who appear to have a mental
illness, and connect that person in crisis to treatment.
Crisis Intervention Team (CIT) training programs shall be a
collaboration between law enforcement professionals, mental
health providers, families, and consumer advocates and must
minimally include the following components: (1) basic
information about mental illnesses and how to recognize them;
(2) information about mental health laws and resources; (3)
learning from family members of individuals with mental
illness and their experiences; and (4) verbal de-escalation
training and role-plays. Officers who have successfully
completed this program shall be issued a certificate attesting
to their attendance of a Crisis Intervention Team (CIT)
training program.
(b) The Board shall create an introductory course
incorporating adult learning models that provides law
enforcement officers with an awareness of mental health issues
including a history of the mental health system, types of
mental health illness including signs and symptoms of mental
illness and common treatments and medications, and the
potential interactions law enforcement officers may have on a
regular basis with these individuals, their families, and

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service providers including de-escalating a potential crisis
situation. This course, in addition to other traditional
learning settings, may be made available in an electronic
format.
(Source: P.A. 100-247, eff. 1-1-18; 101-652, eff. 7-1-21.)
(50 ILCS 705/10.6 rep.)
Section 95. The Illinois Police Training Act is amended by
repealing Section 10.6.
Section 100. The Law Enforcement Officer-Worn Body Camera
Act is amended by changing Sections 10-15, 10-20, and 10-25 as
follows:
(50 ILCS 706/10-15)
(Text of Section before amendment by P.A. 101-652)
Sec. 10-15. Applicability. Any law enforcement agency
which employs the use of officer-worn body cameras is subject
to the provisions of this Act, whether or not the agency
receives or has received monies from the Law Enforcement
Camera Grant Fund.
(Source: P.A. 99-352, eff. 1-1-16.)
(Text of Section after amendment by P.A. 101-652)
Sec. 10-15. Applicability.
(a) All Any law enforcement agencies must employ the use

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of agency which employs the use of officer-worn body cameras
in accordance with is subject to the provisions of this Act,
whether or not the agency receives or has received monies from
the Law Enforcement Camera Grant Fund.
(b) All law enforcement agencies must implement the use of
body cameras for all law enforcement officers, according to
the following schedule:
(1) for municipalities and counties with populations
of 500,000 or more, body cameras shall be implemented by
January 1, 2022;
(2) for municipalities and counties with populations
of 100,000 or more but under 500,000, body cameras shall
be implemented by January 1, 2023;
(3) for municipalities and counties with populations
of 50,000 or more but under 100,000, body cameras shall be
implemented by January 1, 2024;
(4) for municipalities and counties under 50,000, body
cameras shall be implemented by January 1, 2025; and
(5) for the Department of State Police, body cameras
shall be implemented by January 1, 2025.
(c) A law enforcement agency's compliance with the
requirements under this Section shall receive preference by
the Illinois Law Enforcement Training Standards Board in
awarding grant funding under the Law Enforcement Camera Grant
Act.
(Source: P.A. 101-652, eff. 7-1-21.)

HB4499 - 79 - LRB102 21455 LNS 30572 b
(50 ILCS 706/10-20)
Sec. 10-20. Requirements.
(a) The Board shall develop basic guidelines for the use
of officer-worn body cameras by law enforcement agencies. The
guidelines developed by the Board shall be the basis for the
written policy which must be adopted by each law enforcement
agency which employs the use of officer-worn body cameras. The
written policy adopted by the law enforcement agency must
include, at a minimum, all of the following:
(1) Cameras must be equipped with pre-event recording,
capable of recording at least the 30 seconds prior to
camera activation, unless the officer-worn body camera was
purchased and acquired by the law enforcement agency prior
to July 1, 2015.
(2) Cameras must be capable of recording for a period
of 10 hours or more, unless the officer-worn body camera
was purchased and acquired by the law enforcement agency
prior to July 1, 2015.
(3) Cameras must be turned on at all times when the
officer is in uniform and is responding to calls for
service or engaged in any law enforcement-related
encounter or activity, that occurs while the officer is on
duty.
(A) If exigent circumstances exist which prevent
the camera from being turned on, the camera must be

HB4499 - 80 - LRB102 21455 LNS 30572 b
turned on as soon as practicable.
(B) Officer-worn body cameras may be turned off
when the officer is inside of a patrol car which is
equipped with a functioning in-car camera; however,
the officer must turn on the camera upon exiting the
patrol vehicle for law enforcement-related encounters.
(C) Officer-worn body cameras may be turned off
when the officer is inside a correctional facility or
courthouse which is equipped with a functioning camera
system.
(4) Cameras must be turned off when:
(A) the victim of a crime requests that the camera
be turned off, and unless impractical or impossible,
that request is made on the recording;
(B) a witness of a crime or a community member who
wishes to report a crime requests that the camera be
turned off, and unless impractical or impossible that
request is made on the recording;
(C) the officer is interacting with a confidential
informant used by the law enforcement agency; or
(D) an officer of the Department of Revenue enters
a Department of Revenue facility or conducts an
interview during which return information will be
discussed or visible.
However, an officer may continue to record or resume
recording a victim or a witness, if exigent circumstances

HB4499 - 81 - LRB102 21455 LNS 30572 b
exist, or if the officer has reasonable articulable
suspicion that a victim or witness, or confidential
informant has committed or is in the process of committing
a crime. Under these circumstances, and unless impractical
or impossible, the officer must indicate on the recording
the reason for continuing to record despite the request of
the victim or witness.
(4.5) Cameras may be turned off when the officer is
engaged in community caretaking functions. However, the
camera must be turned on when the officer has reason to
believe that the person on whose behalf the officer is
performing a community caretaking function has committed
or is in the process of committing a crime. If exigent
circumstances exist which prevent the camera from being
turned on, the camera must be turned on as soon as
practicable.
(5) The officer must provide notice of recording to
any person if the person has a reasonable expectation of
privacy and proof of notice must be evident in the
recording. If exigent circumstances exist which prevent
the officer from providing notice, notice must be provided
as soon as practicable.
(6) (A) For the purposes of redaction, labeling, or
duplicating recordings, access to camera recordings shall
be restricted to only those personnel responsible for
those purposes. The recording officer or his or her

HB4499 - 82 - LRB102 21455 LNS 30572 b
supervisor may not redact, label, duplicate or otherwise
alter the recording officer's camera recordings. Except as
otherwise provided in this Section, the recording officer
and his or her supervisor may access and review recordings
prior to completing incident reports or other
documentation, provided that the officer or his or her
supervisor discloses that fact in the report or
documentation.
(i) A law enforcement officer shall not have
access to or review his or her body-worn camera
recordings or the body-worn camera recordings of
another officer prior to completing incident reports
or other documentation when the officer:
(a) has been involved in or is a witness to an
officer-involved shooting, use of deadly force
incident, or use of force incidents resulting in
great bodily harm;
(b) is ordered to write a report in response
to or during the investigation of a misconduct
complaint against the officer.
(ii) If the officer subject to subparagraph (i)
prepares a report, any report shall be prepared
without viewing body-worn camera recordings, and
subject to supervisor's approval, officers may file
amendatory reports after viewing body-worn camera
recordings. Supplemental reports under this provision

HB4499 - 83 - LRB102 21455 LNS 30572 b
shall also contain documentation regarding access to
the video footage.
(B) The recording officer's assigned field
training officer may access and review recordings for
training purposes. Any detective or investigator
directly involved in the investigation of a matter may
access and review recordings which pertain to that
investigation but may not have access to delete or
alter such recordings.
(7) Recordings made on officer-worn cameras must be
retained by the law enforcement agency or by the camera
vendor used by the agency, on a recording medium for a
period of 90 days.
(A) Under no circumstances shall any recording,
except for a non-law enforcement related activity or
encounter, made with an officer-worn body camera be
altered, erased, or destroyed prior to the expiration
of the 90-day storage period. In the event any
recording made with an officer-worn body camera is
altered, erased, or destroyed prior to the expiration
of the 90-day storage period, the law enforcement
agency shall maintain, for a period of one year, a
written record including (i) the name of the
individual who made such alteration, erasure, or
destruction, and (ii) the reason for any such
alteration, erasure, or destruction.

HB4499 - 84 - LRB102 21455 LNS 30572 b
(B) Following the 90-day storage period, any and
all recordings made with an officer-worn body camera
must be destroyed, unless any encounter captured on
the recording has been flagged. An encounter is deemed
to be flagged when:
(i) a formal or informal complaint has been
filed;
(ii) the officer discharged his or her firearm
or used force during the encounter;
(iii) death or great bodily harm occurred to
any person in the recording;
(iv) the encounter resulted in a detention or
an arrest, excluding traffic stops which resulted
in only a minor traffic offense or business
offense;
(v) the officer is the subject of an internal
investigation or otherwise being investigated for
possible misconduct;
(vi) the supervisor of the officer,
prosecutor, defendant, or court determines that
the encounter has evidentiary value in a criminal
prosecution; or
(vii) the recording officer requests that the
video be flagged for official purposes related to
his or her official duties.
(C) Under no circumstances shall any recording

HB4499 - 85 - LRB102 21455 LNS 30572 b
made with an officer-worn body camera relating to a
flagged encounter be altered or destroyed prior to 2
years after the recording was flagged. If the flagged
recording was used in a criminal, civil, or
administrative proceeding, the recording shall not be
destroyed except upon a final disposition and order
from the court.
(8) Following the 90-day storage period, recordings
may be retained if a supervisor at the law enforcement
agency designates the recording for training purposes. If
the recording is designated for training purposes, the
recordings may be viewed by officers, in the presence of a
supervisor or training instructor, for the purposes of
instruction, training, or ensuring compliance with agency
policies.
(9) Recordings shall not be used to discipline law
enforcement officers unless:
(A) a formal or informal complaint of misconduct
has been made;
(B) a use of force incident has occurred;
(C) the encounter on the recording could result in
a formal investigation under the Uniform Peace
Officers' Disciplinary Act; or
(D) as corroboration of other evidence of
misconduct.
Nothing in this paragraph (9) shall be construed to

HB4499 - 86 - LRB102 21455 LNS 30572 b
limit or prohibit a law enforcement officer from being
subject to an action that does not amount to discipline.
(10) The law enforcement agency shall ensure proper
care and maintenance of officer-worn body cameras. Upon
becoming aware, officers must as soon as practical
document and notify the appropriate supervisor of any
technical difficulties, failures, or problems with the
officer-worn body camera or associated equipment. Upon
receiving notice, the appropriate supervisor shall make
every reasonable effort to correct and repair any of the
officer-worn body camera equipment.
(11) No officer may hinder or prohibit any person, not
a law enforcement officer, from recording a law
enforcement officer in the performance of his or her
duties in a public place or when the officer has no
reasonable expectation of privacy. The law enforcement
agency's written policy shall indicate the potential
criminal penalties, as well as any departmental
discipline, which may result from unlawful confiscation or
destruction of the recording medium of a person who is not
a law enforcement officer. However, an officer may take
reasonable action to maintain safety and control, secure
crime scenes and accident sites, protect the integrity and
confidentiality of investigations, and protect the public
safety and order.
(b) Recordings made with the use of an officer-worn body

HB4499 - 87 - LRB102 21455 LNS 30572 b
camera are not subject to disclosure under the Freedom of
Information Act, except that:
(1) if the subject of the encounter has a reasonable
expectation of privacy, at the time of the recording, any
recording which is flagged, due to the filing of a
complaint, discharge of a firearm, use of force, arrest or
detention, or resulting death or bodily harm, shall be
disclosed in accordance with the Freedom of Information
Act if:
(A) the subject of the encounter captured on the
recording is a victim or witness; and
(B) the law enforcement agency obtains written
permission of the subject or the subject's legal
representative;
(2) except as provided in paragraph (1) of this
subsection (b), any recording which is flagged due to the
filing of a complaint, discharge of a firearm, use of
force, arrest or detention, or resulting death or bodily
harm shall be disclosed in accordance with the Freedom of
Information Act; and
(3) upon request, the law enforcement agency shall
disclose, in accordance with the Freedom of Information
Act, the recording to the subject of the encounter
captured on the recording or to the subject's attorney, or
the officer or his or her legal representative.
For the purposes of paragraph (1) of this subsection (b),

HB4499 - 88 - LRB102 21455 LNS 30572 b
the subject of the encounter does not have a reasonable
expectation of privacy if the subject was arrested as a result
of the encounter. For purposes of subparagraph (A) of
paragraph (1) of this subsection (b), "witness" does not
include a person who is a victim or who was arrested as a
result of the encounter.
Only recordings or portions of recordings responsive to
the request shall be available for inspection or reproduction.
Any recording disclosed under the Freedom of Information Act
shall be redacted to remove identification of any person that
appears on the recording and is not the officer, a subject of
the encounter, or directly involved in the encounter. Nothing
in this subsection (b) shall require the disclosure of any
recording or portion of any recording which would be exempt
from disclosure under the Freedom of Information Act.
(c) Nothing in this Section shall limit access to a camera
recording for the purposes of complying with Supreme Court
rules or the rules of evidence.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
revised 7-30-21.)
(50 ILCS 706/10-25)
Sec. 10-25. Reporting.
(a) Each law enforcement agency which employs the use of
officer-worn body cameras must provide an annual report on the
use of officer-worn body cameras to the Board, on or before May

HB4499 - 89 - LRB102 21455 LNS 30572 b
1 of the year. The report shall include:
(1) a brief overview of the makeup of the agency,
including the number of officers utilizing officer-worn
body cameras;
(2) the number of officer-worn body cameras utilized
by the law enforcement agency;
(3) any technical issues with the equipment and how
those issues were remedied;
(4) a brief description of the review process used by
supervisors within the law enforcement agency;
(5) for each recording used in prosecutions of
conservation, criminal, or traffic offenses or municipal
ordinance violations:
(A) the time, date, location, and precinct of the
incident;
(B) the offense charged and the date charges were
filed; and
(6) any other information relevant to the
administration of the program.
(b) On or before July 30 of each year, the Board must
analyze the law enforcement agency reports and provide an
annual report to the General Assembly and the Governor.
(Source: P.A. 99-352, eff. 1-1-16; 101-652.)
Section 105. The Uniform Crime Reporting Act is amended by
changing Sections 5-10, 5-12, and 5-20 as follows:

HB4499 - 90 - LRB102 21455 LNS 30572 b
(50 ILCS 709/5-10)
Sec. 5-10. Central repository of crime statistics. The
Illinois State Police shall be a central repository and
custodian of crime statistics for the State and shall have all
the power necessary to carry out the purposes of this Act,
including the power to demand and receive cooperation in the
submission of crime statistics from all law enforcement
agencies. All data and information provided to the Illinois
State Police under this Act must be provided in a manner and
form prescribed by the Illinois State Police. On an annual
basis, the Illinois State Police shall make available
compilations of crime statistics and monthly reporting
required to be reported by each law enforcement agency.
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
revised 10-15-21.)
(50 ILCS 709/5-12)
Sec. 5-12. Monthly reporting. All law enforcement agencies
shall submit to the Illinois State Police on a monthly basis
the following:
(1) beginning January 1, 2016, a report on any
arrest-related death that shall include information
regarding the deceased, the officer, any weapon used by
the officer or the deceased, and the circumstances of the
incident. The Illinois State Police shall submit on a

HB4499 - 91 - LRB102 21455 LNS 30572 b
quarterly basis all information collected under this
paragraph (1) to the Illinois Criminal Justice Information
Authority, contingent upon updated federal guidelines
regarding the Uniform Crime Reporting Program;
(2) beginning January 1, 2017, a report on any
instance when a law enforcement officer discharges his or
her firearm causing a non-fatal injury to a person, during
the performance of his or her official duties or in the
line of duty;
(3) a report of incident-based information on hate
crimes including information describing the offense,
location of the offense, type of victim, offender, and
bias motivation. If no hate crime incidents occurred
during a reporting month, the law enforcement agency must
submit a no incident record, as required by the Illinois
State Police;
(4) a report on any incident of an alleged commission
of a domestic crime, that shall include information
regarding the victim, offender, date and time of the
incident, any injury inflicted, any weapons involved in
the commission of the offense, and the relationship
between the victim and the offender;
(5) data on an index of offenses selected by the
Illinois State Police based on the seriousness of the
offense, frequency of occurrence of the offense, and
likelihood of being reported to law enforcement. The data

HB4499 - 92 - LRB102 21455 LNS 30572 b
shall include the number of index crime offenses committed
and number of associated arrests; and
(6) data on offenses and incidents reported by schools
to local law enforcement. The data shall include offenses
defined as an attack against school personnel,
intimidation offenses, drug incidents, and incidents
involving weapons; .
(7) beginning on July 1, 2021, a report on incidents
where a law enforcement officer was dispatched to deal
with a person experiencing a mental health crisis or
incident. The report shall include the number of
incidents, the level of law enforcement response and the
outcome of each incident. For purposes of this Section, a
"mental health crisis" is when a person's behavior puts
them at risk of hurting themselves or others or prevents
them from being able to care for themselves;
(8) beginning on July 1, 2021, a report on use of
force, including any action that resulted in the death or
serious bodily injury of a person or the discharge of a
firearm at or in the direction of a person. The report
shall include information required by the Department,
pursuant to Section 5-11 of this Act.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-538, eff. 8-20-21; revised 10-15-21.)
(50 ILCS 709/5-20)

HB4499 - 93 - LRB102 21455 LNS 30572 b
Sec. 5-20. Reporting compliance. The Illinois State Police
shall annually report to the Illinois Law Enforcement Training
Standards Board and the Department of Revenue any law
enforcement agency not in compliance with the reporting
requirements under this Act. A law enforcement agency's
compliance with the reporting requirements under this Act
shall be a factor considered by the Illinois Law Enforcement
Training Standards Board in awarding grant funding under the
Law Enforcement Camera Grant Act, with preference to law
enforcement agencies which are in compliance with reporting
requirements under this Act.
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
revised 10-15-21.)
(50 ILCS 709/5-11 rep.)
Section 110. The Uniform Crime Reporting Act is amended by
repealing Section 5-11.
Section 115. The Uniform Peace Officers' Disciplinary Act
is amended by changing Sections 3.2, 3.4, and 3.8 as follows:
(50 ILCS 725/3.2) (from Ch. 85, par. 2555)
Sec. 3.2. No officer shall be subjected to interrogation
without first being informed in writing of the nature of the
investigation. If an administrative proceeding is instituted,
the officer shall be informed beforehand of the names of all

HB4499 - 94 - LRB102 21455 LNS 30572 b
complainants. The information shall be sufficient as to
reasonably apprise the officer of the nature of the
investigation.
(Source: P.A. 83-981; 101-652.)
(50 ILCS 725/3.4) (from Ch. 85, par. 2557)
Sec. 3.4. The officer under investigation shall be
informed in writing of the name, rank and unit or command of
the officer in charge of the investigation, the interrogators,
and all persons who will be present on the behalf of the
employer during any interrogation except at a public
administrative proceeding. The officer under investigation
shall inform the employer of any person who will be present on
his or her behalf during any interrogation except at a public
administrative hearing.
(Source: P.A. 94-344, eff. 1-1-06; 101-652.)
(50 ILCS 725/3.8) (from Ch. 85, par. 2561)
Sec. 3.8. Admissions; counsel; verified complaint.
(a) No officer shall be interrogated without first being
advised in writing that admissions made in the course of the
interrogation may be used as evidence of misconduct or as the
basis for charges seeking suspension, removal, or discharge;
and without first being advised in writing that he or she has
the right to counsel of his or her choosing who may be present
to advise him or her at any stage of any interrogation.

HB4499 - 95 - LRB102 21455 LNS 30572 b
(b) It shall not be a requirement for a person Anyone
filing a complaint against a sworn peace officer to must have
the complaint supported by a sworn affidavit or any other
legal documentation. This ban on an affidavit requirement
shall apply to any collective bargaining agreements entered
after the effective date of this provision. Any complaint,
having been supported by a sworn affidavit, and having been
found, in total or in part, to contain knowingly false
material information, shall be presented to the appropriate
State's Attorney for a determination of prosecution.
(Source: P.A. 97-472, eff. 8-22-11; 101-652.)
Section 120. The Uniform Peace Officers' Disciplinary Act
is amended by reenacting Section 6 as follows:
(50 ILCS 725/6) (from Ch. 85, par. 2567)
Sec. 6. Except as otherwise provided in this Act, the
provisions of this Act apply only to the extent there is no
collective bargaining agreement currently in effect dealing
with the subject matter of this Act.
(Source: P.A. 100-911, eff. 8-17-18.)
(50 ILCS 727/1-35 rep.)
Section 125. The Police and Community Relations
Improvement Act is amended by repealing Section 1-35.

HB4499 - 96 - LRB102 21455 LNS 30572 b
Section 130. 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
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.

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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
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

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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
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

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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
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

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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
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

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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;
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

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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.
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.

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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.
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.

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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.
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

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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,
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

HB4499 - 106 - LRB102 21455 LNS 30572 b
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
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

HB4499 - 107 - LRB102 21455 LNS 30572 b
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.
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,

HB4499 - 108 - LRB102 21455 LNS 30572 b
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
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.

HB4499 - 109 - LRB102 21455 LNS 30572 b
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
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.

HB4499 - 110 - LRB102 21455 LNS 30572 b
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,
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

HB4499 - 111 - LRB102 21455 LNS 30572 b
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
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.)
(55 ILCS 5/3-6041 rep.)
Section 135. The Counties Code is amended by repealing
Section 3-6041.

HB4499 - 112 - LRB102 21455 LNS 30572 b
(65 ILCS 5/11-5.1-2 rep.)
Section 140. The Illinois Municipal Code is amended by
repealing Section 11-5.1-2.
Section 145. 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 150. 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
if available.

HB4499 - 113 - LRB102 21455 LNS 30572 b
(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"
means personnel of a newspaper or other periodical issued at

HB4499 - 114 - LRB102 21455 LNS 30572 b
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 155. The Illinois Insurance Code is amended by
changing Sections 143.19, 143.19.1, and 205 as follows:
(215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
Sec. 143.19. Cancellation of automobile insurance policy;
grounds. After a policy of automobile insurance as defined in
Section 143.13(a) has been effective for 60 days, or if such
policy is a renewal policy, the insurer shall not exercise its
option to cancel such policy except for one or more of the

HB4499 - 115 - LRB102 21455 LNS 30572 b
following reasons:
a. Nonpayment of premium;
b. The policy was obtained through a material
misrepresentation;
c. Any insured violated any of the terms and
conditions of the policy;
d. The named insured failed to disclose fully his
motor vehicle accidents and moving traffic violations for
the preceding 36 months if called for in the application;
e. Any insured made a false or fraudulent claim or
knowingly aided or abetted another in the presentation of
such a claim;
f. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such policy:
1. has, within the 12 months prior to the notice of
cancellation, had his driver's license under
suspension or revocation;
2. is or becomes subject to epilepsy or heart
attacks, and such individual does not produce a
certificate from a physician testifying to his
unqualified ability to operate a motor vehicle safely;
3. has an accident record, conviction record
(criminal or traffic), physical, or mental condition
which is such that his operation of an automobile
might endanger the public safety;

HB4499 - 116 - LRB102 21455 LNS 30572 b
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;
g. The insured automobile is:

HB4499 - 117 - LRB102 21455 LNS 30572 b
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
c. The named insured failed to disclose fully his motor

HB4499 - 118 - LRB102 21455 LNS 30572 b
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
preceding the notice of non-renewal, for any felony,

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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
flammables or explosives; or

HB4499 - 120 - LRB102 21455 LNS 30572 b
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
coverage), but excluding expenses incurred in the

HB4499 - 121 - LRB102 21455 LNS 30572 b
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;
(4) the fees and mileage payable to witnesses;

HB4499 - 122 - LRB102 21455 LNS 30572 b
(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
shall have a priority of distribution immediately

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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
amounts that are not based upon mortality or morbidity

HB4499 - 124 - LRB102 21455 LNS 30572 b
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
treated as a priority level (d) claim under paragraph (d) of

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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
insurer's estate.

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(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
available for disbursement, the Director shall reserve

HB4499 - 127 - LRB102 21455 LNS 30572 b
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.)
Section 160. The Illinois Gambling Act is amended by

HB4499 - 128 - LRB102 21455 LNS 30572 b
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.
(3) An identification of any business, including, if

HB4499 - 129 - LRB102 21455 LNS 30572 b
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,
suspended, revoked or not renewed and a statement

HB4499 - 130 - LRB102 21455 LNS 30572 b
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,
an applicant or licensee.

HB4499 - 131 - LRB102 21455 LNS 30572 b
(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.
(2) Whenever the Board finds an applicant for an

HB4499 - 132 - LRB102 21455 LNS 30572 b
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 165. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 7.5 as follows:
(410 ILCS 70/7.5)
Sec. 7.5. Prohibition on billing sexual assault survivors
directly for certain services; written notice; billing
protocols.
(a) A hospital, approved pediatric health care facility,
health care professional, ambulance provider, laboratory, or
pharmacy furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault

HB4499 - 133 - LRB102 21455 LNS 30572 b
survivor shall not:
(1) charge or submit a bill for any portion of the
costs of the services, transportation, or medications to
the sexual assault survivor, including any insurance
deductible, co-pay, co-insurance, denial of claim by an
insurer, spenddown, or any other out-of-pocket expense;
(2) communicate with, harass, or intimidate the sexual
assault survivor for payment of services, including, but
not limited to, repeatedly calling or writing to the
sexual assault survivor and threatening to refer the
matter to a debt collection agency or to an attorney for
collection, enforcement, or filing of other process;
(3) refer a bill to a collection agency or attorney
for collection action against the sexual assault survivor;
(4) contact or distribute information to affect the
sexual assault survivor's credit rating; or
(5) take any other action adverse to the sexual
assault survivor or his or her family on account of
providing services to the sexual assault survivor.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(c) Every hospital and approved pediatric health care
facility providing treatment services to sexual assault
survivors in accordance with a plan approved under Section 2

HB4499 - 134 - LRB102 21455 LNS 30572 b
of this Act shall provide a written notice to a sexual assault
survivor. The written notice must include, but is not limited
to, the following:
(1) a statement that the sexual assault survivor
should not be directly billed by any ambulance provider
providing transportation services, or by any hospital,
approved pediatric health care facility, health care
professional, laboratory, or pharmacy for the services the
sexual assault survivor received as an outpatient at the
hospital or approved pediatric health care facility;
(2) a statement that a sexual assault survivor who is
admitted to a hospital may be billed for inpatient
services provided by a hospital, health care professional,
laboratory, or pharmacy;
(3) a statement that prior to leaving the hospital or
approved pediatric health care facility, the hospital or
approved pediatric health care facility will give the
sexual assault survivor a sexual assault services voucher
for follow-up healthcare if the sexual assault survivor is
eligible to receive a sexual assault services voucher;
(4) the definition of "follow-up healthcare" as set
forth in Section 1a of this Act;
(5) a phone number the sexual assault survivor may
call should the sexual assault survivor receive a bill
from the hospital or approved pediatric health care
facility for medical forensic services;

HB4499 - 135 - LRB102 21455 LNS 30572 b
(6) the toll-free phone number of the Office of the
Illinois Attorney General, Crime Victim Services Division,
which the sexual assault survivor may call should the
sexual assault survivor receive a bill from an ambulance
provider, approved pediatric health care facility, a
health care professional, a laboratory, or a pharmacy.
This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a of this
Act.
(d) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every health care
professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Crime Victim Services Division of the Office of the
Attorney General for approval. Within 60 days after the
commencement of the provision of medical forensic services,
every health care professional, except for those employed by a
hospital or hospital affiliate, as defined in the Hospital
Licensing Act, or those employed by a hospital operated under
the University of Illinois Hospital Act, who bills separately
for medical or forensic services must develop a billing

HB4499 - 136 - LRB102 21455 LNS 30572 b
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval. Health care
professionals who bill as a legal entity may submit a single
billing protocol for the billing entity.
Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Crime Victim Services Division of the Office of the
Attorney General for approval.
The billing protocol must include at a minimum:
(1) a description of training for persons who prepare
bills for medical and forensic services;
(2) a written acknowledgement signed by a person who
has completed the training that the person will not bill
survivors of sexual assault;
(3) prohibitions on submitting any bill for any
portion of medical forensic services provided to a
survivor of sexual assault to a collection agency;
(4) prohibitions on taking any action that would
adversely affect the credit of the survivor of sexual
assault;

HB4499 - 137 - LRB102 21455 LNS 30572 b
(5) the termination of all collection activities if
the protocol is violated; and
(6) the actions to be taken if a bill is sent to a
collection agency or the failure to pay is reported to any
credit reporting agency.
The Crime Victim Services Division of the Office of the
Attorney General may provide a sample acceptable billing
protocol upon request.
The Office of the Attorney General shall approve a
proposed protocol if it finds that the implementation of the
protocol would result in no survivor of sexual assault being
billed or sent a bill for medical forensic services.
If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of
a survivor of sexual assault for medical forensic services,
the Office of the Attorney General shall provide the health
care professional or approved pediatric health care facility
with a written statement of the deficiencies in the protocol.
The health care professional or approved pediatric health care
facility shall have 30 days to submit a revised billing
protocol addressing the deficiencies to the Office of the
Attorney General. The health care professional or approved
pediatric health care facility shall implement the protocol
upon approval by the Crime Victim Services Division of the
Office of the Attorney General.
The health care professional or approved pediatric health

HB4499 - 138 - LRB102 21455 LNS 30572 b
care facility shall submit any proposed revision to or
modification of an approved billing protocol to the Crime
Victim Services Division of the Office of the Attorney General
for approval. The health care professional or approved
pediatric health care facility shall implement the revised or
modified billing protocol upon approval by the Crime Victim
Services Division of the Office of the Illinois Attorney
General.
(e) This Section is effective on and after January 1,
2022.
(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;
102-22, eff. 6-25-21.)
Section 170. The Illinois Vehicle Code is amended by
changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and
16-103 as follows:
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
Sec. 6-204. When court to forward license and reports.
(a) For the purpose of providing to the Secretary of State
the records essential to the performance of the Secretary's
duties under this Code to cancel, revoke or suspend the
driver's license and privilege to drive motor vehicles of
certain minors and of persons found guilty of the criminal
offenses or traffic violations which this Code recognizes as
evidence relating to unfitness to safely operate motor

HB4499 - 139 - LRB102 21455 LNS 30572 b
vehicles, the following duties are imposed upon public
officials:
(1) Whenever any person is convicted of any offense
for which this Code makes mandatory the cancellation or
revocation of the driver's license or permit of such
person by the Secretary of State, the judge of the court in
which such conviction is had shall require the surrender
to the clerk of the court of all driver's licenses or
permits then held by the person so convicted, and the
clerk of the court shall, within 5 days thereafter,
forward the same, together with a report of such
conviction, to the Secretary.
(2) Whenever any person is convicted of any offense
under this Code or similar offenses under a municipal
ordinance, other than regulations governing standing,
parking or weights of vehicles, and excepting the
following enumerated Sections of this Code: Sections
11-1406 (obstruction to driver's view or control), 11-1407
(improper opening of door into traffic), 11-1410 (coasting
on downgrade), 11-1411 (following fire apparatus),
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
vehicle which is in unsafe condition or improperly
equipped), 12-201(a) (daytime lights on motorcycles),
12-202 (clearance, identification and side marker lamps),
12-204 (lamp or flag on projecting load), 12-205 (failure
to display the safety lights required), 12-401

HB4499 - 140 - LRB102 21455 LNS 30572 b
(restrictions as to tire equipment), 12-502 (mirrors),
12-503 (windshields must be unobstructed and equipped with
wipers), 12-601 (horns and warning devices), 12-602
(mufflers, prevention of noise or smoke), 12-603 (seat
safety belts), 12-702 (certain vehicles to carry flares or
other warning devices), 12-703 (vehicles for oiling roads
operated on highways), 12-710 (splash guards and
replacements), 13-101 (safety tests), 15-101 (size, weight
and load), 15-102 (width), 15-103 (height), 15-104 (name
and address on second division vehicles), 15-107 (length
of vehicle), 15-109.1 (cover or tarpaulin), 15-111
(weights), 15-112 (weights), 15-301 (weights), 15-316
(weights), 15-318 (weights), and also excepting the
following enumerated Sections of the Chicago Municipal
Code: Sections 27-245 (following fire apparatus), 27-254
(obstruction of traffic), 27-258 (driving vehicle which is
in unsafe condition), 27-259 (coasting on downgrade),
27-264 (use of horns and signal devices), 27-265
(obstruction to driver's view or driver mechanism), 27-267
(dimming of headlights), 27-268 (unattended motor
vehicle), 27-272 (illegal funeral procession), 27-273
(funeral procession on boulevard), 27-275 (driving freight
hauling vehicles on boulevard), 27-276 (stopping and
standing of buses or taxicabs), 27-277 (cruising of public
passenger vehicles), 27-305 (parallel parking), 27-306
(diagonal parking), 27-307 (parking not to obstruct

HB4499 - 141 - LRB102 21455 LNS 30572 b
traffic), 27-308 (stopping, standing or parking
regulated), 27-311 (parking regulations), 27-312 (parking
regulations), 27-313 (parking regulations), 27-314
(parking regulations), 27-315 (parking regulations),
27-316 (parking regulations), 27-317 (parking
regulations), 27-318 (parking regulations), 27-319
(parking regulations), 27-320 (parking regulations),
27-321 (parking regulations), 27-322 (parking
regulations), 27-324 (loading and unloading at an angle),
27-333 (wheel and axle loads), 27-334 (load restrictions
in the downtown district), 27-335 (load restrictions in
residential areas), 27-338 (width of vehicles), 27-339
(height of vehicles), 27-340 (length of vehicles), 27-352
(reflectors on trailers), 27-353 (mufflers), 27-354
(display of plates), 27-355 (display of city vehicle tax
sticker), 27-357 (identification of vehicles), 27-358
(projecting of loads), and also excepting the following
enumerated paragraphs of Section 2-201 of the Rules and
Regulations of the Illinois State Toll Highway Authority:
(l) (driving unsafe vehicle on tollway), (m) (vehicles
transporting dangerous cargo not properly indicated), it
shall be the duty of the clerk of the court in which such
conviction is had within 5 days thereafter to forward to
the Secretary of State a report of the conviction and the
court may recommend the suspension of the driver's license
or permit of the person so convicted.

HB4499 - 142 - LRB102 21455 LNS 30572 b
The reporting requirements of this subsection shall
apply to all violations stated in paragraphs (1) and (2)
of this subsection when the individual has been
adjudicated under the Juvenile Court Act or the Juvenile
Court Act of 1987. Such reporting requirements shall also
apply to individuals adjudicated under the Juvenile Court
Act or the Juvenile Court Act of 1987 who have committed a
violation of Section 11-501 of this Code, or similar
provision of a local ordinance, or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or Section
5-7 of the Snowmobile Registration and Safety Act or
Section 5-16 of the Boat Registration and Safety Act,
relating to the offense of operating a snowmobile or a
watercraft while under the influence of alcohol, other
drug or drugs, intoxicating compound or compounds, or
combination thereof. These reporting requirements also
apply to individuals adjudicated under the Juvenile Court
Act of 1987 based on any offense determined to have been
committed in furtherance of the criminal activities of an
organized gang, as provided in Section 5-710 of that Act,
if those activities involved the operation or use of a
motor vehicle. It shall be the duty of the clerk of the
court in which adjudication is had within 5 days
thereafter to forward to the Secretary of State a report
of the adjudication and the court order requiring the

HB4499 - 143 - LRB102 21455 LNS 30572 b
Secretary of State to suspend the minor's driver's license
and driving privilege for such time as determined by the
court, but only until he or she attains the age of 18
years. All juvenile court dispositions reported to the
Secretary of State under this provision shall be processed
by the Secretary of State as if the cases had been
adjudicated in traffic or criminal court. However,
information reported relative to the offense of reckless
homicide, or Section 11-501 of this Code, or a similar
provision of a local ordinance, shall be privileged and
available only to the Secretary of State, courts, and
police officers.
The reporting requirements of this subsection (a)
apply to all violations listed in paragraphs (1) and (2)
of this subsection (a), excluding parking violations, when
the driver holds a CLP or CDL, regardless of the type of
vehicle in which the violation occurred, or when any
driver committed the violation in a commercial motor
vehicle as defined in Section 6-500 of this Code.
(3) Whenever an order is entered vacating the
conditions of pretrial release forfeiture of any bail,
security or bond given to secure appearance for any
offense under this Code or similar offenses under
municipal ordinance, it shall be the duty of the clerk of
the court in which such vacation was had or the judge of
such court if such court has no clerk, within 5 days

HB4499 - 144 - LRB102 21455 LNS 30572 b
thereafter to forward to the Secretary of State a report
of the vacation.
(4) A report of any disposition of court supervision
for a violation of Sections 6-303, 11-401, 11-501 or a
similar provision of a local ordinance, 11-503, 11-504,
and 11-506 of this Code, Section 5-7 of the Snowmobile
Registration and Safety Act, and Section 5-16 of the Boat
Registration and Safety Act shall be forwarded to the
Secretary of State. A report of any disposition of court
supervision for a violation of an offense defined as a
serious traffic violation in this Code or a similar
provision of a local ordinance committed by a person under
the age of 21 years shall be forwarded to the Secretary of
State.
(5) Reports of conviction under this Code and
sentencing hearings under the Juvenile Court Act of 1987
in an electronic format or a computer processible medium
shall be forwarded to the Secretary of State via the
Supreme Court in the form and format required by the
Illinois Supreme Court and established by a written
agreement between the Supreme Court and the Secretary of
State. In counties with a population over 300,000, instead
of forwarding reports to the Supreme Court, reports of
conviction under this Code and sentencing hearings under
the Juvenile Court Act of 1987 in an electronic format or a
computer processible medium may be forwarded to the

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

HB4499 - 146 - LRB102 21455 LNS 30572 b
repeat traffic law offenders, the clerk of the court shall
forward to the Secretary of State, on a form prescribed by the
Secretary, records of a driver's participation in a driver
remedial or rehabilitative program which was required, through
a court order or court supervision, in relation to the
driver's arrest for a violation of Section 11-501 of this Code
or a similar provision of a local ordinance. The clerk of the
court shall also forward to the Secretary, either on paper or
in an electronic format or a computer processible medium as
required under paragraph (5) of subsection (a) of this
Section, any disposition of court supervision for any traffic
violation, excluding those offenses listed in paragraph (2) of
subsection (a) of this Section. These reports shall be sent
within 5 days after disposition, or, if the driver is referred
to a driver remedial or rehabilitative program, within 5 days
of the driver's referral to that program. These reports
received by the Secretary of State, including those required
to be forwarded under paragraph (a)(4), shall be privileged
information, available only (i) to the affected driver, (ii)
to the parent or guardian of a person under the age of 18 years
holding an instruction permit or a graduated driver's license,
and (iii) for use by the courts, police officers, prosecuting
authorities, the Secretary of State, and the driver licensing
administrator of any other state. In accordance with 49 C.F.R.
Part 384, all reports of court supervision, except violations
related to parking, shall be forwarded to the Secretary of

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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 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12-month 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of

HB4499 - 148 - LRB102 21455 LNS 30572 b
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;

HB4499 - 149 - LRB102 21455 LNS 30572 b
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a monitoring device driving permit, judicial driving
permit issued prior to January 1, 2009, probationary
license to drive, or restricted driving permit issued
under this Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
6-110;

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14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to criminal trespass to vehicles if the person
exercised actual physical control over the vehicle during
the commission of the offense, in which case the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in Section
11-501.1;
18. (Blank);
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph

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(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful use of weapons, in which case the
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois or in
another state of or for a traffic-related traffic related
offense that is the same as or similar to an offense
specified under Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. (Blank);
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled

HB4499 - 152 - LRB102 21455 LNS 30572 b
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual assault
of a child, aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, juvenile
pimping, soliciting for a juvenile prostitute, promoting
juvenile prostitution as described in subdivision (a)(1),
(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, and the manufacture,
sale or delivery of controlled substances or instruments
used for illegal drug use or abuse in which case the
driver's driving privileges shall be suspended for one
year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of

HB4499 - 153 - LRB102 21455 LNS 30572 b
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting
from the unlawful use or consumption of cannabis as listed
in the Cannabis Control Act, a controlled substance as
listed in the Illinois Controlled Substances Act, an
intoxicating compound as listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, in
which case the penalty shall be as prescribed in Section
6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012
relating to the aggravated discharge of a firearm if the
offender was located in a motor vehicle at the time the
firearm was discharged, in which case the suspension shall
be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this
Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of

HB4499 - 154 - LRB102 21455 LNS 30572 b
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24-month 24 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance and the person was an occupant of a motor
vehicle at the time of the violation;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of

HB4499 - 155 - LRB102 21455 LNS 30572 b
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision
for a violation of subsection (a), (d), or (e) of Section
6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance and the person was an
occupant of a motor vehicle at the time of the violation,
in which case the suspension shall be for a period of 3
months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code;
47. Has committed a violation of subsection (a) of
Section 11-502.1 of this Code;

HB4499 - 156 - LRB102 21455 LNS 30572 b
48. Has submitted a falsified or altered medical
examiner's certificate to the Secretary of State or
provided false information to obtain a medical examiner's
certificate;
49. Has been convicted of a violation of Section
11-1002 or 11-1002.5 that resulted in a Type A injury to
another, in which case the driving privileges of the
person shall be suspended for 12 months; or
50. Has committed a violation of subsection (b-5) of
Section 12-610.2 that resulted in great bodily harm,
permanent disability, or disfigurement, in which case the
driving privileges of the person shall be suspended for 12
months.; or 50
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license
is deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license, or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is

HB4499 - 157 - LRB102 21455 LNS 30572 b
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6-month 6 month limitation prescribed shall
not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the

HB4499 - 158 - LRB102 21455 LNS 30572 b
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order
of suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor

HB4499 - 159 - LRB102 21455 LNS 30572 b
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment-related employment related duties, or to allow the
petitioner to transport himself or herself, or a family member
of the petitioner's household to a medical facility, to
receive necessary medical care, to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a licensed
service provider, or to allow the petitioner to transport
himself or herself or a family member of the petitioner's
household to classes, as a student, at an accredited
educational institution, or to allow the petitioner to
transport children, elderly persons, or persons with
disabilities who do not hold driving privileges and are living
in the petitioner's household to and from daycare. The
petitioner must demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense, or a combination of these offenses,

HB4499 - 160 - LRB102 21455 LNS 30572 b
arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B-5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not

HB4499 - 161 - LRB102 21455 LNS 30572 b
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount not
to exceed $30 per month. The Secretary shall establish by
rule the amount and the procedures, terms, and conditions
relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that
person's employer when used solely for employment
purposes. For any person who, within a 5-year period, is
convicted of a second or subsequent offense under Section
11-501 of this Code, or a similar provision of a local
ordinance or similar out-of-state offense, this employment
exemption does not apply until either a one-year period
has elapsed during which that person had his or her
driving privileges revoked or a one-year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that
person.
(E) In each case the Secretary may issue a restricted

HB4499 - 162 - LRB102 21455 LNS 30572 b
driving permit for a period deemed appropriate, except
that all permits shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued
under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as
a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program.
(F) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation or after 5 years from the date of
release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,

HB4499 - 163 - LRB102 21455 LNS 30572 b
provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(i) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(ii) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph (F), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and
the results of regular alcohol or drug tests. Persons
subject to the provisions of paragraph 4 of subsection (b)
of Section 6-208 of this Code and who have been convicted
of more than one violation of paragraph (3), paragraph
(4), or paragraph (5) of subsection (a) of Section 11-501
of this Code shall not be eligible to apply for a

HB4499 - 164 - LRB102 21455 LNS 30572 b
restricted driving permit under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c)
of Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend
the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle
that is not equipped with an ignition interlock device, or
for any other reason authorized under this Code.
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in
another state.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver

HB4499 - 165 - LRB102 21455 LNS 30572 b
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's
license will be suspended one month after the date of the
mailing of the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Driver Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the

HB4499 - 166 - LRB102 21455 LNS 30572 b
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
(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
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

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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
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.)

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(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).
(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

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

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

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

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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
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,

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

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

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

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

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

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

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

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

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

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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
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:

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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.
(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

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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
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

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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 175. The Illinois Vehicle Code is amended by
changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
11-208.9, and 11-1201.1 as follows:
(625 ILCS 5/6-209.1)
Sec. 6-209.1. Restoration of driving privileges;
revocation; suspension; cancellation.
(a) The Secretary shall rescind the suspension or
cancellation of a person's driver's license that has been
suspended or canceled before July 1, 2020 (the effective date
of Public Act 101-623) this amendatory Act of the 101st
General Assembly due to:
(1) the person being convicted of theft of motor fuel
under Section Sections 16-25 or 16K-15 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(2) the person, since the issuance of the driver's
license, being adjudged to be afflicted with or suffering
from any mental disability or disease;

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(3) a violation of Section 6-16 of the Liquor Control
Act of 1934 or a similar provision of a local ordinance;
(4) the person being convicted of a violation of
Section 6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance, if the person presents a
certified copy of a court order that includes a finding
that the person was not an occupant of a motor vehicle at
the time of the violation;
(5) the person receiving a disposition of court
supervision for a violation of subsection subsections (a),
(d), or (e) of Section 6-20 of the Liquor Control Act of
1934 or a similar provision of a local ordinance, if the
person presents a certified copy of a court order that
includes a finding that the person was not an occupant of a
motor vehicle at the time of the violation;
(6) the person failing to pay any fine or penalty due
or owing as a result of 10 or more violations of a
municipality's or county's vehicular standing, parking, or
compliance regulations established by ordinance under
Section 11-208.3 of this Code;
(7) the person failing to satisfy any fine or penalty
resulting from a final order issued by the Illinois State
Toll Highway Authority relating directly or indirectly to
5 or more toll violations, toll evasions, or both;
(8) the person being convicted of a violation of
Section 4-102 of this Code, if the person presents a

HB4499 - 187 - LRB102 21455 LNS 30572 b
certified copy of a court order that includes a finding
that the person did not exercise actual physical control
of the vehicle at the time of the violation; or
(9) the person being convicted of criminal trespass to
vehicles under Section 21-2 of the Criminal Code of 2012,
if the person presents a certified copy of a court order
that includes a finding that the person did not exercise
actual physical control of the vehicle at the time of the
violation.
(b) As soon as practicable and no later than July 1, 2021,
the Secretary shall rescind the suspension, cancellation, or
prohibition of renewal of a person's driver's license that has
been suspended, canceled, or whose renewal has been prohibited
before the effective date of this amendatory Act of the 101st
General Assembly due to the person having failed to pay any
fine or penalty for traffic violations, automated traffic law
enforcement system violations as defined in Sections 11-208.6,
and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle
fees.
(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21;
102-558, eff. 8-20-21.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and

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automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance
for a system of administrative adjudication of vehicular
standing and parking violations and vehicle compliance
violations as described in this subsection, automated traffic
law violations as defined in Section 11-208.6, 11-208.9, or
11-1201.1, and automated speed enforcement system violations
as defined in Section 11-208.8. The administrative system
shall have as its purpose the fair and efficient enforcement
of municipal or county regulations through the administrative
adjudication of automated speed enforcement system or
automated traffic law violations and violations of municipal
or county ordinances regulating the standing and parking of
vehicles, the condition and use of vehicle equipment, and the
display of municipal or county wheel tax licenses within the
municipality's or county's borders. The administrative system
shall only have authority to adjudicate civil offenses
carrying fines not in excess of $500 or requiring the
completion of a traffic education program, or both, that occur
after the effective date of the ordinance adopting such a
system under this Section. For purposes of this Section,
"compliance violation" means a violation of a municipal or
county regulation governing the condition or use of equipment
on a vehicle or governing the display of a municipal or county
wheel tax license.
(b) Any ordinance establishing a system of administrative

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adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to
adopt, distribute, and process parking, compliance, and
automated speed enforcement system or automated traffic
law violation notices and other notices required by this
Section, collect money paid as fines and penalties for
violation of parking and compliance ordinances and
automated speed enforcement system or automated traffic
law violations, and operate an administrative adjudication
system. The traffic compliance administrator also may make
a certified report to the Secretary of State under Section
6-306.5.
(2) A parking, standing, compliance, automated speed
enforcement system, or automated traffic law violation
notice that shall specify or include the date, time, and
place of violation of a parking, standing, compliance,
automated speed enforcement system, or automated traffic
law regulation; the particular regulation violated; any
requirement to complete a traffic education program; the
fine and any penalty that may be assessed for late payment
or failure to complete a required traffic education
program, or both, when so provided by ordinance; the
vehicle make or a photograph of the vehicle; the state
registration number of the vehicle; and the identification
number of the person issuing the notice. With regard to
automated speed enforcement system or automated traffic

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law violations, vehicle make shall be specified on the
automated speed enforcement system or automated traffic
law violation notice if the notice does not include a
photograph of the vehicle and the make is available and
readily discernible. With regard to municipalities or
counties with a population of 1 million or more, it shall
be grounds for dismissal of a parking violation if the
state registration number or vehicle make specified is
incorrect. The violation notice shall state that the
completion of any required traffic education program, the
payment of any indicated fine, and the payment of any
applicable penalty for late payment or failure to complete
a required traffic education program, or both, shall
operate as a final disposition of the violation. The
notice also shall contain information as to the
availability of a hearing in which the violation may be
contested on its merits. The violation notice shall
specify the time and manner in which a hearing may be had.
(3) Service of a parking, standing, or compliance
violation notice by: (i) affixing the original or a
facsimile of the notice to an unlawfully parked or
standing vehicle; (ii) handing the notice to the operator
of a vehicle if he or she is present; or (iii) mailing the
notice to the address of the registered owner or lessee of
the cited vehicle as recorded with the Secretary of State
or the lessor of the motor vehicle within 30 days after the

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Secretary of State or the lessor of the motor vehicle
notifies the municipality or county of the identity of the
owner or lessee of the vehicle, but not later than 90 days
after the date of the violation, except that in the case of
a lessee of a motor vehicle, service of a parking,
standing, or compliance violation notice may occur no
later than 210 days after the violation; and service of an
automated speed enforcement system or automated traffic
law violation notice by mail to the address of the
registered owner or lessee of the cited vehicle as
recorded with the Secretary of State or the lessor of the
motor vehicle within 30 days after the Secretary of State
or the lessor of the motor vehicle notifies the
municipality or county of the identity of the owner or
lessee of the vehicle, but not later than 90 days after the
violation, except that in the case of a lessee of a motor
vehicle, service of an automated traffic law violation
notice may occur no later than 210 days after the
violation. A person authorized by ordinance to issue and
serve parking, standing, and compliance violation notices
shall certify as to the correctness of the facts entered
on the violation notice by signing his or her name to the
notice at the time of service or, in the case of a notice
produced by a computerized device, by signing a single
certificate to be kept by the traffic compliance
administrator attesting to the correctness of all notices

HB4499 - 192 - LRB102 21455 LNS 30572 b
produced by the device while it was under his or her
control. In the case of an automated traffic law
violation, the ordinance shall require a determination by
a technician employed or contracted by the municipality or
county that, based on inspection of recorded images, the
motor vehicle was being operated in violation of Section
11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
the technician determines that the vehicle entered the
intersection as part of a funeral procession or in order
to yield the right-of-way to an emergency vehicle, a
citation shall not be issued. In municipalities with a
population of less than 1,000,000 inhabitants and counties
with a population of less than 3,000,000 inhabitants, the
automated traffic law ordinance shall require that all
determinations by a technician that a motor vehicle was
being operated in violation of Section 11-208.6, 11-208.9,
or 11-1201.1 or a local ordinance must be reviewed and
approved by a law enforcement officer or retired law
enforcement officer of the municipality or county issuing
the violation. In municipalities with a population of
1,000,000 or more inhabitants and counties with a
population of 3,000,000 or more inhabitants, the automated
traffic law ordinance shall require that all
determinations by a technician that a motor vehicle was
being operated in violation of Section 11-208.6, 11-208.9,
or 11-1201.1 or a local ordinance must be reviewed and

HB4499 - 193 - LRB102 21455 LNS 30572 b
approved by a law enforcement officer or retired law
enforcement officer of the municipality or county issuing
the violation or by an additional fully trained
fully-trained reviewing technician who is not employed by
the contractor who employs the technician who made the
initial determination. In the case of an automated speed
enforcement system violation, the ordinance shall require
a determination by a technician employed by the
municipality, based upon an inspection of recorded images,
video or other documentation, including documentation of
the speed limit and automated speed enforcement signage,
and documentation of the inspection, calibration, and
certification of the speed equipment, that the vehicle was
being operated in violation of Article VI of Chapter 11 of
this Code or a similar local ordinance. If the technician
determines that the vehicle speed was not determined by a
calibrated, certified speed equipment device based upon
the speed equipment documentation, or if the vehicle was
an emergency vehicle, a citation may not be issued. The
automated speed enforcement ordinance shall require that
all determinations by a technician that a violation
occurred be reviewed and approved by a law enforcement
officer or retired law enforcement officer of the
municipality issuing the violation or by an additional
fully trained reviewing technician who is not employed by
the contractor who employs the technician who made the

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initial determination. Routine and independent calibration
of the speeds produced by automated speed enforcement
systems and equipment shall be conducted annually by a
qualified technician. Speeds produced by an automated
speed enforcement system shall be compared with speeds
produced by lidar or other independent equipment. Radar or
lidar equipment shall undergo an internal validation test
no less frequently than once each week. Qualified
technicians shall test loop-based loop based equipment no
less frequently than once a year. Radar equipment shall be
checked for accuracy by a qualified technician when the
unit is serviced, when unusual or suspect readings
persist, or when deemed necessary by a reviewing
technician. Radar equipment shall be checked with the
internal frequency generator and the internal circuit test
whenever the radar is turned on. Technicians must be alert
for any unusual or suspect readings, and if unusual or
suspect readings of a radar unit persist, that unit shall
immediately be removed from service and not returned to
service until it has been checked by a qualified
technician and determined to be functioning properly.
Documentation of the annual calibration results, including
the equipment tested, test date, technician performing the
test, and test results, shall be maintained and available
for use in the determination of an automated speed
enforcement system violation and issuance of a citation.

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The technician performing the calibration and testing of
the automated speed enforcement equipment shall be trained
and certified in the use of equipment for speed
enforcement purposes. Training on the speed enforcement
equipment may be conducted by law enforcement, civilian,
or manufacturer's personnel and if applicable may be
equivalent to the equipment use and operations training
included in the Speed Measuring Device Operator Program
developed by the National Highway Traffic Safety
Administration (NHTSA). The vendor or technician who
performs the work shall keep accurate records on each
piece of equipment the technician calibrates and tests. As
used in this paragraph, "fully trained fully-trained
reviewing technician" means a person who has received at
least 40 hours of supervised training in subjects which
shall include image inspection and interpretation, the
elements necessary to prove a violation, license plate
identification, and traffic safety and management. In all
municipalities and counties, the automated speed
enforcement system or automated traffic law ordinance
shall require that no additional fee shall be charged to
the alleged violator for exercising his or her right to an
administrative hearing, and persons shall be given at
least 25 days following an administrative hearing to pay
any civil penalty imposed by a finding that Section
11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar

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local ordinance has been violated. The original or a
facsimile of the violation notice or, in the case of a
notice produced by a computerized device, a printed record
generated by the device showing the facts entered on the
notice, shall be retained by the traffic compliance
administrator, and shall be a record kept in the ordinary
course of business. A parking, standing, compliance,
automated speed enforcement system, or automated traffic
law violation notice issued, signed, and served in
accordance with this Section, a copy of the notice, or the
computer-generated computer generated record shall be
prima facie correct and shall be prima facie evidence of
the correctness of the facts shown on the notice. The
notice, copy, or computer-generated computer generated
record shall be admissible in any subsequent
administrative or legal proceedings.
(4) An opportunity for a hearing for the registered
owner of the vehicle cited in the parking, standing,
compliance, automated speed enforcement system, or
automated traffic law violation notice in which the owner
may contest the merits of the alleged violation, and
during which formal or technical rules of evidence shall
not apply; provided, however, that under Section 11-1306
of this Code the lessee of a vehicle cited in the violation
notice likewise shall be provided an opportunity for a
hearing of the same kind afforded the registered owner.

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The hearings shall be recorded, and the person conducting
the hearing on behalf of the traffic compliance
administrator shall be empowered to administer oaths and
to secure by subpoena both the attendance and testimony of
witnesses and the production of relevant books and papers.
Persons appearing at a hearing under this Section may be
represented by counsel at their expense. The ordinance may
also provide for internal administrative review following
the decision of the hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database,
or, under Section 11-1306 or subsection (p) of Section
11-208.6 or 11-208.9, or subsection (p) of Section
11-208.8 of this Code, to the lessee of the cited vehicle
at the last address known to the lessor of the cited
vehicle at the time of lease or, if any notice to that
address is returned as undeliverable, to the last known
address recorded in a United States Post Office approved
database. The service shall be deemed complete as of the
date of deposit in the United States mail. The notices
shall be in the following sequence and shall include, but
not be limited to, the information specified herein:

HB4499 - 198 - LRB102 21455 LNS 30572 b
(i) A second notice of parking, standing, or
compliance violation if the first notice of the
violation was issued by affixing the original or a
facsimile of the notice to the unlawfully parked
vehicle or by handing the notice to the operator. This
notice shall specify or include the date and location
of the violation cited in the parking, standing, or
compliance violation notice, the particular regulation
violated, the vehicle make or a photograph of the
vehicle, the state registration number of the vehicle,
any requirement to complete a traffic education
program, the fine and any penalty that may be assessed
for late payment or failure to complete a traffic
education program, or both, when so provided by
ordinance, the availability of a hearing in which the
violation may be contested on its merits, and the time
and manner in which the hearing may be had. The notice
of violation shall also state that failure to complete
a required traffic education program, to pay the
indicated fine and any applicable penalty, or to
appear at a hearing on the merits in the time and
manner specified, will result in a final determination
of violation liability for the cited violation in the
amount of the fine or penalty indicated, and that,
upon the occurrence of a final determination of
violation liability for the failure, and the

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exhaustion of, or failure to exhaust, available
administrative or judicial procedures for review, any
incomplete traffic education program or any unpaid
fine or penalty, or both, will constitute a debt due
and owing the municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is a debt due and owing the municipality or
county. The notice shall contain warnings that failure
to complete any required traffic education program or
to pay any fine or penalty due and owing the
municipality or county, or both, within the time
specified may result in the municipality's or county's
filing of a petition in the Circuit Court to have the
incomplete traffic education program or unpaid fine or
penalty, or both, rendered a judgment as provided by
this Section, or, where applicable, may result in
suspension of the person's driver's drivers license

HB4499 - 200 - LRB102 21455 LNS 30572 b
for failure to complete a traffic education program.
or to pay fines or penalties, or both, for 5 or more
automated traffic law violations under Section
11-208.6 or 11-208.9 or automated speed enforcement
system violations under Section 11-208.8
(6) A notice of impending driver's drivers license
suspension. This notice shall be sent to the person liable
for failure to complete a required traffic education
program or to pay any fine or penalty that remains due and
owing, or both, on 5 or more unpaid automated speed
enforcement system or automated traffic law violations.
The notice shall state that failure to complete a required
traffic education program or to pay the fine or penalty
owing, or both, within 45 days of the notice's date will
result in the municipality or county notifying the
Secretary of State that the person is eligible for
initiation of suspension proceedings under Section 6-306.5
of this Code. The notice shall also state that the person
may obtain a photostatic copy of an original ticket
imposing a fine or penalty by sending a self-addressed
self addressed , stamped envelope to the municipality or
county along with a request for the photostatic copy. The
notice of impending driver's drivers license suspension
shall be sent by first class United States mail, postage
prepaid, to the address recorded with the Secretary of
State or, if any notice to that address is returned as

HB4499 - 201 - LRB102 21455 LNS 30572 b
undeliverable, to the last known address recorded in a
United States Post Office approved database.
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
after a hearing officer's determination of violation
liability and the exhaustion of or failure to exhaust any
administrative review procedures provided by ordinance.
Where a person fails to appear at a hearing to contest the
alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination
of violation liability shall become final: (A) upon denial
of a timely petition to set aside that determination, or
(B) upon expiration of the period for filing the petition
without a filing having been made.
(8) A petition to set aside a determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability that
may be filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may
also be filed by a person required to complete a traffic
education program. The petition shall be filed with and
ruled upon by the traffic compliance administrator in the
manner and within the time specified by ordinance. The
grounds for the petition may be limited to: (A) the person

HB4499 - 202 - LRB102 21455 LNS 30572 b
not having been the owner or lessee of the cited vehicle on
the date the violation notice was issued, (B) the person
having already completed the required traffic education
program or paid the fine or penalty, or both, for the
violation in question, and (C) excusable failure to appear
at or request a new date for a hearing. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number or vehicle
make, only if specified in the violation notice, is
incorrect. After the determination of parking, standing,
compliance, automated speed enforcement system, or
automated traffic law violation liability has been set
aside upon a showing of just cause, the registered owner
shall be provided with a hearing on the merits for that
violation.
(9) Procedures for non-residents. Procedures by which
persons who are not residents of the municipality or
county may contest the merits of the alleged violation
without attending a hearing.
(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, automated speed
enforcement system, or automated traffic law regulations
enacted by ordinance pursuant to this Section, and a
schedule of penalties for late payment of the fines or
failure to complete required traffic education programs,

HB4499 - 203 - LRB102 21455 LNS 30572 b
provided, however, that the total amount of the fine and
penalty for any one violation shall not exceed $250,
except as provided in subsection (c) of Section 11-1301.3
of this Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated
in this Section.
(c) Any municipality or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law regulations under this
Section may also provide by ordinance for a program of vehicle
immobilization for the purpose of facilitating enforcement of
those regulations. The program of vehicle immobilization shall
provide for immobilizing any eligible vehicle upon the public
way by presence of a restraint in a manner to prevent operation
of the vehicle. Any ordinance establishing a program of
vehicle immobilization under this Section shall provide:
(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle
has accumulated the number of incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, as
determined by ordinance.
(2) A notice of impending vehicle immobilization and a

HB4499 - 204 - LRB102 21455 LNS 30572 b
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability, or
both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violations, or both, for which
final determinations have been issued. An order issued
after the hearing is a final administrative decision
within the meaning of Section 3-101 of the Code of Civil
Procedure.
(4) A post immobilization and post-towing notice
advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law violations and final administrative
decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall
be subject to the provisions of the Administrative Review Law.
(e) Any fine, penalty, incomplete traffic education

HB4499 - 205 - LRB102 21455 LNS 30572 b
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the
conclusion of any judicial review procedures shall be a debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking,
compliance, automated speed enforcement system, or automated
traffic law violation shall constitute a final disposition of
that violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality
or county may commence a proceeding in the Circuit Court for
purposes of obtaining a judgment on the final determination of
violation. Nothing in this Section shall prevent a
municipality or county from consolidating multiple final
determinations of parking, standing, compliance, automated
speed enforcement system, or automated traffic law violations
against a person in a proceeding. Upon commencement of the
action, the municipality or county shall file a certified copy
or record of the final determination of parking, standing,
compliance, automated speed enforcement system, or automated
traffic law violation, which shall be accompanied by a

HB4499 - 206 - LRB102 21455 LNS 30572 b
certification that recites facts sufficient to show that the
final determination of violation was issued in accordance with
this Section and the applicable municipal or county ordinance.
Service of the summons and a copy of the petition may be by any
method provided by Section 2-203 of the Code of Civil
Procedure or by certified mail, return receipt requested,
provided that the total amount of fines and penalties for
final determinations of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violations does not exceed $2500. If the court is satisfied
that the final determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violation was entered in accordance with the requirements of
this Section and the applicable municipal or county ordinance,
and that the registered owner or the lessee, as the case may
be, had an opportunity for an administrative hearing and for
judicial review as provided in this Section, the court shall
render judgment in favor of the municipality or county and
against the registered owner or the lessee for the amount
indicated in the final determination of parking, standing,
compliance, automated speed enforcement system, or automated
traffic law violation, plus costs. The judgment shall have the
same effect and may be enforced in the same manner as other
judgments for the recovery of money.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.

HB4499 - 207 - LRB102 21455 LNS 30572 b
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)
(625 ILCS 5/11-208.6)
Sec. 11-208.6. Automated traffic law enforcement system.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with a red light signal
to produce recorded images of motor vehicles entering an
intersection against a red signal indication in violation of
Section 11-306 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system,
in a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.

HB4499 - 208 - LRB102 21455 LNS 30572 b
(b) As used in this Section, "recorded images" means
images recorded by an automated traffic law enforcement system
on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and,
on at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(b-5) A municipality or county that produces a recorded
image of a motor vehicle's violation of a provision of this
Code or a local ordinance must make the recorded images of a
violation accessible to the alleged violator by providing the
alleged violator with a website address, accessible through
the Internet.
(c) Except as provided under Section 11-208.8 of this
Code, a county or municipality, including a home rule county
or municipality, may not use an automated traffic law
enforcement system to provide recorded images of a motor
vehicle for the purpose of recording its speed. Except as
provided under Section 11-208.8 of this Code, the regulation
of the use of automated traffic law enforcement systems to
record vehicle speeds is an exclusive power and function of
the State. This subsection (c) is a denial and limitation of
home rule powers and functions under subsection (h) of Section

HB4499 - 209 - LRB102 21455 LNS 30572 b
6 of Article VII of the Illinois Constitution.
(c-5) A county or municipality, including a home rule
county or municipality, may not use an automated traffic law
enforcement system to issue violations in instances where the
motor vehicle comes to a complete stop and does not enter the
intersection, as defined by Section 1-132 of this Code, during
the cycle of the red signal indication unless one or more
pedestrians or bicyclists are present, even if the motor
vehicle stops at a point past a stop line or crosswalk where a
driver is required to stop, as specified in subsection (c) of
Section 11-306 of this Code or a similar provision of a local
ordinance.
(c-6) A county, or a municipality with less than 2,000,000
inhabitants, including a home rule county or municipality, may
not use an automated traffic law enforcement system to issue
violations in instances where a motorcyclist enters an
intersection against a red signal indication when the red
signal fails to change to a green signal within a reasonable
period of time not less than 120 seconds because of a signal
malfunction or because the signal has failed to detect the
arrival of the motorcycle due to the motorcycle's size or
weight.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automatic traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to

HB4499 - 210 - LRB102 21455 LNS 30572 b
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
The notice shall include:
(1) the name and address of the registered owner of
the vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
requirements of any traffic education program imposed and
the date by which the civil penalty should be paid and the
traffic education program should be completed;
(8) a statement that recorded images are evidence of a
violation of a red light signal;
(9) a warning that failure to pay the civil penalty,
to complete a required traffic education program, or to
contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;

HB4499 - 211 - LRB102 21455 LNS 30572 b
(10) a statement that the person may elect to proceed
by:
(A) paying the fine, completing a required traffic
education program, or both; or
(B) challenging the charge in court, by mail, or
by administrative hearing; and
(11) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(e) (Blank). If a person charged with a traffic violation,
as a result of an automated traffic law enforcement system,
does not pay the fine or complete a required traffic education
program, or both, or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5 of this Code for failing to
complete a required traffic education program or to pay any
fine or penalty due and owing, or both, as a result of a
combination of 5 violations of the automated traffic law
enforcement system or the automated speed enforcement system
under Section 11-208.8 of this Code.
(f) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.

HB4499 - 212 - LRB102 21455 LNS 30572 b
(g) Recorded images made by an automatic traffic law
enforcement system are confidential and shall be made
available only to the alleged violator and governmental and
law enforcement agencies for purposes of adjudicating a
violation of this Section, for statistical purposes, or for
other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense
of a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of
the violation;
(2) that the driver of the vehicle passed through the
intersection when the light was red either (i) in order to
yield the right-of-way to an emergency vehicle or (ii) as
part of a funeral procession; and
(3) any other evidence or issues provided by municipal
or county ordinance.
(i) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control
or possession of the owner at the time of the violation, the
owner must submit proof that a report concerning the stolen

HB4499 - 213 - LRB102 21455 LNS 30572 b
motor vehicle or registration plates was filed with a law
enforcement agency in a timely manner.
(j) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $100 or the completion of a traffic
education program, or both, plus an additional penalty of not
more than $100 for failure to pay the original penalty or to
complete a required traffic education program, or both, in a
timely manner, if the motor vehicle is recorded by an
automated traffic law enforcement system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle.
(j-3) A registered owner who is a holder of a valid
commercial driver's license is not required to complete a
traffic education program.
(j-5) For purposes of the required traffic education
program only, a registered owner may submit an affidavit to
the court or hearing officer swearing that at the time of the
alleged violation, the vehicle was in the custody and control
of another person. The affidavit must identify the person in
custody and control of the vehicle, including the person's
name and current address. The person in custody and control of
the vehicle at the time of the violation is required to

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complete the required traffic education program. If the person
in custody and control of the vehicle at the time of the
violation completes the required traffic education program,
the registered owner of the vehicle is not required to
complete a traffic education program.
(k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to
approaching traffic indicating that the intersection is being
monitored by an automated traffic law enforcement system.
(k-3) A municipality or county that has one or more
intersections equipped with an automated traffic law
enforcement system must provide notice to drivers by posting
the locations of automated traffic law systems on the
municipality or county website.
(k-5) An intersection equipped with an automated traffic
law enforcement system must have a yellow change interval that
conforms with the Illinois Manual on Uniform Traffic Control
Devices (IMUTCD) published by the Illinois Department of
Transportation.
(k-7) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical
analysis to assess the safety impact of each automated traffic
law enforcement system at an intersection following
installation of the system. The statistical analysis shall be
based upon the best available crash, traffic, and other data,
and shall cover a period of time before and after installation

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of the system sufficient to provide a statistically valid
comparison of safety impact. The statistical analysis shall be
consistent with professional judgment and acceptable industry
practice. The statistical analysis also shall be consistent
with the data required for valid comparisons of before and
after conditions and shall be conducted within a reasonable
period following the installation of the automated traffic law
enforcement system. The statistical analysis required by this
subsection (k-7) shall be made available to the public and
shall be published on the website of the municipality or
county. If the statistical analysis for the 36 month period
following installation of the system indicates that there has
been an increase in the rate of accidents at the approach to
the intersection monitored by the system, the municipality or
county shall undertake additional studies to determine the
cause and severity of the accidents, and may take any action
that it determines is necessary or appropriate to reduce the
number or severity of the accidents at that intersection.
(l) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities located within those counties.

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(n) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(o) (Blank). A municipality or county shall make a
certified report to the Secretary of State pursuant to Section
6-306.5 of this Code whenever a registered owner of a vehicle
has failed to pay any fine or penalty due and owing as a result
of a combination of 5 offenses for automated traffic law or
speed enforcement system violations.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and
address of the lessee. The drivers license number of a lessee
may be subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant

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to this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(Source: P.A. 101-395, eff. 8-16-19; 101-652.)
(625 ILCS 5/11-208.8)
Sec. 11-208.8. Automated speed enforcement systems in
safety zones.
(a) As used in this Section:
"Automated speed enforcement system" means a photographic
device, radar device, laser device, or other electrical or
mechanical device or devices installed or utilized in a safety
zone and designed to record the speed of a vehicle and obtain a
clear photograph or other recorded image of the vehicle and
the vehicle's registration plate or digital registration plate
while the driver is violating Article VI of Chapter 11 of this
Code or a similar provision of a local ordinance.
An automated speed enforcement system is a system, located
in a safety zone which is under the jurisdiction of a
municipality, that produces a recorded image of a motor
vehicle's violation of a provision of this Code or a local
ordinance and is designed to obtain a clear recorded image of
the vehicle and the vehicle's license plate. The recorded
image must also display the time, date, and location of the

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violation.
"Owner" means the person or entity to whom the vehicle is
registered.
"Recorded image" means images recorded by an automated
speed enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and,
on at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
"Safety zone" means an area that is within one-eighth of a
mile from the nearest property line of any public or private
elementary or secondary school, or from the nearest property
line of any facility, area, or land owned by a school district
that is used for educational purposes approved by the Illinois
State Board of Education, not including school district
headquarters or administrative buildings. A safety zone also
includes an area that is within one-eighth of a mile from the
nearest property line of any facility, area, or land owned by a
park district used for recreational purposes. However, if any
portion of a roadway is within either one-eighth mile radius,
the safety zone also shall include the roadway extended to the
furthest portion of the next furthest intersection. The term
"safety zone" does not include any portion of the roadway

HB4499 - 219 - LRB102 21455 LNS 30572 b
known as Lake Shore Drive or any controlled access highway
with 8 or more lanes of traffic.
(a-5) The automated speed enforcement system shall be
operational and violations shall be recorded only at the
following times:
(i) if the safety zone is based upon the property line
of any facility, area, or land owned by a school district,
only on school days and no earlier than 6 a.m. and no later
than 8:30 p.m. if the school day is during the period of
Monday through Thursday, or 9 p.m. if the school day is a
Friday; and
(ii) if the safety zone is based upon the property
line of any facility, area, or land owned by a park
district, no earlier than one hour prior to the time that
the facility, area, or land is open to the public or other
patrons, and no later than one hour after the facility,
area, or land is closed to the public or other patrons.
(b) A municipality that produces a recorded image of a
motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
(c) Notwithstanding any penalties for any other violations
of this Code, the owner of a motor vehicle used in a traffic
violation recorded by an automated speed enforcement system

HB4499 - 220 - LRB102 21455 LNS 30572 b
shall be subject to the following penalties:
(1) if the recorded speed is no less than 6 miles per
hour and no more than 10 miles per hour over the legal
speed limit, a civil penalty not exceeding $50, plus an
additional penalty of not more than $50 for failure to pay
the original penalty in a timely manner; or
(2) if the recorded speed is more than 10 miles per
hour over the legal speed limit, a civil penalty not
exceeding $100, plus an additional penalty of not more
than $100 for failure to pay the original penalty in a
timely manner.
A penalty may not be imposed under this Section if the
driver of the motor vehicle received a Uniform Traffic
Citation from a police officer for a speeding violation
occurring within one-eighth of a mile and 15 minutes of the
violation that was recorded by the system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle. A law enforcement officer is not
required to be present or to witness the violation. No penalty
may be imposed under this Section if the recorded speed of a
vehicle is 5 miles per hour or less over the legal speed limit.
The municipality may send, in the same manner that notices are
sent under this Section, a speed violation warning notice
where the violation involves a speed of 5 miles per hour or

HB4499 - 221 - LRB102 21455 LNS 30572 b
less above the legal speed limit.
(d) The net proceeds that a municipality receives from
civil penalties imposed under an automated speed enforcement
system, after deducting all non-personnel and personnel costs
associated with the operation and maintenance of such system,
shall be expended or obligated by the municipality for the
following purposes:
(i) public safety initiatives to ensure safe passage
around schools, and to provide police protection and
surveillance around schools and parks, including but not
limited to: (1) personnel costs; and (2) non-personnel
costs such as construction and maintenance of public
safety infrastructure and equipment;
(ii) initiatives to improve pedestrian and traffic
safety;
(iii) construction and maintenance of infrastructure
within the municipality, including but not limited to
roads and bridges; and
(iv) after school programs.
(e) For each violation of a provision of this Code or a
local ordinance recorded by an automated speed enforcement
system, the municipality having jurisdiction shall issue a
written notice of the violation to the registered owner of the
vehicle as the alleged violator. The notice shall be delivered
to the registered owner of the vehicle, by mail, within 30 days
after the Secretary of State notifies the municipality of the

HB4499 - 222 - LRB102 21455 LNS 30572 b
identity of the owner of the vehicle, but in no event later
than 90 days after the violation.
(f) The notice required under subsection (e) of this
Section shall include:
(1) the name and address of the registered owner of
the vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the date, time, and location where the violation
occurred;
(5) a copy of the recorded image or images;
(6) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(7) a statement that recorded images are evidence of a
violation of a speed restriction;
(8) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(9) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or
by administrative hearing; and
(10) a website address, accessible through the

HB4499 - 223 - LRB102 21455 LNS 30572 b
Internet, where the person may view the recorded images of
the violation.
(g) (Blank). If a person charged with a traffic violation,
as a result of an automated speed enforcement system, does not
pay the fine or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5 of this Code for failing to pay
any fine or penalty due and owing, or both, as a result of a
combination of 5 violations of the automated speed enforcement
system or the automated traffic law under Section 11-208.6 of
this Code.
(h) Based on inspection of recorded images produced by an
automated speed enforcement system, a notice alleging that the
violation occurred shall be evidence of the facts contained in
the notice and admissible in any proceeding alleging a
violation under this Section.
(i) Recorded images made by an automated speed enforcement
system are confidential and shall be made available only to
the alleged violator and governmental and law enforcement
agencies for purposes of adjudicating a violation of this
Section, for statistical purposes, or for other governmental
purposes. Any recorded image evidencing a violation of this
Section, however, may be admissible in any proceeding
resulting from the issuance of the citation.
(j) The court or hearing officer may consider in defense

HB4499 - 224 - LRB102 21455 LNS 30572 b
of a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control or in the possession of the owner at the time of
the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
speeding violation occurring within one-eighth of a mile
and 15 minutes of the violation that was recorded by the
system; and
(3) any other evidence or issues provided by municipal
ordinance.
(k) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control
or possession of the owner at the time of the violation, the
owner must submit proof that a report concerning the stolen
motor vehicle or registration plates was filed with a law
enforcement agency in a timely manner.
(l) A roadway equipped with an automated speed enforcement
system shall be posted with a sign conforming to the national
Manual on Uniform Traffic Control Devices that is visible to
approaching traffic stating that vehicle speeds are being
photo-enforced and indicating the speed limit. The
municipality shall install such additional signage as it

HB4499 - 225 - LRB102 21455 LNS 30572 b
determines is necessary to give reasonable notice to drivers
as to where automated speed enforcement systems are installed.
(m) A roadway where a new automated speed enforcement
system is installed shall be posted with signs providing 30
days notice of the use of a new automated speed enforcement
system prior to the issuance of any citations through the
automated speed enforcement system.
(n) The compensation paid for an automated speed
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(o) (Blank). A municipality shall make a certified report
to the Secretary of State pursuant to Section 6-306.5 of this
Code whenever a registered owner of a vehicle has failed to pay
any fine or penalty due and owing as a result of a combination
of 5 offenses for automated speed or traffic law enforcement
system violations.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and
address of the lessee. The drivers license number of a lessee

HB4499 - 226 - LRB102 21455 LNS 30572 b
may be subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant
to this subsection, the municipality may issue the violation
to the lessee of the vehicle in the same manner as it would
issue a violation to a registered owner of a vehicle pursuant
to this Section, and the lessee may be held liable for the
violation.
(q) A municipality using an automated speed enforcement
system must provide notice to drivers by publishing the
locations of all safety zones where system equipment is
installed on the website of the municipality.
(r) A municipality operating an automated speed
enforcement system shall conduct a statistical analysis to
assess the safety impact of the system. The statistical
analysis shall be based upon the best available crash,
traffic, and other data, and shall cover a period of time
before and after installation of the system sufficient to
provide a statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be

HB4499 - 227 - LRB102 21455 LNS 30572 b
made available to the public and shall be published on the
website of the municipality.
(s) This Section applies only to municipalities with a
population of 1,000,000 or more inhabitants.
(Source: P.A. 101-395, eff. 8-16-19; 101-652.)
(625 ILCS 5/11-208.9)
Sec. 11-208.9. Automated traffic law enforcement system;
approaching, overtaking, and passing a school bus.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with the visual signals
on a school bus, as specified in Sections 12-803 and 12-805 of
this Code, to produce recorded images of motor vehicles that
fail to stop before meeting or overtaking, from either
direction, any school bus stopped at any location for the
purpose of receiving or discharging pupils in violation of
Section 11-1414 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system,
in a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.

HB4499 - 228 - LRB102 21455 LNS 30572 b
(b) As used in this Section, "recorded images" means
images recorded by an automated traffic law enforcement system
on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and,
on at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(c) A municipality or county that produces a recorded
image of a motor vehicle's violation of a provision of this
Code or a local ordinance must make the recorded images of a
violation accessible to the alleged violator by providing the
alleged violator with a website address, accessible through
the Internet.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automated traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.

HB4499 - 229 - LRB102 21455 LNS 30572 b
(e) The notice required under subsection (d) shall
include:
(1) the name and address of the registered owner of
the vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of overtaking or passing a school bus stopped
for the purpose of receiving or discharging pupils;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(10) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or
by administrative hearing; and
(11) a website address, accessible through the
Internet, where the person may view the recorded images of

HB4499 - 230 - LRB102 21455 LNS 30572 b
the violation.
(f) (Blank). If a person charged with a traffic violation,
as a result of an automated traffic law enforcement system
under this Section, does not pay the fine or successfully
contest the civil penalty resulting from that violation, the
Secretary of State shall suspend the driving privileges of the
registered owner of the vehicle under Section 6-306.5 of this
Code for failing to pay any fine or penalty due and owing as a
result of a combination of 5 violations of the automated
traffic law enforcement system or the automated speed
enforcement system under Section 11-208.8 of this Code.
(g) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(h) Recorded images made by an automated traffic law
enforcement system are confidential and shall be made
available only to the alleged violator and governmental and
law enforcement agencies for purposes of adjudicating a
violation of this Section, for statistical purposes, or for
other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(i) The court or hearing officer may consider in defense
of a violation:

HB4499 - 231 - LRB102 21455 LNS 30572 b
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of
the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
violation of Section 11-1414 of this Code within
one-eighth of a mile and 15 minutes of the violation that
was recorded by the system;
(3) that the visual signals required by Sections
12-803 and 12-805 of this Code were damaged, not
activated, not present in violation of Sections 12-803 and
12-805, or inoperable; and
(4) any other evidence or issues provided by municipal
or county ordinance.
(j) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control
or possession of the owner at the time of the violation, the
owner must submit proof that a report concerning the stolen
motor vehicle or registration plates was filed with a law
enforcement agency in a timely manner.
(k) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil

HB4499 - 232 - LRB102 21455 LNS 30572 b
penalty not exceeding $150 for a first time violation or $500
for a second or subsequent violation, plus an additional
penalty of not more than $100 for failure to pay the original
penalty in a timely manner, if the motor vehicle is recorded by
an automated traffic law enforcement system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle, but may be recorded by the municipality
or county for the purpose of determining if a person is subject
to the higher fine for a second or subsequent offense.
(l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that
the school bus is being monitored by an automated traffic law
enforcement system.
(m) A municipality or county that has one or more school
buses equipped with an automated traffic law enforcement
system must provide notice to drivers by posting a list of
school districts using school buses equipped with an automated
traffic law enforcement system on the municipality or county
website. School districts that have one or more school buses
equipped with an automated traffic law enforcement system must
provide notice to drivers by posting that information on their
websites.
(n) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical

HB4499 - 233 - LRB102 21455 LNS 30572 b
analysis to assess the safety impact in each school district
using school buses equipped with an automated traffic law
enforcement system following installation of the system. The
statistical analysis shall be based upon the best available
crash, traffic, and other data, and shall cover a period of
time before and after installation of the system sufficient to
provide a statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality or county. If the statistical
analysis for the 36-month period following installation of the
system indicates that there has been an increase in the rate of
accidents at the approach to school buses monitored by the
system, the municipality or county shall undertake additional
studies to determine the cause and severity of the accidents,
and may take any action that it determines is necessary or
appropriate to reduce the number or severity of the accidents
involving school buses equipped with an automated traffic law
enforcement system.
(o) The compensation paid for an automated traffic law

HB4499 - 234 - LRB102 21455 LNS 30572 b
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and
address of the lessee. The drivers license number of a lessee
may be subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant
to this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(q) (Blank). A municipality or county shall make a
certified report to the Secretary of State pursuant to Section
6-306.5 of this Code whenever a registered owner of a vehicle
has failed to pay any fine or penalty due and owing as a result
of a combination of 5 offenses for automated traffic law or
speed enforcement system violations.

HB4499 - 235 - LRB102 21455 LNS 30572 b
(r) After a municipality or county enacts an ordinance
providing for automated traffic law enforcement systems under
this Section, each school district within that municipality or
county's jurisdiction may implement an automated traffic law
enforcement system under this Section. The elected school
board for that district must approve the implementation of an
automated traffic law enforcement system. The school district
shall be responsible for entering into a contract, approved by
the elected school board of that district, with vendors for
the installation, maintenance, and operation of the automated
traffic law enforcement system. The school district must enter
into an intergovernmental agreement, approved by the elected
school board of that district, with the municipality or county
with jurisdiction over that school district for the
administration of the automated traffic law enforcement
system. The proceeds from a school district's automated
traffic law enforcement system's fines shall be divided
equally between the school district and the municipality or
county administering the automated traffic law enforcement
system.
(Source: P.A. 101-395, eff. 8-16-19; 101-652.)
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated Railroad Crossing Enforcement
System.
(a) For the purposes of this Section, an automated

HB4499 - 236 - LRB102 21455 LNS 30572 b
railroad grade crossing enforcement system is a system in a
municipality or county operated by a governmental agency that
produces a recorded image of a motor vehicle's violation of a
provision of this Code or local ordinance and is designed to
obtain a clear recorded image of the vehicle and vehicle's
license plate. The recorded image must also display the time,
date, and location of the violation.
As used in this Section, "recorded images" means images
recorded by an automated railroad grade crossing enforcement
system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and,
on at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(b) The Illinois Commerce Commission may, in cooperation
with a local law enforcement agency, establish in any county
or municipality an automated railroad grade crossing
enforcement system at any railroad grade crossing equipped
with a crossing gate designated by local authorities. Local
authorities desiring the establishment of an automated
railroad crossing enforcement system must initiate the process
by enacting a local ordinance requesting the creation of such
a system. After the ordinance has been enacted, and before any

HB4499 - 237 - LRB102 21455 LNS 30572 b
additional steps toward the establishment of the system are
undertaken, the local authorities and the Commission must
agree to a plan for obtaining, from any combination of
federal, State, and local funding sources, the moneys required
for the purchase and installation of any necessary equipment.
(b-1) (Blank.)
(c) For each violation of Section 11-1201 of this Code or a
local ordinance recorded by an automated railroad grade
crossing enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, no later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of
the vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of a railroad grade crossing;

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

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

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(f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad grade
crossing is being monitored, that citations will be issued,
and the amount of the fine for violation.
(g) The compensation paid for an automated railroad grade
crossing enforcement system must be based on the value of the
equipment or the services provided and may not be based on the
number of citations issued or the revenue generated by the
system.
(h) (Blank.)
(i) If any part or parts of this Section are held by a
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby
declares that it would have passed the remaining parts of this
Section if it had known that the other part or parts of this
Section would be declared unconstitutional.
(j) Penalty. A civil fine of $250 shall be imposed for a
first violation of this Section, and a civil fine of $500 shall
be imposed for a second or subsequent violation of this
Section.
(Source: P.A. 101-395, eff. 8-16-19; 101-652.)
Section 180. The Illinois Vehicle Code is amended by
reenacting and amending Sections 4-214.1, 6-306.5, and 6-306.6

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as follows:
(625 ILCS 5/4-214.1)
Sec. 4-214.1. Failure to pay fines, charges, and costs on
an abandoned vehicle. (a) Whenever any resident of this
State fails to pay any fine, charge, or cost imposed for a
violation of Section 4-201 of this Code, or a similar
provision of a local ordinance, the clerk shall notify the
Secretary of State, on a report prescribed by the Secretary,
and the Secretary shall prohibit the renewal, reissue, or
reinstatement of the resident's driving privileges until the
fine, charge, or cost has been paid in full. The clerk shall
provide notice to the owner, at the owner's last known address
as shown on the court's records, stating that the action will
be effective on the 46th day following the date of the above
notice if payment is not received in full by the court of
venue.
(b) Following receipt of the report from the clerk, the
Secretary of State shall make the proper notation to the
owner's file to prohibit the renewal, reissue, or
reinstatement of the owner's driving privileges. Except as
provided in subsection (d) of this Section, the notation shall
not be removed from the owner's record until the owner
satisfies the outstanding fine, charge, or cost and an
appropriate notice on a form prescribed by the Secretary is
received by the Secretary from the court of venue, stating

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that the fine, charge, or cost has been paid in full. Upon
payment in full of a fine, charge, or court cost which has
previously been reported under this Section as unpaid, the
clerk of the court shall present the owner with a signed
receipt containing the seal of the court indicating that the
fine, charge, or cost has been paid in full, and shall forward
immediately to the Secretary of State a notice stating that
the fine, charge, or cost has been paid in full.
(c) Notwithstanding the receipt of a report from the clerk
as prescribed in subsection (a), nothing in this Section is
intended to place any responsibility upon the Secretary of
State to provide independent notice to the owner of any
potential action to disallow the renewal, reissue, or
reinstatement of the owner's driving privileges.
(d) The Secretary of State shall renew, reissue, or
reinstate an owner's driving privileges which were previously
refused under this Section upon presentation of an original
receipt which is signed by the clerk of the court and contains
the seal of the court indicating that the fine, charge, or cost
has been paid in full. The Secretary of State shall retain the
receipt for his or her records.
(Source: P.A. 95-621, eff. 6-1-08.)
(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, automated speed enforcement system, or

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automated traffic law violations; suspension of driving
privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality or
county stating that the owner of a registered vehicle has
failed to pay any fine or penalty due and owing as a result of
5 offenses for automated speed enforcement system violations
or automated traffic violations as defined in Sections
11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination
thereof, or (3) is more than 14 days in default of a payment
plan pursuant to which a suspension had been terminated under
subsection (c) of this Section, the Secretary of State shall
suspend the driving privileges of such person in accordance
with the procedures set forth in this Section. The Secretary
shall also suspend the driving privileges of an owner of a
registered vehicle upon receipt of a certified report, as
prescribed by subsection (f) of this Section, from any
municipality or county stating that such person has failed to
satisfy any fines or penalties imposed by final judgments for
5 or more automated speed enforcement system or automated
traffic law violations, or combination thereof, after
exhaustion of judicial review procedures.
(b) Following receipt of the certified report of the
municipality or county as specified in this Section, the
Secretary of State shall notify the person whose name appears
on the certified report that the person's driver's drivers

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license will be suspended at the end of a specified period of
time unless the Secretary of State is presented with a notice
from the municipality or county certifying that the fine or
penalty due and owing the municipality or county has been paid
or that inclusion of that person's name on the certified
report was in error. The Secretary's notice shall state in
substance the information contained in the municipality's or
county's certified report to the Secretary, and shall be
effective as specified by subsection (c) of Section 6-211 of
this Code.
(c) The report of the appropriate municipal or county
official notifying the Secretary of State of unpaid fines or
penalties pursuant to this Section shall be certified and
shall contain the following:
(1) The name, last known address as recorded with the
Secretary of State, as provided by the lessor of the cited
vehicle at the time of lease, or as recorded in a United
States Post Office approved database if any notice sent
under Section 11-208.3 of this Code is returned as
undeliverable, and driver's drivers license number of the
person who failed to pay the fine or penalty or who has
defaulted in a payment plan and the registration number of
any vehicle known to be registered to such person in this
State.
(2) The name of the municipality or county making the
report pursuant to this Section.

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(3) A statement that the municipality or county sent a
notice of impending driver's drivers license suspension as
prescribed by ordinance enacted pursuant to Section
11-208.3 of this Code or a notice of default in a payment
plan, to the person named in the report at the address
recorded with the Secretary of State or at the last
address known to the lessor of the cited vehicle at the
time of lease or, if any notice sent under Section
11-208.3 of this Code is returned as undeliverable, at the
last known address recorded in a United States Post Office
approved database; the date on which such notice was sent;
and the address to which such notice was sent. In a
municipality or county with a population of 1,000,000 or
more, the report shall also include a statement that the
alleged violator's State vehicle registration number and
vehicle make, if specified on the automated speed
enforcement system violation or automated traffic law
violation notice, are correct as they appear on the
citations.
(4) A unique identifying reference number for each
request of suspension sent whenever a person has failed to
pay the fine or penalty or has defaulted on a payment plan.
(d) Any municipality or county making a certified report
to the Secretary of State pursuant to this Section shall
notify the Secretary of State, in a form prescribed by the
Secretary, whenever a person named in the certified report has

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paid the previously reported fine or penalty, whenever a
person named in the certified report has entered into a
payment plan pursuant to which the municipality or county has
agreed to terminate the suspension, or whenever the
municipality or county determines that the original report was
in error. A certified copy of such notification shall also be
given upon request and at no additional charge to the person
named therein. Upon receipt of the municipality's or county's
notification or presentation of a certified copy of such
notification, the Secretary of State shall terminate the
suspension.
(e) Any municipality or county making a certified report
to the Secretary of State pursuant to this Section shall also
by ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited to
(1) the person not having been the owner or lessee of the
vehicle or vehicles receiving a combination of 5 or more
automated speed enforcement system or automated traffic law
violations on the date or dates such notices were issued; and
(2) the person having already paid the fine or penalty for the
combination of 5 or more automated speed enforcement system or
automated traffic law violations indicated on the certified
report.
(f) Any municipality or county, other than a municipality
or county establishing automated speed enforcement system

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regulations under Section 11-208.8, or automated traffic law
regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
may also cause a suspension of a person's driver's drivers
license pursuant to this Section. Such municipality or county
may invoke this sanction by making a certified report to the
Secretary of State upon a person's failure to satisfy any fine
or penalty imposed by final judgment for a combination of 5 or
more automated speed enforcement system or automated traffic
law violations after exhaustion of judicial review procedures,
but only if:
(1) the municipality or county complies with the
provisions of this Section in all respects except in
regard to enacting an ordinance pursuant to Section
11-208.3;
(2) the municipality or county has sent a notice of
impending driver's drivers license suspension as
prescribed by an ordinance enacted pursuant to subsection
(g) of this Section; and
(3) in municipalities or counties with a population of
1,000,000 or more, the municipality or county has verified
that the alleged violator's State vehicle registration
number and vehicle make are correct as they appear on the
citations.
(g) Any municipality or county, other than a municipality
or county establishing automated speed enforcement system
regulations under Section 11-208.8, or automated traffic law

HB4499 - 248 - LRB102 21455 LNS 30572 b
regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
may provide by ordinance for the sending of a notice of
impending driver's drivers license suspension to the person
who has failed to satisfy any fine or penalty imposed by final
judgment for a combination of 5 or more automated speed
enforcement system or automated traffic law violations after
exhaustion of judicial review procedures. An ordinance so
providing shall specify that the notice sent to the person
liable for any fine or penalty shall state that failure to pay
the fine or penalty owing within 45 days of the notice's date
will result in the municipality or county notifying the
Secretary of State that the person's driver's drivers license
is eligible for suspension pursuant to this Section. The
notice of impending driver's drivers license suspension shall
be sent by first class United States mail, postage prepaid, to
the address recorded with the Secretary of State or at the last
address known to the lessor of the cited vehicle at the time of
lease or, if any notice sent under Section 11-208.3 of this
Code is returned as undeliverable, to the last known address
recorded in a United States Post Office approved database.
(h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may
be had upon filing a written request with the Secretary of
State. The filing fee for this hearing shall be $20, to be paid
at the time the request is made. A municipality or county which
files a certified report with the Secretary of State pursuant

HB4499 - 249 - LRB102 21455 LNS 30572 b
to this Section shall reimburse the Secretary for all
reasonable costs incurred by the Secretary as a result of the
filing of the report, including, but not limited to, the costs
of providing the notice required pursuant to subsection (b)
and the costs incurred by the Secretary in any hearing
conducted with respect to the report pursuant to this
subsection and any appeal from such a hearing.
(i) The provisions of this Section shall apply on and
after January 1, 1988.
(j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
(625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)
Sec. 6-306.6. Failure to pay traffic fines, penalties, or
court costs.
(a) Whenever any resident of this State fails to pay any
traffic fine, penalty, or cost imposed for a violation of this
Code, or similar provision of local ordinance, the clerk may
notify the Secretary of State, on a report prescribed by the
Secretary, and the Secretary shall prohibit the renewal,
reissue or reinstatement of such resident's driving privileges
until such fine, penalty, or cost has been paid in full. The
clerk shall provide notice to the driver, at the driver's last
known address as shown on the court's records, stating that
such action will be effective on the 46th day following the

HB4499 - 250 - LRB102 21455 LNS 30572 b
date of the above notice if payment is not received in full by
the court of venue.
(a-1) Whenever any resident of this State who has made a
partial payment on any traffic fine, penalty, or cost that was
imposed under a conviction entered on or after the effective
date of this amendatory Act of the 93rd General Assembly, for a
violation of this Code or a similar provision of a local
ordinance, fails to pay the remainder of the outstanding fine,
penalty, or cost within the time limit set by the court, the
clerk may notify the Secretary of State, on a report
prescribed by the Secretary, and the Secretary shall prohibit
the renewal, reissue, or reinstatement of the resident's
driving privileges until the fine, penalty, or cost has been
paid in full. The clerk shall provide notice to the driver, at
the driver's last known address as shown on the court's
records, stating that the action will be effective on the 46th
day following the date of the notice if payment is not received
in full by the court of venue.
(b) Except as provided in subsection (b-1), following
receipt of the report from the clerk, the Secretary of State
shall make the proper notation to the driver's file to
prohibit the renewal, reissue or reinstatement of such
driver's driving privileges. Except as provided in paragraph
(2) of subsection (d) of this Section, such notation shall not
be removed from the driver's record until the driver satisfies
the outstanding fine, penalty, or cost and an appropriate

HB4499 - 251 - LRB102 21455 LNS 30572 b
notice on a form prescribed by the Secretary is received by the
Secretary from the court of venue, stating that such fine,
penalty, or cost has been paid in full. Upon payment in full of
a traffic fine, penalty, or court cost which has previously
been reported under this Section as unpaid, the clerk of the
court shall present the driver with a signed receipt
containing the seal of the court indicating that such fine,
penalty, or cost has been paid in full, and shall forward
forthwith to the Secretary of State a notice stating that the
fine, penalty, or cost has been paid in full.
(b-1) In a county with a population of 3,000,000 or more,
following receipt of the report from the clerk, the Secretary
of State shall make the proper notation to the driver's file to
prohibit the renewal, reissue or reinstatement of such
driver's driving privileges. Such notation shall not be
removed from the driver's record until the driver satisfies
the outstanding fine, penalty, or cost and an appropriate
notice on a form prescribed by the Secretary is received by the
Secretary directly from the court of venue, stating that such
fine, penalty, or cost has been paid in full. Upon payment in
full of a traffic fine, penalty, or court cost which has
previously been reported under this Section as unpaid, the
clerk of the court shall forward forthwith directly to the
Secretary of State a notice stating that the fine, penalty, or
cost has been paid in full and shall provide the driver with a
signed receipt containing the seal of the court, indicating

HB4499 - 252 - LRB102 21455 LNS 30572 b
that the fine, penalty, and cost have been paid in full. The
receipt may not be used by the driver to clear the driver's
record.
(c) The provisions of this Section shall be limited to a
single action per arrest and as a post conviction measure
only. Fines, penalty, or costs to be collected subsequent to
orders of court supervision, or other available court
diversions are not applicable to this Section.
(d)(1) Notwithstanding the receipt of a report from the
clerk as prescribed in subsections (a) and (e), nothing in
this Section is intended to place any responsibility upon the
Secretary of State to provide independent notice to the driver
of any potential action to disallow the renewal, reissue or
reinstatement of such driver's driving privileges.
(2) Except as provided in subsection (b-1), the Secretary
of State shall renew, reissue or reinstate a driver's driving
privileges which were previously refused pursuant to this
Section upon presentation of an original receipt which is
signed by the clerk of the court and contains the seal of the
court indicating that the fine, penalty, or cost has been paid
in full. The Secretary of State shall retain such receipt for
his records.
(e) Upon receipt of notification from another state that
is a member of the Nonresident Violator Compact of 1977,
stating a resident of this State failed to pay a traffic fine,
penalty, or cost imposed for a violation that occurs in

HB4499 - 253 - LRB102 21455 LNS 30572 b
another state, the Secretary shall make the proper notation to
the driver's license file to prohibit the renewal, reissue, or
reinstatement of the resident's driving privileges until the
fine, penalty, or cost has been paid in full. The Secretary of
State shall renew, reissue, or reinstate the driver's driving
privileges that were previously refused under this Section
upon receipt of notification from the other state that
indicates that the fine, penalty, or cost has been paid in
full. The Secretary of State shall retain the out-of-state
receipt for his or her records.
(Source: P.A. 98-178, eff. 1-1-14.)
Section 185. The Snowmobile Registration and Safety Act is
amended by changing Section 5-7 as follows:
(625 ILCS 40/5-7)
(Text of Section before amendment by P.A. 101-652)
Sec. 5-7. Operating a snowmobile while under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds, or a combination of them; criminal penalties;
suspension of operating privileges.
(a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
1. The alcohol concentration in that person's blood,
other bodily substance, or breath is a concentration at
which driving a motor vehicle is prohibited under

HB4499 - 254 - LRB102 21455 LNS 30572 b
subdivision (1) of subsection (a) of Section 11-501 of the
Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other drug
or combination of drugs to a degree that renders that
person incapable of safely operating a snowmobile;
3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable of
safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that person
incapable of safely operating a snowmobile;
4.3. The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance at which driving a motor
vehicle is prohibited under subdivision (7) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
4.5. The person who is a CDL holder has any amount of a
drug, substance, or compound in the person's breath,
blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act; or
5. There is any amount of a drug, substance, or
compound in that person's breath, blood, other bodily

HB4499 - 255 - LRB102 21455 LNS 30572 b
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, or intoxicating compound listed in the use
of Intoxicating Compounds Act.
(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any
combination of them does not constitute a defense against a
charge of violating this Section.
(c) Every person convicted of violating this Section or a
similar provision of a local ordinance is guilty of a Class A
misdemeanor, except as otherwise provided in this Section.
(c-1) As used in this Section, "first time offender" means
any person who has not had a previous conviction or been
assigned supervision for violating this Section or a similar
provision of a local ordinance, or any person who has not had a
suspension imposed under subsection (e) of Section 5-7.1.
(c-2) For purposes of this Section, the following are
equivalent to a conviction:
(1) a forfeiture of bail or collateral deposited to
secure a defendant's appearance in court when forfeiture
has not been vacated; or
(2) the failure of a defendant to appear for trial.
(d) Every person convicted of violating this Section is

HB4499 - 256 - LRB102 21455 LNS 30572 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

HB4499 - 257 - LRB102 21455 LNS 30572 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,

HB4499 - 258 - LRB102 21455 LNS 30572 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. 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;
2. The person is under the influence of alcohol;

HB4499 - 259 - LRB102 21455 LNS 30572 b
3. The person is under the influence of any other drug
or combination of drugs to a degree that renders that
person incapable of safely operating a snowmobile;
3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable of
safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that person
incapable of safely operating a snowmobile;
4.3. The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance at which driving a motor
vehicle is prohibited under subdivision (7) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
4.5. The person who is a CDL holder has any amount of a
drug, substance, or compound in the person's breath,
blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act; or
5. There is any amount of a drug, substance, or
compound in that person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as

HB4499 - 260 - LRB102 21455 LNS 30572 b
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
guilty of a Class 4 felony if:

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

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

HB4499 - 263 - LRB102 21455 LNS 30572 b
(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 190. 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
may accept credit card payments over the Internet for fines,

HB4499 - 264 - LRB102 21455 LNS 30572 b
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,
facilitator, or service provider. This service fee shall be in

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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.
The clerk of the circuit court is authorized to enter into

HB4499 - 266 - LRB102 21455 LNS 30572 b
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
provided in Section 3-409 of the Uniform Commercial Code.

HB4499 - 267 - LRB102 21455 LNS 30572 b
(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
contracts with third party fund guarantors, facilitators, and

HB4499 - 268 - LRB102 21455 LNS 30572 b
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 195. The Attorney Act is amended by changing
Section 9 as follows:
(705 ILCS 205/9) (from Ch. 13, par. 9)
Sec. 9. All attorneys and counselors at law, judges,

HB4499 - 269 - LRB102 21455 LNS 30572 b
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 200. 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
Act, when their use is needed for good cause and with an order

HB4499 - 270 - LRB102 21455 LNS 30572 b
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
for the discharge of its official duties in connection

HB4499 - 271 - LRB102 21455 LNS 30572 b
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
or required under Section 5-805 and the minor is the

HB4499 - 272 - LRB102 21455 LNS 30572 b
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
appropriate school official or officials whom the

HB4499 - 273 - LRB102 21455 LNS 30572 b
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
Criminal Code of 1961 or the Criminal Code of

HB4499 - 274 - LRB102 21455 LNS 30572 b
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
enforcement officials about a minor who is the subject

HB4499 - 275 - LRB102 21455 LNS 30572 b
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
to a person who is the subject of juvenile law enforcement

HB4499 - 276 - LRB102 21455 LNS 30572 b
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.
(13) Collection agencies, contracted or otherwise

HB4499 - 277 - LRB102 21455 LNS 30572 b
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
the Department files pursuant to Section 2.1 of the Criminal

HB4499 - 278 - LRB102 21455 LNS 30572 b
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
available for inspection, the court shall consider the

HB4499 - 279 - LRB102 21455 LNS 30572 b
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
enforcement agencies from communicating with each other by

HB4499 - 280 - LRB102 21455 LNS 30572 b
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
effective date of Public Act 98-61).

HB4499 - 281 - LRB102 21455 LNS 30572 b
(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
agencies or records of municipal ordinance violations

HB4499 - 282 - LRB102 21455 LNS 30572 b
maintained by any State, local, or municipal agency that
relate to a minor who has been investigated, arrested, or
taken into custody before his or her 18th birthday shall be
restricted to the following:
(0.05) The minor who is the subject of the juvenile
law enforcement record, his or her parents, guardian, and
counsel.
(0.10) Judges of the circuit court and members of the
staff of the court designated by the judge.
(0.15) An administrative adjudication hearing officer
or members of the staff designated to assist in the
administrative adjudication process.
(1) Any local, State, or federal law enforcement
officers or designated law enforcement staff of any
jurisdiction or agency when necessary for the discharge of
their official duties during the investigation or
prosecution of a crime or relating to a minor who has been
adjudicated delinquent and there has been a previous
finding that the act which constitutes the previous
offense was committed in furtherance of criminal
activities by a criminal street gang, or, when necessary
for the discharge of its official duties in connection
with a particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of

HB4499 - 283 - LRB102 21455 LNS 30572 b
law enforcement officers. For purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(2) Prosecutors, public defenders, probation officers,
social workers, or other individuals assigned by the court
to conduct a pre-adjudication or pre-disposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for
minors under the order of the juvenile court, when
essential to performing their responsibilities.
(3) Federal, State, or local prosecutors, public
defenders, probation officers, and designated staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and the
minor is the subject of a proceeding to determine the
conditions of pretrial release amount of bail;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and the minor is the
subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation; or
(d) in the course of prosecution or administrative

HB4499 - 284 - LRB102 21455 LNS 30572 b
adjudication of a violation of a traffic, boating, or
fish and game law, or a county or municipal ordinance.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(5.5) Employees of the federal government authorized
by law.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge and the chief executive
of the respective law enforcement agency; provided that
publication of such research results in no disclosure of a
minor's identity and protects the confidentiality of the
minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official
capacity.
(8) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to
juvenile law enforcement records transmitted to the
appropriate school official or officials whom the
school has determined to have a legitimate educational
or safety interest by a local law enforcement agency
under a reciprocal reporting system established and
maintained between the school district and the local

HB4499 - 285 - LRB102 21455 LNS 30572 b
law enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of
2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of
2012.
The information derived from the juvenile law
enforcement records shall be kept separate from and
shall not become a part of the official school record

HB4499 - 286 - LRB102 21455 LNS 30572 b
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
enforcement records, and shall be used solely by the

HB4499 - 287 - LRB102 21455 LNS 30572 b
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
juvenile law enforcement records and any information

HB4499 - 288 - LRB102 21455 LNS 30572 b
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
enforcement officer or other person or agency may knowingly

HB4499 - 289 - LRB102 21455 LNS 30572 b
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
offense other than those listed in this paragraph (2).

HB4499 - 290 - LRB102 21455 LNS 30572 b
(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
subsection (C) shall not be admissible in any criminal or

HB4499 - 291 - LRB102 21455 LNS 30572 b
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
reasonable grounds to believe that the person poses a real and

HB4499 - 292 - LRB102 21455 LNS 30572 b
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
to the public.

HB4499 - 293 - LRB102 21455 LNS 30572 b
(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
public or otherwise made widely available. Sealed juvenile

HB4499 - 294 - LRB102 21455 LNS 30572 b
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.
Beginning July 1, 1994, for purposes of this Section,

HB4499 - 295 - LRB102 21455 LNS 30572 b
"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
application for probation; or

HB4499 - 296 - LRB102 21455 LNS 30572 b
(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
shall be privileged and available only to the Secretary of

HB4499 - 297 - LRB102 21455 LNS 30572 b
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
X of the Illinois Public Aid Code.

HB4499 - 298 - LRB102 21455 LNS 30572 b
(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,
or operate to disqualify a minor from subsequently holding

HB4499 - 299 - LRB102 21455 LNS 30572 b
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
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

HB4499 - 300 - LRB102 21455 LNS 30572 b
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
birthday for those offenses required to be reported under

HB4499 - 301 - LRB102 21455 LNS 30572 b
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
any of the civil disabilities ordinarily imposed by or

HB4499 - 302 - LRB102 21455 LNS 30572 b
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,
association, or group of 3 or more persons, whether formal

HB4499 - 303 - LRB102 21455 LNS 30572 b
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
or required under Section 5-805 and a minor is the

HB4499 - 304 - LRB102 21455 LNS 30572 b
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
particular records; provided that publication of such

HB4499 - 305 - LRB102 21455 LNS 30572 b
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
and owing to the governmental entity.

HB4499 - 306 - LRB102 21455 LNS 30572 b
(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
consider the minor's interest in confidentiality and

HB4499 - 307 - LRB102 21455 LNS 30572 b
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
institution, or fire department to ascertain whether that

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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
juvenile court record, including all documents, petitions, and

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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.)
(705 ILCS 405/5-150)

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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
any offense relating to motor vehicles prescribed in Sections

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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 205. The Criminal Code of 2012 is amended by
changing Sections 26.5-5, 31-1, 31A-0.1, 32-10, and 32-15 as
follows:
(720 ILCS 5/26.5-5)
Sec. 26.5-5. Sentence.
(a) Except as provided in subsection (b), a person who
violates any of the provisions of Section 26.5-1, 26.5-2, or
26.5-3 of this Article is guilty of a Class B misdemeanor.
Except as provided in subsection (b), a second or subsequent
violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article
is a Class A misdemeanor, for which the court shall impose a
minimum of 14 days in jail or, if public or community service
is established in the county in which the offender was
convicted, 240 hours of public or community service.
(b) In any of the following circumstances, a person who
violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article

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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
of the commission of the offense and the victim was under

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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.
(a-7) A person convicted for a violation of this Section

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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
Section if a person resists or obstructs the performance of

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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
guilty of a Class 4 felony.

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(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
remaining in a dwelling, residence, building, or other

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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.
(iii-a) "Methamphetamine" as that term is defined in

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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
ammunition; or

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(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
is not limited to, handcuff or security restraint key,

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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,
reformatory, prison, jail, house of correction, police

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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
offense, a felony of the next lower Class or a Class A

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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,
or a criminal offense in which the victim is a family or

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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
surety or bail, the financial worth or standing of the person

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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 210. The Criminal Code of 2012 is amended by
changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 as follows:
(720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
Sec. 7-5. Peace officer's use of force in making arrest.
(a) A peace officer, or any person whom he has summoned or
directed to assist him, need not retreat or desist from
efforts to make a lawful arrest because of resistance or
threatened resistance to the arrest. He is justified in the
use of any force which he reasonably believes, based on the
totality of the circumstances, to be necessary to effect the

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arrest and of any force which he reasonably believes, based on
the totality of the circumstances, to be necessary to defend
himself or another from bodily harm while making the arrest.
However, he is justified in using force likely to cause death
or great bodily harm only when: (i) he reasonably believes,
based on the totality of the circumstances, that such force is
necessary to prevent death or great bodily harm to himself or
such other person; or (ii) when he reasonably believes, based
on the totality of the circumstances, both that:
(1) Such force is necessary to prevent the arrest from
being defeated by resistance or escape and the officer
reasonably believes that the person to be arrested is
likely to cause great bodily harm to another; and
(2) The person to be arrested committed or attempted a
forcible felony which involves the infliction or
threatened infliction of great bodily harm or is
attempting to escape by use of a deadly weapon, or
otherwise indicates that he will endanger human life or
inflict great bodily harm unless arrested without delay.
As used in this subsection, "retreat" does not mean
tactical repositioning or other de-escalation tactics.
A peace officer is not justified in using force likely to
cause death or great bodily harm when there is no longer an
imminent threat of great bodily harm to the officer or
another.
(a-5) Where feasible, a peace officer shall, prior to the

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use of force, make reasonable efforts to identify himself or
herself as a peace officer and to warn that deadly force may be
used.
(a-10) A peace officer shall not use deadly force against
a person based on the danger that the person poses to himself
or herself if an reasonable officer would believe the person
does not pose an imminent threat of death or great bodily harm
to the peace officer or to another person.
(a-15) A peace officer shall not use deadly force against
a person who is suspected of committing a property offense,
unless that offense is terrorism or unless deadly force is
otherwise authorized by law.
(b) A peace officer making an arrest pursuant to an
invalid warrant is justified in the use of any force which he
would be justified in using if the warrant were valid, unless
he knows that the warrant is invalid.
(c) The authority to use physical force conferred on peace
officers by this Article is a serious responsibility that
shall be exercised judiciously and with respect for human
rights and dignity and for the sanctity of every human life.
(d) Peace officers shall use deadly force only when
reasonably necessary in defense of human life. In determining
whether deadly force is reasonably necessary, officers shall
evaluate each situation in light of the totality of
circumstances of each case including but not limited to the
proximity in time of the use of force to the commission of a

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forcible felony, and the reasonable feasibility of safely
apprehending a subject at a later time, and shall use other
available resources and techniques, if reasonably safe and
feasible to a reasonable officer.
(e) The decision by a peace officer to use force shall be
evaluated carefully and thoroughly, in a manner that reflects
the gravity of that authority and the serious consequences of
the use of force by peace officers, in order to ensure that
officers use force consistent with law and agency policies.
(f) The decision by a peace officer to use force shall be
evaluated from the perspective of a reasonable officer in the
same situation, based on the totality of the circumstances
known to or perceived by the officer at the time of the
decision, rather than with the benefit of hindsight, and that
the totality of the circumstances shall account for occasions
when officers may be forced to make quick judgments about
using force.
(g) Law enforcement agencies are encouraged to adopt and
develop policies designed to protect individuals with
physical, mental health, developmental, or intellectual
disabilities, or individuals who are significantly more likely
to experience greater levels of physical force during police
interactions, as these disabilities may affect the ability of
a person to understand or comply with commands from peace
officers.
(h) As used in this Section:

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(1) "Deadly force" means any use of force that creates
a substantial risk of causing death or great bodily harm,
including, but not limited to, the discharge of a firearm.
(2) A threat of death or serious bodily injury is
"imminent" when, based on the totality of the
circumstances, a reasonable officer in the same situation
would believe that a person has the present ability,
opportunity, and apparent intent to immediately cause
death or great bodily harm to the peace officer or another
person. An imminent harm is not merely a fear of future
harm, no matter how great the fear and no matter how great
the likelihood of the harm, but is one that, from
appearances, must be instantly confronted and addressed.
(3) "Totality of the circumstances" means all facts
known to the peace officer at the time, or that would be
known to a reasonable officer in the same situation,
including the conduct of the officer and the subject
leading up to the use of deadly force.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
revised 8-2-21.)
(720 ILCS 5/7-5.5)
Sec. 7-5.5. Prohibited use of force by a peace officer.
(a) A peace officer, or any other person acting under the
color of law, shall not use a chokehold or restraint above the
shoulders with risk of asphyxiation in the performance of his

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or her duties, unless deadly force is justified under this
Article 7 of this Code.
(b) A peace officer, or any other person acting under the
color of law, shall not use a chokehold or restraint above the
shoulders with risk of asphyxiation, or any lesser contact
with the throat or neck area of another, in order to prevent
the destruction of evidence by ingestion.
(c) As used in this Section, "chokehold" means applying
any direct pressure to the throat, windpipe, or airway of
another with the intent to reduce or prevent the intake of
air.. "Chokehold" does not include any holding involving
contact with the neck that is not intended to reduce the intake
of air such as a headlock where the only pressure applied is to
the head.
(d) As used in this Section, "restraint above the
shoulders with risk of positional asphyxiation" means a use of
a technique used to restrain a person above the shoulders,
including the neck or head, in a position which interferes
with the person's ability to breathe after the person no
longer poses a threat to the officer or any other person.
(e) A peace officer, or any other person acting under the
color of law, shall not:
(i) use force as punishment or retaliation;
(ii) discharge kinetic impact projectiles and all
other non-or less-lethal projectiles in a manner that
targets the head, neck, groin, anterior pelvis, or back;

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(iii) discharge conducted electrical weapons in a
manner that targets the head, chest, neck, groin, or
anterior pelvis;
(iv) discharge firearms or kinetic impact projectiles
indiscriminately into a crowd;
(v) use chemical agents or irritants for crowd
control, including pepper spray and tear gas, prior to
issuing an order to disperse in a sufficient manner to
allow for the order to be heard and repeated if necessary,
followed by sufficient time and space to allow compliance
with the order unless providing such time and space would
unduly place an officer or another person at risk of death
or great bodily harm; or
(vi) use chemical agents or irritants, including
pepper spray and tear gas, prior to issuing an order in a
sufficient manner to ensure the order is heard, and
repeated if necessary, to allow compliance with the order
unless providing such time and space would unduly place an
officer or another person at risk of death or great bodily
harm.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
revised 8-2-21.)
(720 ILCS 5/7-9) (from Ch. 38, par. 7-9)
Sec. 7-9. Use of force to prevent escape.
(a) A peace officer or other person who has an arrested

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person in his custody is justified in the use of such force,
except deadly force, to prevent the escape of the arrested
person from custody as he would be justified in using if he
were arresting such person.
(b) A guard or other peace officer is justified in the use
of force, including force likely to cause death or great
bodily harm, which he reasonably believes to be necessary to
prevent the escape from a penal institution of a person whom
the officer reasonably believes to be lawfully detained in
such institution under sentence for an offense or awaiting
trial or commitment for an offense.
(c) Deadly force shall not be used to prevent escape under
this Section unless, based on the totality of the
circumstances, deadly force is necessary to prevent death or
great bodily harm to himself or such other person.
(Source: Laws 1961, p. 1983; P.A. 101-652.)
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree murder; death penalties;
exceptions; separate hearings; proof; findings; appellate
procedures; reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing
the acts which cause the death:
(1) he or she either intends to kill or do great bodily
harm to that individual or another, or knows that such

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acts will cause death to that individual or another; or
(2) he or she knows that such acts create a strong
probability of death or great bodily harm to that
individual or another; or
(3) he or she, acting alone or with one or more
participants, commits or attempts to commit a forcible
felony other than second degree murder, and in the course
of or in furtherance of such crime or flight therefrom, he
or she or another participant causes the death of a person
he or she is attempting or committing a forcible felony
other than second degree murder.
(b) Aggravating Factors. A defendant who at the time of
the commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree murder may
be sentenced to death if:
(1) the murdered individual was a peace officer or
fireman killed in the course of performing his official
duties, to prevent the performance of his or her official
duties, or in retaliation for performing his or her
official duties, and the defendant knew or should have
known that the murdered individual was a peace officer or
fireman; or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, killed in the
course of performing his or her official duties, to

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prevent the performance of his or her official duties, or
in retaliation for performing his or her official duties,
or the murdered individual was an inmate at such
institution or facility and was killed on the grounds
thereof, or the murdered individual was otherwise present
in such institution or facility with the knowledge and
approval of the chief administrative officer thereof; or
(3) the defendant has been convicted of murdering two
or more individuals under subsection (a) of this Section
or under any law of the United States or of any state which
is substantially similar to subsection (a) of this Section
regardless of whether the deaths occurred as the result of
the same act or of several related or unrelated acts so
long as the deaths were the result of either an intent to
kill more than one person or of separate acts which the
defendant knew would cause death or create a strong
probability of death or great bodily harm to the murdered
individual or another; or
(4) the murdered individual was killed as a result of
the hijacking of an airplane, train, ship, bus, or other
public conveyance; or
(5) the defendant committed the murder pursuant to a
contract, agreement, or understanding by which he or she
was to receive money or anything of value in return for
committing the murder or procured another to commit the
murder for money or anything of value; or

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(6) the murdered individual was killed in the course
of another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant, or
(ii) received physical injuries personally
inflicted by the defendant substantially
contemporaneously with physical injuries caused by
one or more persons for whose conduct the
defendant is legally accountable under Section 5-2
of this Code, and the physical injuries inflicted
by either the defendant or the other person or
persons for whose conduct he is legally
accountable caused the death of the murdered
individual; and
(b) in performing the acts which caused the death
of the murdered individual or which resulted in
physical injuries personally inflicted by the
defendant on the murdered individual under the
circumstances of subdivision (ii) of subparagraph (a)
of paragraph (6) of subsection (b) of this Section,
the defendant acted with the intent to kill the
murdered individual or with the knowledge that his
acts created a strong probability of death or great
bodily harm to the murdered individual or another; and
(c) the other felony was an inherently violent
crime or the attempt to commit an inherently violent

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crime. In this subparagraph (c), "inherently violent
crime" includes, but is not limited to, armed robbery,
robbery, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated
kidnapping, aggravated vehicular hijacking, aggravated
arson, aggravated stalking, residential burglary, and
home invasion; or
(7) the murdered individual was under 12 years of age
and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent to
prevent the murdered individual from testifying or
participating in any criminal investigation or prosecution
or giving material assistance to the State in any
investigation or prosecution, either against the defendant
or another; or the defendant committed the murder because
the murdered individual was a witness in any prosecution
or gave material assistance to the State in any
investigation or prosecution, either against the defendant
or another; for purposes of this paragraph (8),
"participating in any criminal investigation or
prosecution" is intended to include those appearing in the
proceedings in any capacity such as trial judges,
prosecutors, defense attorneys, investigators, witnesses,
or jurors; or
(9) the defendant, while committing an offense

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punishable under Sections 401, 401.1, 401.2, 405, 405.2,
407 or 407.1 or subsection (b) of Section 404 of the
Illinois Controlled Substances Act, or while engaged in a
conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(10) the defendant was incarcerated in an institution
or facility of the Department of Corrections at the time
of the murder, and while committing an offense punishable
as a felony under Illinois law, or while engaged in a
conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(11) the murder was committed in a cold, calculated
and premeditated manner pursuant to a preconceived plan,
scheme or design to take a human life by unlawful means,
and the conduct of the defendant created a reasonable
expectation that the death of a human being would result
therefrom; or
(12) the murdered individual was an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel, employed by a municipality or other

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governmental unit, killed in the course of performing his
official duties, to prevent the performance of his
official duties, or in retaliation for performing his
official duties, and the defendant knew or should have
known that the murdered individual was an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance
or first aid personnel; or
(13) the defendant was a principal administrator,
organizer, or leader of a calculated criminal drug
conspiracy consisting of a hierarchical position of
authority superior to that of all other members of the
conspiracy, and the defendant counseled, commanded,
induced, procured, or caused the intentional killing of
the murdered person; or
(14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section
torture means the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or
prolong the pain, suffering or agony of the victim; or
(15) the murder was committed as a result of the
intentional discharge of a firearm by the defendant from a
motor vehicle and the victim was not present within the
motor vehicle; or
(16) the murdered individual was 60 years of age or

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older and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(17) the murdered individual was a person with a
disability and the defendant knew or should have known
that the murdered individual was a person with a
disability. For purposes of this paragraph (17), "person
with a disability" means a person who suffers from a
permanent physical or mental impairment resulting from
disease, an injury, a functional disorder, or a congenital
condition that renders the person incapable of adequately
providing for his or her own health or personal care; or
(18) the murder was committed by reason of any
person's activity as a community policing volunteer or to
prevent any person from engaging in activity as a
community policing volunteer; or
(19) the murdered individual was subject to an order
of protection and the murder was committed by a person
against whom the same order of protection was issued under
the Illinois Domestic Violence Act of 1986; or
(20) the murdered individual was known by the
defendant to be a teacher or other person employed in any
school and the teacher or other employee is upon the
grounds of a school or grounds adjacent to a school, or is
in any part of a building used for school purposes; or
(21) the murder was committed by the defendant in
connection with or as a result of the offense of terrorism

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as defined in Section 29D-14.9 of this Code; or
(22) the murdered individual was a member of a
congregation engaged in prayer or other religious
activities at a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
(b-5) Aggravating Factor; Natural Life Imprisonment. A
defendant who has been found guilty of first degree murder and
who at the time of the commission of the offense had attained
the age of 18 years or more may be sentenced to natural life
imprisonment if (i) the murdered individual was a physician,
physician assistant, psychologist, nurse, or advanced practice
registered nurse, (ii) the defendant knew or should have known
that the murdered individual was a physician, physician
assistant, psychologist, nurse, or advanced practice
registered nurse, and (iii) the murdered individual was killed
in the course of acting in his or her capacity as a physician,
physician assistant, psychologist, nurse, or advanced practice
registered nurse, or to prevent him or her from acting in that
capacity, or in retaliation for his or her acting in that
capacity.
(c) Consideration of factors in Aggravation and
Mitigation.
The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors

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set forth in subsection (b). Mitigating factors may include
but need not be limited to the following:
(1) the defendant has no significant history of prior
criminal activity;
(2) the murder was committed while the defendant was
under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in the
defendant's homicidal conduct or consented to the
homicidal act;
(4) the defendant acted under the compulsion of threat
or menace of the imminent infliction of death or great
bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death;
(6) the defendant's background includes a history of
extreme emotional or physical abuse;
(7) the defendant suffers from a reduced mental
capacity.
Provided, however, that an action that does not otherwise
mitigate first degree murder cannot qualify as a mitigating
factor for first degree murder because of the discovery,
knowledge, or disclosure of the victim's sexual orientation as
defined in Section 1-103 of the Illinois Human Rights Act.
(d) Separate sentencing hearing.

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Where requested by the State, the court shall conduct a
separate sentencing proceeding to determine the existence of
factors set forth in subsection (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
A. the defendant was convicted upon a plea of
guilty; or
B. the defendant was convicted after a trial
before the court sitting without a jury; or
C. the court for good cause shown discharges the
jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives a
jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of
the factors set forth in subsection (b) may be presented by
either the State or the defendant under the rules governing
the admission of evidence at criminal trials. Any information
relevant to any additional aggravating factors or any
mitigating factors indicated in subsection (c) may be
presented by the State or defendant regardless of its
admissibility under the rules governing the admission of

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evidence at criminal trials. The State and the defendant shall
be given fair opportunity to rebut any information received at
the hearing.
(f) Proof.
The burden of proof of establishing the existence of any
of the factors set forth in subsection (b) is on the State and
shall not be satisfied unless established beyond a reasonable
doubt.
(g) Procedure - Jury.
If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (b) exists,
the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury that
one or more of the factors set forth in subsection (b) exist,
the jury shall consider aggravating and mitigating factors as
instructed by the court and shall determine whether the
sentence of death shall be imposed. If the jury determines
unanimously, after weighing the factors in aggravation and
mitigation, that death is the appropriate sentence, the court
shall sentence the defendant to death. If the court does not
concur with the jury determination that death is the
appropriate sentence, the court shall set forth reasons in
writing including what facts or circumstances the court relied
upon, along with any relevant documents, that compelled the
court to non-concur with the sentence. This document and any

HB4499 - 343 - LRB102 21455 LNS 30572 b
attachments shall be part of the record for appellate review.
The court shall be bound by the jury's sentencing
determination.
If after weighing the factors in aggravation and
mitigation, one or more jurors determines that death is not
the appropriate sentence, the court shall sentence the
defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections.
(h) Procedure - No Jury.
In a proceeding before the court alone, if the court finds
that none of the factors found in subsection (b) exists, the
court shall sentence the defendant to a term of imprisonment
under Chapter V of the Unified Code of Corrections.
If the Court determines that one or more of the factors set
forth in subsection (b) exists, the Court shall consider any
aggravating and mitigating factors as indicated in subsection
(c). If the Court determines, after weighing the factors in
aggravation and mitigation, that death is the appropriate
sentence, the Court shall sentence the defendant to death.
If the court finds that death is not the appropriate
sentence, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
(h-5) Decertification as a capital case.
In a case in which the defendant has been found guilty of
first degree murder by a judge or jury, or a case on remand for

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

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sentence is fundamentally unjust as applied to the particular
case, independent of any procedural grounds for relief, the
Illinois Supreme Court shall issue a written opinion
explaining this finding.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held to
be unconstitutional by the Supreme Court of the United States
or of the State of Illinois, any person convicted of first
degree murder shall be sentenced by the court to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
In the event that any death sentence pursuant to the
sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over a
person previously sentenced to death shall cause the defendant
to be brought before the court, and the court shall sentence
the defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections.
(k) Guidelines for seeking the death penalty.
The Attorney General and State's Attorneys Association
shall consult on voluntary guidelines for procedures governing
whether or not to seek the death penalty. The guidelines do not
have the force of law and are only advisory in nature.
(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652.)

HB4499 - 346 - LRB102 21455 LNS 30572 b
(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
Sec. 33-3. Official misconduct.
(a) A public officer or employee or special government
agent commits misconduct when, in his official capacity or
capacity as a special government agent, he or she commits any
of the following acts:
(1) Intentionally or recklessly fails to perform any
mandatory duty as required by law; or
(2) Knowingly performs an act which he knows he is
forbidden by law to perform; or
(3) With intent to obtain a personal advantage for
himself or another, he performs an act in excess of his
lawful authority; or
(4) Solicits or knowingly accepts for the performance
of any act a fee or reward which he knows is not authorized
by law.
(b) An employee of a law enforcement agency commits
misconduct when he or she knowingly uses or communicates,
directly or indirectly, information acquired in the course of
employment, with the intent to obstruct, impede, or prevent
the investigation, apprehension, or prosecution of any
criminal offense or person. Nothing in this subsection (b)
shall be construed to impose liability for communicating to a
confidential resource, who is participating or aiding law
enforcement, in an ongoing investigation.

HB4499 - 347 - LRB102 21455 LNS 30572 b
(c) A public officer or employee or special government
agent convicted of violating any provision of this Section
forfeits his or her office or employment or position as a
special government agent. In addition, he or she commits a
Class 3 felony.
(d) For purposes of this Section:
"Special , "special government agent" has the meaning
ascribed to it in subsection (l) of Section 4A-101 of the
Illinois Governmental Ethics Act.
(Source: P.A. 98-867, eff. 1-1-15; 101-652.)
(720 ILCS 5/7-15 rep.)
(720 ILCS 5/7-16 rep.)
(720 ILCS 5/33-9 rep.)
Section 215. The Criminal Code of 2012 is amended by
repealing Sections 7-15, 7-16, and 33-9.
Section 220. 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)

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Sec. 102-6. Pretrial release "Bail".
"Pretrial release" "Bail" has the meaning ascribed to bail
in Section 9 of Article I of the Illinois Constitution that is
non-monetary means the amount of money set by the court which
is required to be obligated and secured as provided by law for
the release of a person in custody in order that he will appear
before the court in which his appearance may be required and
that he will comply with such conditions as set forth in the
bail bond.
(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

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fitness ordered pursuant to Section 104-13 of this Act, by a
fitness hearing, by an adjudication of unfitness to stand
trial, by a continuance allowed pursuant to Section 114-4 of
this Act after a court's determination of the defendant's
physical incapacity for trial, or by an interlocutory appeal.
Delay shall be considered to be agreed to by the defendant
unless he or she objects to the delay by making a written
demand for trial or an oral demand for trial on the record. The
provisions of this subsection (a) do not apply to a person on
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

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defendant's failure to appear for any court date set by the
court operates to waive the defendant's demand for trial made
under this subsection.
For purposes of computing the 160 day period under this
subsection (b), every person who was in custody for an alleged
offense and demanded trial and is subsequently released on
pretrial release bail or recognizance and demands trial, shall
be given credit for time spent in custody following the making
of the demand while in custody. Any demand for trial made under
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

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(a), (b) and (c) of this Section shall be discharged from
custody or released from the obligations of his pretrial
release bail or recognizance.
(e) If a person is simultaneously in custody upon more
than one charge pending against him in the same county, or
simultaneously demands trial upon more than one charge pending
against him in the same county, he shall be tried, or adjudged
guilty after waiver of trial, upon at least one such charge
before expiration relative to any of such pending charges of
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

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hearing, by an adjudication of unfitness for trial, by a
continuance allowed pursuant to Section 114-4 of this Act
after a court's determination of the defendant's physical
incapacity for trial, or by an interlocutory appeal; provided,
however, that if the court determines that the State has
exercised without success due diligence to obtain evidence
material to the case and that there are reasonable grounds to
believe that such evidence may be obtained at a later day the
court may continue the cause on application of the State for
not more 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)

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Sec. 103-7. Posting notice of rights.
Every sheriff, chief of police or other person who is in
charge of any jail, police station or other building where
persons under arrest are held in custody pending
investigation, pretrial release bail or other criminal
proceedings, shall post in every room, other than cells, of
such buildings where persons are held in custody, in
conspicuous places where it may be seen and read by persons in
custody and others, a poster, printed in large type,
containing a verbatim copy in the 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

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State who is allegedly in violation of a bail bond posted in
some other state or conditions of pretrial release. The return
of any such person to another state may be accomplished only as
provided by the laws of this State. Any bail bondsman who
violates this Section is fully subject to the criminal and
civil penalties provided by the laws of this State for his
actions.
(Source: P.A. 84-694; 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

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custody, the examination shall take place at such location as
the court directs. No examinations under this Section shall be
ordered to take place at mental health or developmental
disabilities facilities operated by the Department of Human
Services. If the defendant fails to keep appointments without
reasonable cause or if the person conducting the examination
reports to the court that diagnosis requires hospitalization
or extended observation, the court may order the defendant
admitted to an appropriate facility for an examination, other
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)

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Sec. 104-17. Commitment for treatment; treatment plan.
(a) If the defendant is eligible to be or has been released
on pretrial release bail or on his own recognizance, the court
shall select the least physically restrictive form of
treatment therapeutically appropriate and consistent with the
treatment plan. The placement may be ordered either on an
inpatient or an outpatient basis.
(b) If the defendant's disability is mental, the court may
order him placed for treatment in the custody of the
Department 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

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Human Services determines that the defendant is currently fit
to stand trial, it shall immediately notify the court and
shall submit a written report within 7 days. In that
circumstance the placement shall be held pending a court
hearing on the Department's report. Otherwise, upon completion
of the placement process, the sheriff shall be notified and
shall transport the defendant to the designated facility. If,
within 20 days of the transmittal by the clerk of the circuit
court of the placement court order, the Department fails to
notify the 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

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of the evaluation, information on bed and placement
availability, and an estimated date of admission for the
defendant and any changes to that estimated date of admission.
If the Department notifies the sheriff during the 2 business
day period of a facility operated by the Department with
placement availability, the sheriff shall promptly transport
the defendant to that facility. The placement may be ordered
either on an inpatient or an outpatient basis.
(c) If the defendant's disability is physical, the court
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

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was committed;
(3) the county and municipality in which the arrest
took place;
(4) a copy of the arrest report, criminal charges,
arrest record; and
(5) all additional matters which the Court directs the
clerk to transmit.
(e) Within 30 days of entry of an order to undergo
treatment, the person supervising the defendant's treatment
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

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for attainment of the goals;
(3) An identification of the person in charge of
supervising the defendant's treatment.
(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18;
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;

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

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or to require that any governmental entity, or place of
custody or confinement, provide two-way audio-visual
communication.
(Source: P.A. 102-486, eff. 8-20-21.)
(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

HB4499 - 363 - LRB102 21455 LNS 30572 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

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custody or confinement, provide two-way audio-visual
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

HB4499 - 365 - LRB102 21455 LNS 30572 b
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
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

HB4499 - 366 - LRB102 21455 LNS 30572 b
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 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

HB4499 - 367 - LRB102 21455 LNS 30572 b
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
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

HB4499 - 368 - LRB102 21455 LNS 30572 b
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.
(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)

HB4499 - 369 - LRB102 21455 LNS 30572 b
Sec. 107-9. Issuance of arrest warrant upon complaint.
(a) When a complaint is presented to a court charging that
an offense has been committed it shall examine upon oath or
affirmation the complainant or any witnesses.
(b) The complaint shall be in writing and shall:
(1) State the name of the accused if known, and if not
known the accused may be designated by any name or
description by which he can be identified with reasonable
certainty;
(2) State the offense with which the accused is
charged;
(3) State the time and place of the offense as
definitely as can be done by the complainant; and
(4) Be subscribed and sworn to by the complainant.
(b-5) If an arrest warrant is sought and the request is
made by electronic means that has a simultaneous video and
audio transmission between the requester and a judge, the
judge may issue an arrest warrant based upon a sworn complaint
or sworn testimony communicated in the transmission.
(c) A warrant shall be issued by the court for the arrest
of the person complained against if it appears from the
contents of the complaint and the examination of the
complainant or other witnesses, if any, that the person
against whom the complaint was made has committed an offense.
(d) The warrant of arrest shall:
(1) Be in writing;

HB4499 - 370 - LRB102 21455 LNS 30572 b
(2) Specify the name, sex and birth date of the person
to be arrested or if his name, sex or birth date is
unknown, shall designate such person by any name or
description by which he can be identified with reasonable
certainty;
(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality or
county where issued;
(5) Be signed by the judge of the court with the title
of his office;
(6) Command that the person against whom the complaint
was made be arrested and brought before the court issuing
the warrant or if he is absent or unable to act before the
nearest or most accessible court in the same county;
(7) Specify the 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

HB4499 - 371 - LRB102 21455 LNS 30572 b
electromagnetically by use of electronic mail or a facsimile
transmission machine and any arrest warrant shall have the
same validity as a written warrant.
(Source: P.A. 101-239, eff. 1-1-20; 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

HB4499 - 372 - LRB102 21455 LNS 30572 b
offenses, or of petty and business offenses, who pose no
obvious threat to the community or any person, or who have no
obvious medical or mental health issues that pose a risk to
their own safety. Those released on citation shall be
scheduled 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

HB4499 - 373 - LRB102 21455 LNS 30572 b
licensed attorney at law of this State to represent him in
accordance with the provisions of Section 113-3 of this
Code;
(3) schedule Schedule a preliminary hearing in
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.

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(d) At the initial appearance of a defendant in any
criminal proceeding, the court must advise the defendant in
open court that any foreign national who is arrested or
detained has the right to have notice of the arrest or
detention given to his or her country's consular
representatives and the right to communicate with those
consular representatives if the notice has not already been
provided. The court must make a written record of so advising
the defendant.
(e) If consular notification is not provided to a
defendant before his or her first appearance in court, the
court shall grant any reasonable request for a continuance of
the proceedings to allow contact with the defendant's
consulate. Any delay caused by the granting of the request by a
defendant shall temporarily suspend for the time of the delay
the period within which a person shall be tried as prescribed
by subsections (a), (b), or (e) of Section 103-5 of this Code
and on the day of the expiration of delay the period shall
continue at the point at which it was suspended.
(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

HB4499 - 375 - LRB102 21455 LNS 30572 b
confer with Defendant prior to any hearing in which conditions
of release or the detention of the Defendant is to be
considered, with a physical accommodation made to facilitate
attorney/client consultation.
(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,
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

HB4499 - 376 - LRB102 21455 LNS 30572 b
warrant for his arrest was issued, may waive the right to be
taken before a judge in the county where the arrest was made.
If a person so arrested waives such right, the arresting
agency shall surrender such person to a law enforcement agency
of the county that issued the warrant without unnecessary
delay. The provisions of Section 109-1 shall then apply to the
person so arrested.
(c) If a 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

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there is not probable cause to believe the defendant guilty of
any offense the judge shall discharge him.
(c) During the examination of any witness or when the
defendant is making a statement or testifying the judge may
and on the request of the defendant or State shall exclude all
other witnesses. He may also cause the witnesses to be kept
separate and to be prevented from communicating with each
other until all are examined.
(d) If the defendant is held to answer the judge may
require any material witness for the State or defendant to
enter into a written undertaking to appear at the trial, and
may provide for the forfeiture of a sum certain in the event
the witness does not appear at the trial. Any witness who
refuses to execute a recognizance may be committed by the
judge to the custody of the sheriff until trial or further
order of the court having jurisdiction of the cause. Any
witness who executes a recognizance and fails to comply with
its terms shall, in addition to any forfeiture provided in the
recognizance, be subject to the penalty provided in Section
32-10 of the Criminal Code of 2012 for violation of 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.

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(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
(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;

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or
(4) when a competency hearing is held; or
(5) when an adjudication of incompetency for trial has
been made; or
(6) when the case has been continued by the court under
Section 114-4 of this Code after a determination that the
defendant is physically incompetent to stand trial.
(c) Delay occasioned by the defendant shall temporarily
suspend, for the time of the delay, the period within which the
preliminary examination must be held. On the day of expiration
of the delay the period in question shall continue at the point
at which it was suspended.
(Source: P.A. 83-644; 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,

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without conditional and revocable release, shall be imposed by
law as a consequence of conviction" means an offense for which
a sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, is required by law upon
conviction.
(d) (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

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

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

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The State may appeal any order permitting release by
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

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

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(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
Sec. 110-4. Pretrial release Bailable Offenses.
(a) All persons charged with an offense shall be eligible
for pretrial release before conviction. Pretrial release may
only be denied when a person is charged with an offense listed
in Section 110-6.1 or when the defendant has a high likelihood
of willful flight, and after the court has held a hearing under
Section 110-6.1. All persons shall be bailable before
conviction, except the following offenses where the proof is
evident or the presumption great that the defendant is guilty
of the offense: capital offenses; offenses for which a
sentence of life imprisonment may be imposed as a consequence
of conviction; felony offenses for which a sentence of
imprisonment, without conditional and revocable release, shall
be imposed by law as a consequence of conviction, where the
court after a hearing, determines that the release of the
defendant would pose a real and present threat to the physical
safety of any person or persons; stalking or aggravated
stalking, where the court, after a hearing, determines that
the release of the defendant would pose a real and present
threat to the physical safety of the alleged victim of the
offense and denial of bail is necessary to prevent fulfillment
of the threat upon which the charge is based; or unlawful use
of 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

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

HB4499 - 387 - LRB102 21455 LNS 30572 b
(d) When it is alleged that pretrial bail should be denied
to a person charged with stalking or aggravated stalking upon
the grounds set forth in Section 110-6.3 of this Code, the
burden of proof of those allegations shall be upon the State.
(Source: P.A. 97-1150, eff. 1-25-13; 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

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

HB4499 - 389 - LRB102 21455 LNS 30572 b
will extradite to the United States its national for a trial
for a crime allegedly committed in the United States, whether
the defendant is currently subject to deportation or exclusion
under the immigration laws of the United States, whether the
defendant, although a United States citizen, is considered
under the law of any foreign state a national of that state for
the purposes of extradition or non-extradition to the United
States, the amount of unrecovered proceeds lost as a result of
the alleged offense, the source of bail funds tendered or
sought to be tendered for bail, whether from the totality of
the court's consideration, the loss of funds posted or sought
to be posted for bail will not deter the defendant from flight,
whether the evidence shows that the defendant is engaged in
significant possession, manufacture, or delivery of a
controlled substance or cannabis, either individually or in
consort with others, whether at the time of the offense
charged he or she was on bond or pre-trial release pending
trial, probation, periodic imprisonment or conditional
discharge pursuant to this Code or the comparable Code of any
other state or federal jurisdiction, whether the defendant is
on bond or pre-trial release pending the imposition or
execution of sentence or appeal of sentence for any offense
under the laws of Illinois or any other state or federal
jurisdiction, whether the defendant is under parole, aftercare
release, mandatory supervised release, or work release from
the Illinois Department of Corrections or Illinois Department

HB4499 - 390 - LRB102 21455 LNS 30572 b
of Juvenile Justice or any penal institution or corrections
department of any state or federal jurisdiction, the
defendant's record of convictions, whether the defendant has
been convicted of a misdemeanor or ordinance offense in
Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant
was convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been
convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a penitentiary
sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance
or failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid
arrest, whether the defendant refused to identify himself or
herself, or whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the
court in its findings or stated in or offered in connection
with this Section may be by way of proffer based upon reliable
information offered by the State or defendant. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence

HB4499 - 391 - LRB102 21455 LNS 30572 b
applicable at criminal trials. If the State presents evidence
that the offense committed by the defendant was related to or
in furtherance of the criminal activities of an organized gang
or was motivated by the defendant's membership in or
allegiance to an organized gang, and if the court determines
that the evidence may be substantiated, the court shall
prohibit the defendant from associating with other members of
the organized gang as a condition of bail or release. For the
purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(a-5) There shall be a presumption that any conditions of
release imposed shall be non-monetary in nature and the court
shall impose the least restrictive conditions or combination
of conditions necessary to reasonably assure the appearance of
the defendant for further court proceedings and protect the
integrity of the judicial proceedings from a specific threat
to a witness or participant. Conditions of release may
include, but not be limited to, electronic home monitoring,
curfews, drug counseling, stay-away orders, and in-person
reporting. The court shall consider the defendant's
socio-economic circumstance when setting conditions of release
or imposing monetary bail.
(b) The amount of bail shall be:
(1) Sufficient to assure compliance with the
conditions set forth in the bail bond, which shall include

HB4499 - 392 - LRB102 21455 LNS 30572 b
the defendant's current address with a written
admonishment to the defendant that he or she must comply
with the provisions of Section 110-12 regarding any change
in his or her address. The defendant's address shall at
all times remain a matter of public record with the clerk
of the court.
(2) Not oppressive.
(3) Considerate of the financial ability of the
accused.
(4) When a person is charged with a drug related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as
defined in the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act, the full street value of the
drugs seized shall be considered. "Street value" shall be
determined by the court on the basis of a proffer by the
State based upon reliable information of a law enforcement
official contained in a written report as to the amount
seized and such proffer may be used by the court as to the
current street value of the smallest unit of the drug
seized.
(b-5) Upon the filing of a written request demonstrating
reasonable cause, the State's Attorney may request a source of
bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the

HB4499 - 393 - LRB102 21455 LNS 30572 b
accused must file a written notice requesting that the court
conduct a source of bail hearing. The notice must be
accompanied by justifying affidavits stating the legitimate
and lawful source of funds for bail. At the hearing, the court
shall inquire into any matters stated in any justifying
affidavits, and may also inquire into matters appropriate to
the determination which shall include, but are not limited to,
the following:
(1) the background, character, reputation, and
relationship to the accused of any surety; and
(2) the source of any money or property deposited by
any surety, and whether any such money or property
constitutes the fruits of criminal or unlawful conduct;
and
(3) the source of any money posted as cash bail, and
whether any such money constitutes the fruits of criminal
or unlawful conduct; and
(4) the background, character, reputation, and
relationship to the accused of the person posting cash
bail.
Upon setting the hearing, the court shall examine, under
oath, any persons who may possess material information.
The State's Attorney has a right to attend the hearing, to
call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney,
continue the proceedings for a reasonable period to allow the

HB4499 - 394 - LRB102 21455 LNS 30572 b
State's Attorney to investigate the matter raised in any
testimony or affidavit. If the hearing is granted after the
accused has posted bail, the court shall conduct a hearing
consistent with this subsection (b-5). At the conclusion of
the hearing, the court must issue an order either approving or
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

HB4499 - 395 - LRB102 21455 LNS 30572 b
or abuse, as defined in the Illinois Domestic Violence Act
of 1986;
(2) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence
Act, or a history of other criminal acts;
(3) based on the mental health of the person;
(4) whether the person has a history of violating the
orders of any court or governmental entity;
(5) whether the person has been, or is, potentially a
threat to any other person;
(6) whether the person has access to deadly weapons or
a history of using deadly weapons;
(7) whether the person has a history of abusing
alcohol or any controlled substance;
(8) based on the severity of the alleged incident that
is the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a weapon,
physical injury, sexual assault, strangulation, abuse
during the alleged victim's pregnancy, abuse of pets, or
forcible entry to gain access to the alleged victim;
(9) whether a separation of the person from the
alleged victim or a termination of the relationship
between the person and the alleged victim has recently
occurred or is pending;
(10) whether the person has exhibited obsessive or

HB4499 - 396 - LRB102 21455 LNS 30572 b
controlling behaviors toward the alleged victim,
including, but not limited to, stalking, surveillance, or
isolation of the alleged victim or victim's family member
or members;
(11) whether the person has expressed suicidal or
homicidal ideations;
(12) based on any information contained in the
complaint and any police reports, affidavits, or other
documents accompanying the complaint,
the court may, in its discretion, order the respondent to
undergo a risk assessment evaluation using a recognized,
evidence-based instrument conducted by an Illinois Department
of Human Services approved partner abuse intervention program
provider, pretrial service, probation, or parole agency. These
agencies shall have access to summaries of the defendant's
criminal history, which shall not include victim interviews or
information, for the risk evaluation. Based on the information
collected from the 12 points to be considered at a bail hearing
under this subsection (f), the results of any risk evaluation
conducted and the other circumstances of the violation, the
court may order that the person, as a condition of bail, be
placed under electronic surveillance as provided in Section
5-8A-7 of the Unified Code of Corrections. Upon making a
determination whether or not to order the respondent to
undergo a risk assessment evaluation or to be placed under
electronic surveillance and risk assessment, the court shall

HB4499 - 397 - LRB102 21455 LNS 30572 b
document in the record the court's reasons for making those
determinations. The cost of the electronic surveillance and
risk assessment shall be paid by, or on behalf, of the
defendant. As used in this subsection (f), "intimate partner"
means a spouse or a current or former partner in a cohabitation
or dating relationship.
(Source: P.A. 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:

HB4499 - 398 - LRB102 21455 LNS 30572 b
(A) the eligible defendant's character, physical
and mental condition, family ties, employment,
financial resources, length of residence in the
community, community ties, past relating to drug or
alcohol abuse, conduct, history criminal history, and
record concerning appearance at court proceedings; and
(B) whether, at the time of the current offense or
arrest, the eligible defendant was on probation,
parole, or on other release pending trial, sentencing,
appeal, or completion of sentence for an offense under
federal law, or the law of this or any other state;
(4) the nature and seriousness of the specific, real
and present threat to any person that would be posed by the
eligible defendant's release, if applicable; as required
under paragraph (7.5) of Section 4 of the Rights of Crime
Victims and Witnesses Act; and
(5) the nature and seriousness of the risk of
obstructing or attempting to obstruct the criminal justice
process that would be posed by the eligible defendant's
release, if applicable.
(b) The court shall impose any conditions that are
mandatory under Section 110-10. The court may impose any
conditions that are permissible under Section 110-10. , whether
the evidence shows that as part of the offense there was a use
of violence or threatened use of violence, whether the offense
involved corruption of public officials or employees, whether

HB4499 - 399 - LRB102 21455 LNS 30572 b
there was physical harm or threats of physical harm to any
public official, public employee, judge, prosecutor, juror or
witness, senior citizen, child, or person with a disability,
whether evidence shows that during the offense or during the
arrest the defendant possessed or used a firearm, machine gun,
explosive or metal piercing ammunition or explosive bomb
device or any military or paramilitary armament, whether the
evidence shows that the offense committed was related to or in
furtherance of the criminal activities of an organized gang or
was motivated by the defendant's membership in or allegiance
to an organized gang, the condition of the victim, any written
statement submitted by the victim or proffer or representation
by the State regarding the impact which the alleged criminal
conduct has had on the victim and the victim's concern, if any,
with further contact with the defendant if released on bail,
whether the offense was based on racial, religious, sexual
orientation or ethnic hatred, the likelihood of the filing of
a greater charge, the likelihood of conviction, the sentence
applicable upon conviction, the weight of the evidence against
such defendant, whether there exists motivation or ability to
flee, whether there is any verification as to prior residence,
education, or family ties in the local jurisdiction, in
another county, state or foreign country, the defendant's
employment, financial resources, character and mental
condition, past conduct, prior use of alias names or dates of
birth, and length of residence in the community, the consent

HB4499 - 400 - LRB102 21455 LNS 30572 b
of the defendant to periodic drug testing in accordance with
Section 110-6.5, whether a foreign national defendant is
lawfully admitted in the United States of America, whether the
government of the foreign national maintains an extradition
treaty with the United States by which the foreign government
will extradite to the United States its national for a trial
for a crime allegedly committed in the United States, whether
the defendant is currently subject to deportation or exclusion
under the immigration laws of the United States, whether the
defendant, although a United States citizen, is considered
under the law of any foreign state a national of that state for
the purposes of extradition or non-extradition to the United
States, the amount of unrecovered proceeds lost as a result of
the alleged offense, the source of bail funds tendered or
sought to be tendered for bail, whether from the totality of
the court's consideration, the loss of funds posted or sought
to be posted for bail will not deter the defendant from flight,
whether the evidence shows that the defendant is engaged in
significant possession, manufacture, or delivery of a
controlled substance or cannabis, either individually or in
consort with others, whether at the time of the offense
charged he or she was on bond or pre-trial release pending
trial, probation, periodic imprisonment or conditional
discharge pursuant to this Code or the comparable Code of any
other state or federal jurisdiction, whether the defendant is
on bond or pre-trial release pending the imposition or

HB4499 - 401 - LRB102 21455 LNS 30572 b
execution of sentence or appeal of sentence for any offense
under the laws of Illinois or any other state or federal
jurisdiction, whether the defendant is under parole, aftercare
release, mandatory supervised release, or work release from
the Illinois Department of Corrections or Illinois Department
of Juvenile Justice or any penal institution or corrections
department of any state or federal jurisdiction, the
defendant's record of convictions, whether the defendant has
been convicted of a misdemeanor or ordinance offense in
Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant
was convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been
convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a penitentiary
sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance
or failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid
arrest, whether the defendant refused to identify himself or
herself, or whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the

HB4499 - 402 - LRB102 21455 LNS 30572 b
court in its findings or stated in or offered in connection
with this Section may be by way of proffer based upon reliable
information offered by the State or defendant. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence
applicable at criminal trials. If the State presents evidence
that the offense committed by the defendant was related to or
in furtherance of the criminal activities of an organized gang
or was motivated by the defendant's membership in or
allegiance to an organized gang, and if the court determines
that the evidence may be substantiated, the court shall
prohibit the defendant from associating with other members of
the organized gang as a condition of bail or release. For the
purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(a-5) There shall be a presumption that any conditions of
release imposed shall be non-monetary in nature and the court
shall impose the least restrictive conditions or combination
of conditions necessary to reasonably assure the appearance of
the defendant for further court proceedings and protect the
integrity of the judicial proceedings from a specific threat
to a witness or participant. Conditions of release may
include, but not be limited to, electronic home monitoring,
curfews, drug counseling, stay-away orders, and in-person
reporting. The court shall consider the defendant's

HB4499 - 403 - LRB102 21455 LNS 30572 b
socio-economic circumstance when setting conditions of release
or imposing monetary bail.
(b) The amount of bail shall be:
(1) Sufficient to assure compliance with the
conditions set forth in the bail bond, which shall include
the defendant's current address with a written
admonishment to the defendant that he or she must comply
with the provisions of Section 110-12 regarding any change
in his or her address. The defendant's address shall at
all times remain a matter of public record with the clerk
of the court.
(2) Not oppressive.
(3) Considerate of the financial ability of the
accused.
(4) When a person is charged with a drug related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as
defined in the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act, the full street value of the
drugs seized shall be considered. "Street value" shall be
determined by the court on the basis of a proffer by the
State based upon reliable information of a law enforcement
official contained in a written report as to the amount
seized and such proffer may be used by the court as to the
current street value of the smallest unit of the drug

HB4499 - 404 - LRB102 21455 LNS 30572 b
seized.
(b-5) Upon the filing of a written request demonstrating
reasonable cause, the State's Attorney may request a source of
bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the
accused must file a written notice requesting that the court
conduct a source of bail hearing. The notice must be
accompanied by justifying affidavits stating the legitimate
and lawful source of funds for bail. At the hearing, the court
shall inquire into any matters stated in any justifying
affidavits, and may also inquire into matters appropriate to
the determination which shall include, but are not limited to,
the following:
(1) the background, character, reputation, and
relationship to the accused of any surety; and
(2) the source of any money or property deposited by
any surety, and whether any such money or property
constitutes the fruits of criminal or unlawful conduct;
and
(3) the source of any money posted as cash bail, and
whether any such money constitutes the fruits of criminal
or unlawful conduct; and
(4) the background, character, reputation, and
relationship to the accused of the person posting cash
bail.
Upon setting the hearing, the court shall examine, under

HB4499 - 405 - LRB102 21455 LNS 30572 b
oath, any persons who may possess material information.
The State's Attorney has a right to attend the hearing, to
call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney,
continue the proceedings for a reasonable period to allow the
State's Attorney to investigate the matter raised in any
testimony or affidavit. If the hearing is granted after the
accused has posted bail, the court shall conduct a hearing
consistent with this subsection (b-5). At the conclusion of
the hearing, the court must issue an order either approving 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

HB4499 - 406 - LRB102 21455 LNS 30572 b
electronic communications, or an attempt to commit first
degree murder committed against an intimate partner regardless
whether an order of protection has been issued against the
person,
(1) whether the alleged incident involved harassment
or abuse, as defined in the Illinois Domestic Violence Act
of 1986;
(2) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence
Act, or a history of other criminal acts;
(3) based on the mental health of the person;
(4) whether the person has a history of violating the
orders of any court or governmental entity;
(5) whether the person has been, or is, potentially a
threat to any other person;
(6) whether the person has access to deadly weapons or
a history of using deadly weapons;
(7) whether the person has a history of abusing
alcohol or any controlled substance;
(8) based on the severity of the alleged incident that
is the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a weapon,
physical injury, sexual assault, strangulation, abuse
during the alleged victim's pregnancy, abuse of pets, or
forcible entry to gain access to the alleged victim;

HB4499 - 407 - LRB102 21455 LNS 30572 b
(9) whether a separation of the person from the victim
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

HB4499 - 408 - LRB102 21455 LNS 30572 b
collected from the 12 points to be considered at a bail hearing
under this subsection (f), the results of any risk evaluation
conducted and the other circumstances of the violation, the
court may order that the person, as a condition of bail, be
placed under electronic surveillance as provided in Section
5-8A-7 of the Unified Code of Corrections. Upon making a
determination whether or not to order the respondent to
undergo a risk assessment evaluation or to be placed under
electronic surveillance and risk assessment, the court shall
document in the record the court's reasons for making those
determinations. The cost of the electronic surveillance and
risk assessment shall be paid by, or on behalf, of the
defendant. As used in this subsection (f), "intimate partner"
means a spouse or a current or former partner in a cohabitation
or dating relationship.
(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

HB4499 - 409 - LRB102 21455 LNS 30572 b
indicate a violent, abusive, or assaultive nature, or lack
of any such history.
(3) The nature of the threat which is the basis of the
charge against the defendant;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
allegedly assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;
(7) Any other factors deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of that behavior.
(d) 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.

HB4499 - 410 - LRB102 21455 LNS 30572 b
(e) If a person remains in pretrial detention after his or
her pretrial conditions hearing after having been ordered
released with pretrial conditions, the court shall hold a
hearing to determine the reason for continued detention. If
the reason for continued detention is due to the
unavailability or the defendant's ineligibility for one or
more pretrial conditions previously ordered by the court or
directed by a pretrial services agency, the court shall reopen
the conditions of release hearing to determine what available
pretrial conditions exist that will reasonably 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

HB4499 - 411 - LRB102 21455 LNS 30572 b
ensure the appearance of the defendant for later hearings or
protect an identifiable person or persons from imminent threat
of serious physical harm.
(h) If the court imposes electronic monitoring, GPS
monitoring, or home confinement the court shall set forth in
the record the basis for its finding. A defendant shall be
given custodial credit for each day he or she was subjected to
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.)

HB4499 - 412 - LRB102 21455 LNS 30572 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

HB4499 - 413 - LRB102 21455 LNS 30572 b
interest of the detainee and the public.
(d) This Section shall be applicable to a pregnant
pre-trial detainee in custody on or after the effective date
of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-630, eff. 1-1-19; 101-652.)
(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.

HB4499 - 414 - LRB102 21455 LNS 30572 b
(1) When the defendant is charged with a felony or
class A misdemeanor offense and while free on pretrial
release bail is charged with a subsequent felony or class
A misdemeanor offense that is alleged to have occurred
during the defendant's pretrial release, the state may
file a verified petition for revocation of pretrial
release.
(2) When a defendant on pretrial release is charged
with a violation of an order of protection issued under
Section 112A-14 of this Code, or Section 214 of the
Illinois Domestic Violence Act of 1986 or previously was
convicted of a violation of an order of protection under
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, and the subject of the order of
protection is the same person as the victim in the
underlying matter, the state shall file a verified
petition for revocation of pretrial release.
(3) Upon the filing of this petition, the court shall
order the transfer of the defendant and the application to
the court before which the previous felony matter is
pending. The defendant shall be held without bond pending
transfer to and a hearing before such court. The defendant
shall be transferred to the court before which the
previous matter is pending without unnecessary delay. In
no event shall the time between the filing of the state's
petition for revocation and the defendant's appearance

HB4499 - 415 - LRB102 21455 LNS 30572 b
before the court before which the previous matter is
pending exceed 72 hours.
(4) The court before which the previous felony matter
is pending may revoke the defendant's pretrial release
only if it finds, after considering all relevant
circumstances including, but not limited to, the nature
and seriousness of the violation or criminal act alleged,
by the court finds clear and convincing evidence that no
condition or combination of conditions of release would
reasonably assure the appearance of the defendant for
later hearings or prevent the defendant from being charged
with a subsequent felony or class A misdemeanor.
(5) In lieu of revocation, the court may release the
defendant pre-trial, with or without modification of
conditions of pretrial release.
(6) If the case that caused the revocation is
dismissed, the defendant is found not guilty in the case
causing the revocation, or the defendant completes a
lawfully imposed sentence on the case causing the
revocation, the court shall, without unnecessary delay,
hold a hearing on conditions of 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.

HB4499 - 416 - LRB102 21455 LNS 30572 b
(c) Violations other than re-arrest for a felony or class
A misdemeanor. If a defendant:
(1) fails to appear in court as required by their
conditions of release;
(2) is charged with a class B or C misdemeanor, petty
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;

HB4499 - 417 - LRB102 21455 LNS 30572 b
2. The defendant had actual knowledge that their
action would violate a court order;
3. The violation of the court order was willful; and
4. The violation was not caused by a lack of access to
financial monetary resources.
(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

HB4499 - 418 - LRB102 21455 LNS 30572 b
hearing as required in paragraph (1) of subsection (b) of
Section 4.5 of the Rights of Crime Victims and Witnesses
Act. If the subject of the condition of release is not
present, the court shall follow the procedures of
paragraph (10) of subsection (c-1) of the Rights of Crime
Victims and 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

HB4499 - 419 - LRB102 21455 LNS 30572 b
of law upon which such order is based.
(a-5) In addition to any other available motion or
procedure under this Code, a person in custody solely for a
Category B offense due to an inability to post monetary bail
shall be brought before the court at the next available court
date or 7 calendar days from the date bail was set, whichever
is earlier, for a rehearing on the amount or conditions of bail
or release pending further court proceedings. The court may
reconsider conditions of release for any other person whose
inability to post monetary bail is the sole reason for
continued incarceration, including a person in custody for a
Category A offense or a Category A offense and a Category B
offense. The court may deny the rehearing permitted under this
subsection (a-5) if the person has failed to appear as
required before the court and is incarcerated based on a
warrant for failure to appear on the same original criminal
offense.
(b) Violation of the conditions of Section 110-10 of this
Code or any special conditions of bail as ordered by the court
shall constitute grounds for the court to increase the amount
of bail, or otherwise alter the conditions of bail, or, where
the alleged offense committed on bail is a forcible felony in
Illinois or a Class 2 or greater offense under the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act, revoke
bail pursuant to the appropriate provisions of subsection (e)

HB4499 - 420 - LRB102 21455 LNS 30572 b
of this Section.
(c) Reasonable notice of such application by the defendant
shall be given to the State.
(d) Reasonable notice of such application by the State
shall be given to the defendant, except as provided in
subsection (e).
(e) Upon verified application by the State stating facts
or circumstances constituting a violation or a threatened
violation of any of the conditions of the bail bond the court
may issue a warrant commanding any peace officer to bring the
defendant without unnecessary delay before the court for a
hearing on the matters set forth in the application. If the
actual court before which the proceeding is pending is absent
or otherwise unavailable another court may issue a warrant
pursuant to this Section. When the defendant is charged with a
felony offense and while free on bail is charged with a
subsequent felony offense and is the subject of a proceeding
set forth in Section 109-1 or 109-3 of this Code, upon the
filing of a verified petition by the State alleging a
violation of Section 110-10 (a) (4) of this Code, the court
shall without prior notice to the defendant, grant leave to
file such application and shall order the transfer of the
defendant and the application without unnecessary delay to the
court before which the previous felony matter is pending for a
hearing as provided in subsection (b) or this subsection of
this Section. The defendant shall be held without bond pending

HB4499 - 421 - LRB102 21455 LNS 30572 b
transfer to and a hearing before such court. At the conclusion
of the hearing based on a violation of the conditions of
Section 110-10 of this Code or any special conditions of bail
as ordered by the court the court may enter an order increasing
the amount of bail or alter the conditions of bail as deemed
appropriate.
(f) Where the alleged violation consists of the violation
of one or more felony statutes of any jurisdiction which would
be a forcible felony in Illinois or a Class 2 or greater
offense under the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act and the defendant is on bail for the
alleged commission of a felony, or where the defendant is on
bail for a felony domestic battery (enhanced pursuant to
subsection (b) of Section 12-3.2 of the Criminal Code of 1961
or the Criminal Code of 2012), aggravated domestic battery,
aggravated battery, unlawful restraint, aggravated unlawful
restraint or domestic battery in violation of item (1) of
subsection (a) of Section 12-3.2 of the Criminal Code of 1961
or the Criminal Code of 2012 against a family or household
member as defined in Section 112A-3 of this Code and the
violation is an offense of domestic battery against the same
victim the court shall, on the motion of the State or its own
motion, revoke bail in accordance with the following
provisions:
(1) The court shall hold the defendant without bail

HB4499 - 422 - LRB102 21455 LNS 30572 b
pending the hearing on the alleged breach; however, if the
defendant is not admitted to bail the hearing shall be
commenced within 10 days from the date the defendant is
taken into custody or the defendant may not be held any
longer without bail, unless delay is occasioned by the
defendant. Where defendant occasions the delay, the
running of the 10 day period is temporarily suspended and
resumes at the termination of the period of delay. Where
defendant occasions the delay with 5 or fewer days
remaining in the 10 day period, the court may grant a
period of up to 5 additional days to the State for good
cause shown. The State, however, shall retain the right to
proceed to hearing on the alleged violation at any time,
upon reasonable notice to the defendant and the court.
(2) At a hearing on the alleged violation the State
has the burden of going forward and proving the violation
by clear and convincing evidence. The evidence shall be
presented in open court with the opportunity to testify,
to present witnesses in his behalf, and to cross-examine
witnesses if any are called by the State, and
representation by counsel and if the defendant is indigent
to have counsel appointed for him. The rules of evidence
applicable in criminal trials in this State shall not
govern the admissibility of evidence at such hearing.
Information used by the court in its findings or stated in
or offered in connection with hearings for increase or

HB4499 - 423 - LRB102 21455 LNS 30572 b
revocation of bail may be by way of proffer based upon
reliable information offered by the State or defendant.
All evidence shall be admissible if it is relevant and
reliable regardless of whether it would be admissible
under the rules of evidence applicable at criminal trials.
A motion by the defendant to suppress evidence or to
suppress a confession shall not be entertained at such a
hearing. Evidence that proof may have been obtained as a
result of an unlawful search and seizure or through
improper interrogation is not relevant to this hearing.
(3) Upon a finding by the court that the State has
established by clear and convincing evidence that the
defendant has committed a forcible felony or a Class 2 or
greater offense under the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act while admitted to
bail, or where the defendant is on bail for a felony
domestic battery (enhanced pursuant to subsection (b) of
Section 12-3.2 of the Criminal Code of 1961 or the
Criminal Code of 2012), aggravated domestic battery,
aggravated battery, unlawful restraint, aggravated
unlawful restraint or domestic battery in violation of
item (1) of subsection (a) of Section 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against
a family or household member as defined in Section 112A-3
of this Code and the violation is an offense of domestic

HB4499 - 424 - LRB102 21455 LNS 30572 b
battery, against the same victim, the court shall revoke
the bail of the defendant and hold the defendant for trial
without bail. Neither the finding of the court nor any
transcript or other record of the hearing shall be
admissible in the State's case in chief, but shall be
admissible for impeachment, or as provided in Section
115-10.1 of this Code or in a perjury proceeding.
(4) If the bail of any defendant is revoked pursuant
to paragraph (f) (3) of this Section, the defendant may
demand and shall be entitled to be brought to trial on the
offense with respect to which he was formerly released on
bail within 90 days after the date on which his bail was
revoked. If the defendant is not brought to trial within
the 90 day period required by the preceding sentence, he
shall not be held longer without bail. In computing the 90
day period, the court shall omit any period of delay
resulting from a continuance granted at the request of the
defendant.
(5) If the defendant either is arrested on a warrant
issued pursuant to this Code or is arrested for an
unrelated offense and it is subsequently discovered that
the defendant is a subject of another warrant or warrants
issued pursuant to this Code, the defendant shall be
transferred promptly to the court which issued such
warrant. If, however, the defendant appears initially
before a court other than the court which issued such

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warrant, the non-issuing court shall not alter the amount
of bail set on such warrant unless the court sets forth on
the record of proceedings the conclusions of law and facts
which are the basis for such altering of another court's
bond. The non-issuing court shall not alter another courts
bail set on a warrant unless the interests of justice and
public safety are served by such action.
(g) The State may appeal any order where the court has
increased or reduced the amount of bail or altered the
conditions of the bail bond or granted bail where it has
previously been revoked.
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;
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

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community. admission to bail poses a real and present
threat to the physical safety of any person or persons ; .
(2) the defendant is charged with stalking or
aggravated stalking and it is alleged that the defendant's
pre-trial release poses a real and present threat to the
physical safety of a victim of the alleged offense, and
denial of release is necessary to prevent fulfillment of
the threat upon which the charge is based;
(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

HB4499 - 427 - LRB102 21455 LNS 30572 b
release poses a real and present threat to the physical
safety of any person or persons;
(4) the defendant is charged with domestic battery or
aggravated domestic battery under Section 12-3.2 or 12-3.3
of the Criminal Code of 2012 and it is alleged that the
defendant's pretrial release poses a real and present
threat to the physical safety of any person or persons;
(5) the defendant is charged with any offense under
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

HB4499 - 428 - LRB102 21455 LNS 30572 b
firearm);
(D) Section 24-1.7 (armed habitual criminal);
(E) Section 24-2.2 2 (manufacture, sale or
transfer of bullets or shells represented to be armor
piercing bullets, dragon's breath shotgun shells, bolo
shells or flechette shells);
(F) Section 24-3 (unlawful sale or delivery of
firearms);
(G) Section 24-3.3 (unlawful sale or delivery of
firearms on the premises of any school);
(H) Section 24-34 (unlawful sale of firearms by
liquor license);
(I) Section 24-3.5 {unlawful purchase of a
firearm);
(J) Section 24-3A (gunrunning); or
(K) Section on 24-3B (firearms trafficking );
(L) Section 10-9 (b) (involuntary servitude);
(M) Section 10-9 (c) (involuntary sexual servitude
of a minor);
(N) Section 10-9(d) (trafficking in persons);
(O) Non-probationable violations: (i) (unlawful
use or possession of weapons by felons or persons in
the Custody of the Department of Corrections
facilities (Section 24-1.1), (ii) aggravated unlawful
use of a weapon (Section 24-1.6, or (iii) aggravated
possession of a stolen firearm (Section 24-3.9);

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(7) the person has a high likelihood of willful flight
to avoid prosecution and is charged with:
(A) Any felony described in Sections (a)(1)
through (a)(5) of this Section; or
(B) A felony offense other than a Class 4 offense.
(b) If the charged offense is a felony, the Court shall
hold a hearing pursuant to 109-3 of this Code to
determine whether there is probable cause the
defendant has committed an offense, unless a grand
jury 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

HB4499 - 430 - LRB102 21455 LNS 30572 b
appearance if the defendant is charged with a Class X,
Class 1, Class 2, or Class 3 felony, and within 24 hours if
the defendant is charged with a Class 4 or misdemeanor
offense. The Court may deny and or grant the request for
continuance. If the court decides to grant the
continuance, the Court retains the discretion to detain or
release the defendant in the time between the filing of
the petition and the hearing.
(d) Contents of petition.
(1) The petition shall be verified by the State and
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:

HB4499 - 431 - LRB102 21455 LNS 30572 b
(1) the proof is evident or the presumption great that
the defendant has committed an offense listed in
paragraphs (1) through (6) of subsection (a) for which a
sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, must be imposed by
law as a consequence of conviction, and
(2) the defendant poses a real and present threat to
the physical safety of a specific, identifiable any person
or persons, by conduct which may include, but is not
limited to, a forcible felony, the obstruction of justice,
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

HB4499 - 432 - LRB102 21455 LNS 30572 b
substance of any oral statements made by any person, if
relied upon by the State in its petition, and any police
reports in the State's Attorney's possession at the time
of the hearing that are required to be disclosed to the
defense under Illinois Supreme Court rules. The hearing on
the defendant's culpability and dangerousness shall be
conducted in accordance with the following provisions:
(2) The State or defendant may present evidence at the
hearing (A) Information used by the court in its findings
or stated in or offered at such hearing may be by way of
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

HB4499 - 433 - LRB102 21455 LNS 30572 b
granting a defense request to compel the presence of a
complaining witness. In making a determination under this
section, the court shall state on the record the reason
for granting a defense request to compel the presence of a
complaining witness, and only grant the request if the
court finds by clear and convincing evidence that the
defendant will be materially prejudiced if the complaining
witness does not appear. Cross-examination of a
complaining witness at the pretrial detention hearing for
the purpose of impeaching the witness' credibility is
insufficient reason to compel the presence of the witness.
In deciding whether to compel 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

HB4499 - 434 - LRB102 21455 LNS 30572 b
other record of the hearing shall be admissible in the
State's case in chief, but shall be admissible for
impeachment, or as provided in Section 115-10.1 of this
Code, or in a perjury proceeding.
(6) The (B) A motion by the defendant may not move to
suppress evidence or to suppress a confession, however,
evidence shall not be entertained. Evidence that proof of
the charged crime may have been obtained as the result of
an unlawful search or and seizure, or both, or through
improper interrogation, is not relevant in assessing the
weight of the evidence against the defendant to this state
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

HB4499 - 435 - LRB102 21455 LNS 30572 b
evidence or testimony concerning:
(1) The nature and circumstances of any offense
charged, including whether the offense is a crime of
violence, involving a weapon, or a sex offense.
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. Such evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) The age and physical condition of any victim or
complaining witness;

HB4499 - 436 - LRB102 21455 LNS 30572 b
(7) Whether the defendant is known to possess or have
access to any weapon or weapons;
(8) (7) Whether, at the time of the current offense or
any other offense or arrest, the defendant was on
probation, parole, aftercare release, mandatory supervised
release or other release from custody pending trial,
sentencing, appeal or completion of sentence for an
offense under federal or state law;
(9) (8) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or
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

HB4499 - 437 - LRB102 21455 LNS 30572 b
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(i) Detention. (f) If the court enters an order for the
detention of the defendant pursuant to subsection (e) of this
Section, the defendant shall be brought to trial on the
offense for which he is detained within 90 days after the date
on which the order for detention was entered. If the defendant
is not brought to trial within the 90 day period required by
the preceding sentence, he shall not be denied pretrial
release held longer without bail. In computing the 90 day
period, the 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

HB4499 - 438 - LRB102 21455 LNS 30572 b
(1) of subsection (b) of Section 4.5 of the Rights of Crime
Victims and Witnesses Act and shall be informed of their
opportunity at this hearing to obtain an order of
protection under Article 112A of this Code.
(Source: P.A. 98-558, eff. 1-1-14; 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.)

HB4499 - 439 - LRB102 21455 LNS 30572 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.)

HB4499 - 440 - LRB102 21455 LNS 30572 b
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of pretrial release bail bond.
(a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of pretrial release the bail bond
shall be that he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered by
the court until discharged or final order of the court;
(2) Submit himself or herself to the orders and
process of the court;
(3) (Blank); Not depart this State without leave of
the court;
(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

HB4499 - 441 - LRB102 21455 LNS 30572 b
greater felony, or any felony violation of Article 24 of
the Criminal Code of 1961 or the Criminal Code of 2012; the
court may, however, forgo the imposition of this condition
when the circumstances of the case clearly do not warrant
it or when its imposition would be impractical; if the
Firearm Owner's Identification Card is confiscated, the
clerk of the circuit court shall mail the confiscated card
to the Illinois State Police; all legally possessed
firearms shall be returned to the person upon the charges
being dismissed, or if the person is found not guilty,
unless the finding of not guilty is by reason of insanity;
and
(6) At a time and place designated by the court,
submit to a psychological evaluation when the person has
been charged with a violation of item (4) of subsection
(a) of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 and that violation occurred in a
school or in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a
school-related activity, or on any public way within 1,000
feet of real property comprising any school.
Psychological evaluations ordered pursuant to this Section
shall be completed promptly and made available to the State,
the defendant, and the court. As a further condition of
pretrial release bail under these circumstances, the court
shall order the defendant to refrain from entering upon the

HB4499 - 442 - LRB102 21455 LNS 30572 b
property of the school, including any conveyance owned,
leased, or contracted by a school to transport students to or
from school or a school-related activity, or on any public way
within 1,000 feet of real property comprising any school. Upon
receipt of the psychological evaluation, either the State or
the defendant may request a change in the conditions of
pretrial release bail, pursuant to Section 110-6 of this Code.
The court may change the conditions of pretrial release bail
to include a requirement that the defendant follow the
recommendations of the psychological evaluation, including
undergoing psychiatric treatment. The conclusions of the
psychological evaluation and any statements elicited from the
defendant during its administration are not admissible as
evidence of guilt during the course of any trial on the charged
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;

HB4499 - 443 - LRB102 21455 LNS 30572 b
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by the
court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or in a
foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated person
or organization agreeing to supervise his release. Such
third party custodian shall be responsible for notifying
the court if the defendant fails to observe the conditions
of release which the custodian has agreed to monitor, and

HB4499 - 444 - LRB102 21455 LNS 30572 b
shall be subject to contempt of court for failure so to
notify the court;
(14) Be placed under direct supervision of the
Pretrial Services Agency, Probation Department or Court
Services Department in a pretrial bond home supervision
capacity with or without the use of an approved electronic
monitoring device subject to Article 8A of Chapter V of
the Unified Code of Corrections;
(14.1) The court may shall impose upon a defendant who
is charged with any alcohol, cannabis, methamphetamine, or
controlled substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial bond
home supervision capacity with the use of an approved
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

HB4499 - 445 - LRB102 21455 LNS 30572 b
Code, except as provided in an administrative order of the
Chief Judge of the circuit court.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders with regard to drug-related and
alcohol-related offenses, in which a vendor supplies and
monitors the operation of the electronic monitoring
device, and collects the fees on behalf of the county. The
program shall include provisions for indigent offenders
and the collection of unpaid fees. The program shall not
unduly burden the offender and shall be subject to review
by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device;
(14.2) The court may 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

HB4499 - 446 - LRB102 21455 LNS 30572 b
or no fee as the case may be. The fee shall be collected by
the clerk of the circuit court, except as provided in an
administrative order of the Chief Judge of the circuit
court. The clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who shall
use the monies collected to defray the costs of
corrections. The county treasurer shall deposit the fee
collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the
case may be, except as provided in an administrative order
of the Chief Judge of the circuit court.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders with regard to drug-related and
alcohol-related offenses, in which a vendor supplies and
monitors the operation of the electronic monitoring
device, and collects the fees on behalf of the county. The
program shall include provisions for indigent offenders
and the collection of unpaid fees. The program shall not
unduly burden the offender and shall be subject to review
by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device;
(14.3) The Chief Judge of the Judicial Circuit may
establish reasonable fees to be paid by a person receiving

HB4499 - 447 - LRB102 21455 LNS 30572 b
pretrial services while under supervision of a pretrial
services agency, probation department, or court services
department. Reasonable fees may be charged for pretrial
services including, but not limited to, pretrial
supervision, diversion programs, electronic monitoring,
victim impact services, drug and alcohol testing, DNA
testing, GPS electronic monitoring, assessments and
evaluations related to domestic violence and other
victims, and victim mediation services. The person
receiving pretrial services may be ordered to pay all
costs incidental to pretrial services in accordance with
his or her ability to pay those costs;
(14.4) For persons charged with violating Section
11-501 of the Illinois Vehicle Code, refrain from
operating a motor vehicle not equipped with an ignition
interlock device, as defined in Section 1-129.1 of the
Illinois Vehicle Code, pursuant to the rules promulgated
by the Secretary of State for the installation of ignition
interlock devices. Under this condition the court may
allow a defendant who is not self-employed to operate a
vehicle owned by the defendant's employer that is not
equipped with an ignition interlock device in the course
and scope of the defendant's employment;
(15) Comply with the terms and conditions of an order
of protection issued by the court under the Illinois
Domestic Violence Act of 1986 or an order of protection

HB4499 - 448 - LRB102 21455 LNS 30572 b
issued by the court of another state, tribe, or United
States territory;
(16) (Blank); and Under Section 110-6.5 comply with
the conditions of the drug testing program; and
(17) Such other reasonable conditions as the court may
impose.
(c) When a person is charged with an offense under Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, involving a victim who is a minor under
18 years of age living in the same household with the defendant
at the time of the offense, in granting bail or releasing the
defendant on his own recognizance, the judge shall impose
conditions to restrict the defendant's access to the victim
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,

HB4499 - 449 - LRB102 21455 LNS 30572 b
the restrictions shall include requirements that the defendant
do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the victim's
residence for a minimum period of 72 hours following the
defendant's release.
(e) Local law enforcement agencies shall develop
standardized pretrial release bond forms for use in cases
involving family or household members as defined in Article
112A, including specific conditions of pretrial release bond
as provided in subsection (d). Failure of any law enforcement
department to develop or use those forms shall in no way limit
the applicability and enforcement of subsections (d) and (f).
(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

HB4499 - 450 - LRB102 21455 LNS 30572 b
(5) If the judgment is affirmed or the cause reversed
and remanded for a new trial, forthwith surrender to the
officer from whose custody he was released bailed.
(g) Upon a finding of guilty for any felony offense, the
defendant shall physically surrender, at a time and place
designated by the court, any and all firearms in his or her
possession and his or her Firearm Owner's Identification Card
as a condition of being released remaining on bond pending
sentencing.
(h) In the event the defendant is denied pretrial release
unable to post bond, the court may impose a no contact
provision with the victim or other interested party that shall
be enforced while the defendant remains in custody.
(Source: P.A. 101-138, eff. 1-1-20; 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

HB4499 - 451 - LRB102 21455 LNS 30572 b
shall file a written notice with the clerk of the court before
which the proceeding is pending of any change in his or her
address within 24 hours after such change, except that a
defendant who has been admitted to pretrial release bail for a
forcible felony as defined in Section 2-8 of the Criminal Code
of 2012 shall file a written notice with the clerk of the court
before which the proceeding is pending and the clerk shall
immediately deliver a time stamped copy of the written notice
to the State's Attorney charged with the prosecution within 24
hours prior to such change. The address of a defendant who has
been admitted to pretrial release bail shall at all times
remain a matter of public record with the clerk of the court.
(Source: P.A. 97-1150, eff. 1-25-13; 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

HB4499 - 452 - LRB102 21455 LNS 30572 b
open court charging the defendant with the commission of a sex
offense defined in any Section of Article 11 of the Criminal
Code of 1961 or the Criminal Code of 2012, and a minor as
defined in Section 1-3 of the Juvenile Court Act of 1987 is
alleged to be the victim of the commission of the acts of the
defendant in the commission of such offense, the court may
appoint a guardian ad litem for the minor as provided in
Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of
1987.
(d) Upon the filing of an information or indictment in
open court, the court shall immediately issue a warrant for
the arrest of each person charged with an offense directed to a
peace officer or some other person specifically named
commanding him to arrest such person.
(e) When the offense is eligible for pretrial release
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

HB4499 - 453 - LRB102 21455 LNS 30572 b
hearing charged only one or some of the offenses arising from
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

HB4499 - 454 - LRB102 21455 LNS 30572 b
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
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

HB4499 - 455 - LRB102 21455 LNS 30572 b
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.
(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

HB4499 - 456 - LRB102 21455 LNS 30572 b
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:
(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

HB4499 - 457 - LRB102 21455 LNS 30572 b
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
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

HB4499 - 458 - LRB102 21455 LNS 30572 b
following: incarceration, payment of restitution, a fine,
payment of attorneys' fees and costs, or community
service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection (g).
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any protective order over any penalty previously
imposed by any court for respondent's violation of any
protective order or penal statute involving petitioner
as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:

HB4499 - 459 - LRB102 21455 LNS 30572 b
(i) to increase, revoke, or modify the 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. 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

HB4499 - 460 - LRB102 21455 LNS 30572 b
Section 214 of the Illinois Domestic Violence Act of
1986, in a valid order of protection, which is
authorized under the laws of another state, tribe, or
United States territory, or
(iii) or any other remedy when the act constitutes
a crime against the protected parties as defined by
the Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of a domestic violence
order of protection shall not bar concurrent prosecution
for any other crime, including any crime that may have
been committed at the time of the violation of the
domestic violence order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in 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.

HB4499 - 461 - LRB102 21455 LNS 30572 b
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates
Section 12-3.8 of the Criminal Code of 2012. Prosecution
for a violation of a civil no contact order shall not bar
concurrent prosecution for any other crime, including any
crime that may have been committed at the time of the
violation of the civil no contact order.
(4) The respondent commits the crime of violation of a
stalking no contact order when the respondent violates
Section 12-3.9 of the Criminal Code of 2012. Prosecution
for a violation of a stalking no contact order shall not
bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the
violation of the stalking no contact order.
(b) When violation is contempt of court. A violation of
any valid protective order, whether issued in a civil or
criminal proceeding, may be enforced through civil or criminal
contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated
the protective order were committed, to the extent consistent
with the venue provisions of this Article. Nothing in this
Article shall preclude any Illinois court from enforcing any
valid protective order issued in another state. Illinois
courts may enforce protective orders through both criminal
prosecution and contempt proceedings, unless the action which
is second in time is barred by collateral estoppel or the

HB4499 - 462 - LRB102 21455 LNS 30572 b
constitutional prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause. Bond
shall be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of a protective order shall be treated as an expedited
proceeding.
(c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in 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

HB4499 - 463 - LRB102 21455 LNS 30572 b
shown through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(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.

HB4499 - 464 - LRB102 21455 LNS 30572 b
(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,
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

HB4499 - 465 - LRB102 21455 LNS 30572 b
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 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

HB4499 - 466 - LRB102 21455 LNS 30572 b
compliance with Section 103-5 of this Code.
(2) The prosecution of the offense is barred by
Sections 3-3 through 3-8 of the Criminal Code of 2012.
(3) The defendant has received immunity from
prosecution for the offense charged.
(4) The indictment was returned by a Grand Jury which
was improperly selected and which results in substantial
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

HB4499 - 467 - LRB102 21455 LNS 30572 b
grounds therefor, except as to subsections (a)(6) and (a)(8)
of this Section, are waived.
(c) If the motion presents only an issue of law the court
shall determine it without the necessity of further pleadings.
If the motion alleges facts not of record in the case the State
shall file an answer admitting or denying each of the factual
allegations of the motion.
(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

HB4499 - 468 - LRB102 21455 LNS 30572 b
defendant be held in custody or, if the defendant had been
previously released on pretrial release bail, that the
pretrial release bail be continued for a specified time
pending the return of a new indictment or the filing of a new
charge.
(f) If the court determines that the motion to dismiss
based upon the grounds set forth in subsections (a)(6) and
(a)(7) is well founded it may, instead of dismissal, order the
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

HB4499 - 469 - LRB102 21455 LNS 30572 b
before trial on a capital felony, trial may proceed as
specified in this Section provided that the State certifies
that it will not seek a death sentence following conviction.
Trial in the defendant's absence shall be by jury unless the
defendant had previously waived trial by jury. The absent
defendant must be represented by retained or appointed
counsel. The court, at the conclusion of all of the
proceedings, may order the clerk of the circuit court to pay
counsel such sum as 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

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required when the defendant was not personally present in open
court at the time when the case was set for trial.
(b) The absence of a defendant from a trial conducted
pursuant to this Section does not operate as a bar to
concluding the trial, to a judgment of conviction resulting
therefrom, or to a final disposition of the trial in favor of
the defendant.
(c) Upon a verdict of not guilty, the court shall enter
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

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and the State may present evidence.
(f) If the court grants only the defendant's request for a
new sentencing hearing, then a new sentencing hearing shall be
held in accordance with the provisions of the Unified Code of
Corrections. At any such hearing, both the defendant and the
State may offer evidence of the defendant's conduct during his
period of absence from the court. The court may impose any
sentence authorized by the Unified Code of Corrections and is
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

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pretrial release bail or discharge as may be necessary and
proper.
(Source: Laws 1963, p. 2836; P.A. 101-652.)
(725 ILCS 5/110-1.5 rep.)
Section 225. The Code of Criminal Procedure of 1963 is
amended by repealing Section 110-1.5.
Section 230. The Code of Criminal Procedure of 1963 is
amended by changing the heading of Article 110 by changing
Sections 103-2, 103-3, and 108-8 as follows:
(725 ILCS 5/103-2) (from Ch. 38, par. 103-2)
Sec. 103-2. Treatment while in custody.
(a) On being taken into custody every person shall have
the right to remain silent.
(b) No unlawful means of any kind shall be used to obtain a
statement, admission or confession from any person in custody.
(c) Persons in custody shall be treated humanely and
provided with proper food, shelter and, if required, medical
treatment without unreasonable delay if the need for the
treatment is apparent.
(Source: Laws 1963, p. 2836; P.A. 101-652.)
(725 ILCS 5/103-3) (from Ch. 38, par. 103-3)
(Text of Section before amendment by P.A. 101-652)

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Sec. 103-3. Right to communicate with attorney and family;
transfers.
(a) Persons who are arrested shall have the right to
communicate with an attorney of their choice and a member of
their family by making a reasonable number of telephone calls
or in any other reasonable manner. Such communication shall be
permitted within a reasonable time after arrival at the first
place of custody.
(b) In the event the accused is transferred to a new place
of custody his right to communicate with an attorney and a
member of his family is renewed.
(Source: Laws 1963, p. 2836.)
(Text of Section after amendment by P.A. 101-652)
Sec. 103-3. Right to communicate with attorney and family;
transfers.
(a) (Blank). Persons who are arrested shall have the right
to communicate with an attorney of their choice and a member of
their family by making a reasonable number of telephone calls
or in any other reasonable manner. Such communication shall be
permitted within a reasonable time after arrival at the first
place of custody.
(a-5) Persons who are in police custody have the right to
communicate free of charge with an attorney of their choice
and members of their family as soon as possible upon being
taken into police custody, but no later than three hours after

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

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(b) (Blank). In the event the accused is transferred to a
new place of custody his right to communicate with an attorney
and a member of his family is renewed.
(c) In the event a person who is in police custody is
transferred to a new place of custody, his or her right to make
telephone calls under this Section within three hours after
arrival is renewed.
(d) In this Section "custody" means the restriction of a
person's freedom of movement by a law enforcement officer's
exercise of his or her lawful authority.
(e) The three hours requirement shall not apply while the
person in police custody is asleep, unconscious, or otherwise
incapacitated.
(f) Nothing in this Section shall interfere with a
person's rights or override procedures required in the Bill of
Rights of the Illinois and US Constitutions, including but not
limited to Fourth Amendment search and seizure rights, Fifth
Amendment due process rights and rights to be free from
self-incrimination and Sixth Amendment right to counsel.
(Source: P.A. 101-652, eff. 7-1-21.)
(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
(Text of Section before amendment by P.A. 101-652)
Sec. 108-8. Use of force in execution of search warrant.
(a) All necessary and reasonable force may be used to
effect an entry into any building or property or part thereof

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to execute a search warrant.
(b) The court issuing a warrant may authorize the officer
executing the warrant to make entry without first knocking and
announcing his or her office if it finds, based upon a showing
of specific facts, the existence of the following exigent
circumstances:
(1) That the officer reasonably believes that if
notice were given a weapon would be used:
(i) against the officer executing the search
warrant; or
(ii) against another person.
(2) That if notice were given there is an imminent
"danger" that evidence will be destroyed.
(Source: P.A. 92-502, eff. 12-19-01.)
(Text of Section after amendment by P.A. 101-652)
Sec. 108-8. Use of force in execution of search warrant.
(a) All necessary and reasonable force may be used to
effect an entry into any building or property or part thereof
to execute a search warrant.
(b) The court issuing a warrant may authorize the officer
executing the warrant to make entry without first knocking and
announcing his or her office if it finds, based upon a showing
of specific facts, the existence of the following exigent
circumstances:
(1) That the officer reasonably believes that if

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notice were given a weapon would be used:
(i) against the officer executing the search
warrant; or
(ii) against another person.
(2) That if notice were given there is an imminent
"danger" that evidence will be destroyed.
(c) Prior to the issuing of a warrant under subsection
(b), the officer must attest that:
(1) prior to entering the location described in the
search warrant, a supervising officer will ensure that
each participating member is assigned a body worn camera
and is following policies and procedures in accordance
with Section 10-20 of the Law Enforcement Officer-Worn
Body Camera Act; provided that the law enforcement agency
has implemented body worn camera in accordance with
Section 10-15 of the Law Enforcement Officer-Worn Body
Camera Act. If a law enforcement agency has not
implemented a body camera in accordance with Section 10-15
of the Law Enforcement Officer-Worn Body Camera Act, the
officer must attest that the interaction authorized by the
warrant is otherwise recorded;
(2) steps were taken in planning the search to ensure
accuracy and plan for children or other vulnerable people
on-site; and
(3) if an officer becomes aware the search warrant was
executed at an address, unit, or apartment different from

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the location listed on the search warrant, that member
will immediately notify a supervisor who will ensure an
internal investigation ensues.
(Source: P.A. 101-652, eff. 7-1-21.)
Section 235. 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
110-6, after arrest and release of the defendant upon
reasonable notice to defendant; provided that while the

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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
aggravated stalking; and
(2) the defendant poses a real and present threat to

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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
present witnesses in his favor. When the ends of
justice so require, the court may exercise its

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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
admissible in the State's case in chief, but shall be
admissible for impeachment, or as provided in Section

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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
charged;
(2) The history and characteristics of the defendant

HB4499 - 483 - LRB102 21455 LNS 30572 b
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,
appeal or completion of sentence for an offense under
federal or state law;

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(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
detention was entered. If the defendant is not brought to
trial within the 90 day period required by this subsection

HB4499 - 485 - LRB102 21455 LNS 30572 b
(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:
(a) The court, in the case of a defendant charged with a
felony offense or any offense involving the possession or

HB4499 - 486 - LRB102 21455 LNS 30572 b
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
follows:
(1) The testing shall be done by urinalysis for the

HB4499 - 487 - LRB102 21455 LNS 30572 b
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
include verification or confirmation of any positive test
result by a reliable analytical method before the result

HB4499 - 488 - LRB102 21455 LNS 30572 b
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
sample not his or her own or has had a confirmed positive test
result indicative of continued drug use for the second or

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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
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

HB4499 - 490 - LRB102 21455 LNS 30572 b
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
conducting the preliminary examination may also conduct a
hearing upon the application of the State pursuant to the

HB4499 - 491 - LRB102 21455 LNS 30572 b
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
court orders otherwise, 90% of the sum which had been
deposited and shall retain as bail bond costs 10% of the amount

HB4499 - 492 - LRB102 21455 LNS 30572 b
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
repayable to defendant from such deposit, to be paid to
defendant's attorney of record.

HB4499 - 493 - LRB102 21455 LNS 30572 b
(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
paragraph (a) shall be applied to the payment of costs. If
judgment is entered and any amount of such deposit remains

HB4499 - 494 - LRB102 21455 LNS 30572 b
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
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

HB4499 - 495 - LRB102 21455 LNS 30572 b
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
equal to the required bail, of cash, or stocks and bonds in
which trustees are authorized to invest trust funds under the

HB4499 - 496 - LRB102 21455 LNS 30572 b
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
or sureties shall file with the bond a sworn schedule which
shall contain:

HB4499 - 497 - LRB102 21455 LNS 30572 b
(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
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

HB4499 - 498 - LRB102 21455 LNS 30572 b
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
and costs of the proceedings; however, in counties with a
population of less than 3,000,000, if the defendant has posted

HB4499 - 499 - LRB102 21455 LNS 30572 b
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
violation of any penal statute of this State, or to the person
or entity to whom child support or maintenance is owed if the

HB4499 - 500 - LRB102 21455 LNS 30572 b
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
offender any sheriff or other peace officer may take bail in
accordance with the provisions of Section 110-7 or 110-8 of

HB4499 - 501 - LRB102 21455 LNS 30572 b
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)
Sec. 110-14. Credit for incarceration on bailable offense;
credit against monetary bail for certain offenses.

HB4499 - 502 - LRB102 21455 LNS 30572 b
(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.)
(725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
Sec. 110-15. Applicability of provisions for giving and

HB4499 - 503 - LRB102 21455 LNS 30572 b
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.)
(725 ILCS 5/110-16) (from Ch. 38, par. 110-16)

HB4499 - 504 - LRB102 21455 LNS 30572 b
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
shall certify to the treasurer of each county the number of
days that persons had been detained in the custody of the

HB4499 - 505 - LRB102 21455 LNS 30572 b
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 240. The Rights of Crime Victims and Witnesses Act
is amended by changing Sections 4 and 4.5 as follows:
(725 ILCS 120/4) (from Ch. 38, par. 1404)
Sec. 4. Rights of crime victims.
(a) Crime victims shall have the following rights:
(1) The right to be treated with fairness and respect
for their dignity and privacy and to be free from
harassment, intimidation, and abuse throughout the
criminal justice process.
(1.5) The right to notice and to a hearing before a
court ruling on a request for access to any of the victim's

HB4499 - 506 - LRB102 21455 LNS 30572 b
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
victim hears other testimony at the trial.
(9) The right to have present at all court

HB4499 - 507 - LRB102 21455 LNS 30572 b
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
the request.
(c) The Clerk of the Circuit Court shall post the rights of

HB4499 - 508 - LRB102 21455 LNS 30572 b
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
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation

HB4499 - 509 - LRB102 21455 LNS 30572 b
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
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;

HB4499 - 510 - LRB102 21455 LNS 30572 b
(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
testify and the court determines that the victim's
testimony would be materially affected if the victim hears

HB4499 - 511 - LRB102 21455 LNS 30572 b
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;
(10) at the sentencing shall make a good faith attempt
to explain the minimum amount of time during which the

HB4499 - 512 - LRB102 21455 LNS 30572 b
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
plea agreement, and shall consider the written statement,
if prepared prior to entering into a plea agreement. The

HB4499 - 513 - LRB102 21455 LNS 30572 b
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
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department

HB4499 - 514 - LRB102 21455 LNS 30572 b
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
notices, motions and court orders filed thereafter in the
case.

HB4499 - 515 - LRB102 21455 LNS 30572 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

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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
right by hearing from the victim and the parties,
considering all factors relevant to the issue, and

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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
30 days. If the motion is granted, the court shall set
forth on the record the facts that support its finding

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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
required to testify at an ex parte in camera
proceeding.

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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
support person as a witness at trial, the defendant
must seek permission of the court before a subpoena is

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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
a witness in the defendant's case-in-chief or the
State's rebuttal.

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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.
If the victim fails to designate a support person
within 60 days of trial and the defendant has

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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
attorney and the victim shall have 30 days to seek
appellate review before the records are disclosed to the

HB4499 - 523 - LRB102 21455 LNS 30572 b
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
request for the delay and, if the victim has provided
written notice of the assertion of the right to a timely

HB4499 - 524 - LRB102 21455 LNS 30572 b
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
at the time of sentencing, the prosecutor shall,
within 5 days after sentencing, notify the victim what

HB4499 - 525 - LRB102 21455 LNS 30572 b
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.
(13) Access to presentence reports.
(A) The victim may request a copy of the

HB4499 - 526 - LRB102 21455 LNS 30572 b
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
relief requested, the victim, the victim's attorney, or
the prosecuting attorney may file an appeal within 30 days

HB4499 - 527 - LRB102 21455 LNS 30572 b
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
prisoner's release on parole, mandatory supervised
release, electronic detention, work release, international

HB4499 - 528 - LRB102 21455 LNS 30572 b
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
authority of the approval by the court of an on-grounds
pass, a supervised off-grounds pass, an unsupervised

HB4499 - 529 - LRB102 21455 LNS 30572 b
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
Review Board's victim registry. Victims registered with
the Board shall receive reasonable written notice not less

HB4499 - 530 - LRB102 21455 LNS 30572 b
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
a hearing to determine the conditions of mandatory
supervised release of a person sentenced to a determinate

HB4499 - 531 - LRB102 21455 LNS 30572 b
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
statement was an oral statement made by the victim at a
hearing open to the public.

HB4499 - 532 - LRB102 21455 LNS 30572 b
(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
Human Services such information that would allow the
Department of Human Services to contact the victim.

HB4499 - 533 - LRB102 21455 LNS 30572 b
(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
(4), (4-1), and (4-2) of subsection (d).
(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;

HB4499 - 534 - LRB102 21455 LNS 30572 b
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;
(2) shall provide timely notice of the date, time, and
place of court proceedings; of any change in the date,

HB4499 - 535 - LRB102 21455 LNS 30572 b
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
area during court proceedings that does not require
victims to be in close proximity to defendants or

HB4499 - 536 - LRB102 21455 LNS 30572 b
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
case;
(9.5) shall inform the victim of (A) the victim's

HB4499 - 537 - LRB102 21455 LNS 30572 b
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
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section;

HB4499 - 538 - LRB102 21455 LNS 30572 b
(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,
or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;

HB4499 - 539 - LRB102 21455 LNS 30572 b
(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
(21) shall give the crime victim timely notice of any
decision not to pursue charges and consider the safety of

HB4499 - 540 - LRB102 21455 LNS 30572 b
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.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section

HB4499 - 541 - LRB102 21455 LNS 30572 b
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
the victim's right or request enforcement of a right
by filing a motion or by orally asserting the right or

HB4499 - 542 - LRB102 21455 LNS 30572 b
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
for any decision denying the motion or request shall
be clearly stated on the record.

HB4499 - 543 - LRB102 21455 LNS 30572 b
(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
victim's right is being violated or where the crime is
being prosecuted. For complaints or motions filed by

HB4499 - 544 - LRB102 21455 LNS 30572 b
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
violation of a victim's right.
(B) The appropriate remedy shall include only

HB4499 - 545 - LRB102 21455 LNS 30572 b
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
specificity the reason exclusion is necessary to protect a
constitutional right of the party, and must contain an

HB4499 - 546 - LRB102 21455 LNS 30572 b
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
appear to testify at an in camera hearing. The
prosecuting attorney and the victim shall have 15 days

HB4499 - 547 - LRB102 21455 LNS 30572 b
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
prosecuting attorney, within 60 days of trial. The
prosecuting attorney shall provide the name to the

HB4499 - 548 - LRB102 21455 LNS 30572 b
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
case-in-chief waives the right to challenge the
presence of the support person on appeal. The court

HB4499 - 549 - LRB102 21455 LNS 30572 b
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
during the State's case-in-chief, the victim shall be
allowed to choose another support person to be present

HB4499 - 550 - LRB102 21455 LNS 30572 b
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
requiring the witness to appear in camera or a
sealed copy of the records be delivered to the

HB4499 - 551 - LRB102 21455 LNS 30572 b
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
waiving privilege, the prosecuting attorney must serve
the subpoena at least 21 days prior to the date a

HB4499 - 552 - LRB102 21455 LNS 30572 b
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
rule on any substantive issues, accept a plea, or impose a
sentence and shall continue the hearing for the time

HB4499 - 553 - LRB102 21455 LNS 30572 b
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
have been granted, the victim's objections and procedures
to avoid further delays. If a continuance is granted over

HB4499 - 554 - LRB102 21455 LNS 30572 b
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
of any damages together with any supporting
documentation, a restitution amount recommendation,

HB4499 - 555 - LRB102 21455 LNS 30572 b
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
report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to

HB4499 - 556 - LRB102 21455 LNS 30572 b
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.
(16) The right to be reasonably protected from the
accused throughout the criminal justice process and the

HB4499 - 557 - LRB102 21455 LNS 30572 b
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
and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's

HB4499 - 558 - LRB102 21455 LNS 30572 b
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
of the escape and the Prisoner Review Board shall notify
the victim. The notification shall be based upon the most

HB4499 - 559 - LRB102 21455 LNS 30572 b
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
inspect the registry of parole decisions, established
under subsection (g) of Section 3-3-5 of the Unified Code

HB4499 - 560 - LRB102 21455 LNS 30572 b
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
statement made by the victim at a hearing open to the
public.

HB4499 - 561 - LRB102 21455 LNS 30572 b
(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
Board or Department of Juvenile Justice shall notify the
victim and the State's Attorney of the county where the

HB4499 - 562 - LRB102 21455 LNS 30572 b
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
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex

HB4499 - 563 - LRB102 21455 LNS 30572 b
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 245. The Pretrial Services Act is amended by
changing Sections 11, 20, 22, and 34 as follows:
(725 ILCS 185/11) (from Ch. 38, par. 311)
Sec. 11. No person shall be interviewed by a pretrial
services agency unless he or she has first been apprised of the
identity and purpose of the interviewer, the scope of the
interview, the right to secure legal advice, and the right to

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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
agency recommendations by sole reference to such procedures.
(Source: P.A. 91-357, eff. 7-29-99; 101-652.)

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(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.)
Section 250. The Quasi-criminal and Misdemeanor Bail Act
is amended by changing the title of the Act and Sections 0.01,

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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
authorized to let to pretrial release bail any person charged
with a quasi-criminal offense or misdemeanor and to accept and

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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
to answer the charge in court at a time and place specified in
the pretrial release form bond and thereafter as ordered by

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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.)
(725 ILCS 195/5) (from Ch. 16, par. 85)
Sec. 5. Any person authorized to accept pretrial release

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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 255. 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
other programs and facilities which could aid the
defendant's successful reintegration into society;

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(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
under Section 5-8-1.2 of this Code; and
(8) information concerning the defendant's eligibility

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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
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such

HB4499 - 572 - LRB102 21455 LNS 30572 b
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
forth:
(1) the defendant's history of delinquency or

HB4499 - 573 - LRB102 21455 LNS 30572 b
criminality, physical and mental history and condition,
family situation and background, economic status,
education, occupation and personal habits;
(2) information about special resources within the
community which might be available to assist the
defendant's rehabilitation, including treatment centers,
residential facilities, vocational training services,
correctional manpower programs, employment opportunities,
special educational programs, alcohol and drug abuse
programming, psychiatric and marriage counseling, and
other programs and facilities which could aid the
defendant's successful reintegration into society;
(3) the effect the offense committed has had upon the
victim or victims thereof, and any compensatory benefit
that various sentencing alternatives would confer on such
victim or victims;
(3.5) information provided by the victim's spouse,
guardian, parent, grandparent, and other immediate family
and household members about the effect the offense
committed has had on the victim and on the person
providing the information; if the victim's spouse,
guardian, parent, grandparent, or other immediate family
or household member has provided a written statement, the
statement shall be attached to the report;
(4) information concerning the defendant's status
since arrest, including his record if released on his own

HB4499 - 574 - LRB102 21455 LNS 30572 b
recognizance, or the defendant's achievement record if
released on a conditional pre-trial supervision program;
(5) when appropriate, a plan, based upon the personal,
economic and social adjustment needs of the defendant,
utilizing public and private community resources as an
alternative to institutional sentencing;
(6) any other matters that the investigatory officer
deems relevant or the court directs to be included;
(7) information concerning the defendant's eligibility
for a sentence to a county impact incarceration program
under Section 5-8-1.2 of this Code; and
(8) information concerning the defendant's eligibility
for a sentence to an impact incarceration program
administered by the Department under Section 5-8-1.1.
(b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made,
it shall issue an order that the defendant submit to
examination at such time and place as designated by the court
and that such examination be conducted by a physician,
psychologist or psychiatrist designated by the court. Such an
examination may be conducted in a court clinic if so ordered by
the court. The cost of such examination shall be paid by the
county in which the trial is held.
(b-5) In cases involving felony sex offenses in which the
offender is being considered for probation only or any felony

HB4499 - 575 - LRB102 21455 LNS 30572 b
offense that is sexually motivated as defined in the Sex
Offender Management Board Act in which the offender is being
considered for probation only, the investigation shall include
a sex offender evaluation by an evaluator approved by the
Board and conducted in conformance with the standards
developed under the Sex Offender Management Board Act. In
cases in which the offender is being considered for any
mandatory prison sentence, the investigation shall not include
a sex offender evaluation.
(c) In misdemeanor, business offense or petty offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court in its order for the
report.
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
12-30 of the Criminal Code of 1961 or the Criminal Code of
2012, the presentence report shall set forth information about
alcohol, drug abuse, psychiatric, and marriage counseling or
other treatment programs and facilities, information on the
defendant's history of delinquency or criminality, and shall
contain those additional matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this

HB4499 - 576 - LRB102 21455 LNS 30572 b
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
offense committed or to bring the offenders committing it
to justice;

HB4499 - 577 - LRB102 21455 LNS 30572 b
(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
paragraph (O-1) of Section 1-103 of the Illinois Human
Rights Act;

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(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
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

HB4499 - 579 - LRB102 21455 LNS 30572 b
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
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on

HB4499 - 580 - LRB102 21455 LNS 30572 b
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
Act, the Specialized Mental Health Rehabilitation Act of
2013, the ID/DD Community Care Act, or the MC/DD Act;

HB4499 - 581 - LRB102 21455 LNS 30572 b
(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
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause

HB4499 - 582 - LRB102 21455 LNS 30572 b
(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),
(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

HB4499 - 583 - LRB102 21455 LNS 30572 b
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
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was

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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
devices;
(32) the defendant committed the offense of reckless

HB4499 - 585 - LRB102 21455 LNS 30572 b
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
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.

HB4499 - 586 - LRB102 21455 LNS 30572 b
"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
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or

HB4499 - 587 - LRB102 21455 LNS 30572 b
(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
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to

HB4499 - 588 - LRB102 21455 LNS 30572 b
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
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the

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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
has been convicted of causing the death of more than one
individual.

HB4499 - 590 - LRB102 21455 LNS 30572 b
(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
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the

HB4499 - 591 - LRB102 21455 LNS 30572 b
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
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012,

HB4499 - 592 - LRB102 21455 LNS 30572 b
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
sentencing.
(a) The following factors shall be accorded weight in

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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
person who has a physical disability or such person's
property;

HB4499 - 594 - LRB102 21455 LNS 30572 b
(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
period of probation, conditional discharge, or mandatory
supervised release under subsection (d) of Section 5-8-1

HB4499 - 595 - LRB102 21455 LNS 30572 b
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
of one of the following Sections while in a school,
regardless of the time of day or time of year; on any

HB4499 - 596 - LRB102 21455 LNS 30572 b
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
Criminal Code of 2012;
(17) the defendant committed the offense by reason of

HB4499 - 597 - LRB102 21455 LNS 30572 b
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
drugs, intoxicating compound or compounds or any
combination thereof under Section 11-501 of the Illinois

HB4499 - 598 - LRB102 21455 LNS 30572 b
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
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;

HB4499 - 599 - LRB102 21455 LNS 30572 b
(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
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who

HB4499 - 600 - LRB102 21455 LNS 30572 b
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
patronizing a minor engaged in prostitution and at the
time of the commission of the offense knew that the

HB4499 - 601 - LRB102 21455 LNS 30572 b
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
Section 11-401 of the Illinois Vehicle Code and the
accident resulted in the death of a person and at the time

HB4499 - 602 - LRB102 21455 LNS 30572 b
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,
for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be

HB4499 - 603 - LRB102 21455 LNS 30572 b
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
specific misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity

HB4499 - 604 - LRB102 21455 LNS 30572 b
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
the Criminal Code of 2012; or
(7) When a defendant who was at least 17 years of age

HB4499 - 605 - LRB102 21455 LNS 30572 b
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
occurred within 10 years after the previous conviction,
excluding time spent in custody, and the charges are

HB4499 - 606 - LRB102 21455 LNS 30572 b
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.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is

HB4499 - 607 - LRB102 21455 LNS 30572 b
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
is killed or injured at the scene of the offense while
responding to the emergency caused by the commission of

HB4499 - 608 - LRB102 21455 LNS 30572 b
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,
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

HB4499 - 609 - LRB102 21455 LNS 30572 b
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
violations, such notice to the offender shall be issued by
the Circuit Court Clerk; and in the case of a violation of

HB4499 - 610 - LRB102 21455 LNS 30572 b
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
only as a result of his alleged violation of the court's
earlier order of probation, supervision, conditional

HB4499 - 611 - LRB102 21455 LNS 30572 b
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
Vehicle Code at the time of initial sentencing. If the court
finds that the person has failed to successfully complete his

HB4499 - 612 - LRB102 21455 LNS 30572 b
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
amount of credit to be applied against a sentence of
imprisonment or periodic imprisonment when the defendant

HB4499 - 613 - LRB102 21455 LNS 30572 b
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
issued for any violation of probation, conditional discharge,
supervision, or a sentence of county impact incarceration

HB4499 - 614 - LRB102 21455 LNS 30572 b
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
(3) of subsection (a) is not filed, the warrant shall be
quashed and recalled as a matter of law under paragraph (1) of

HB4499 - 615 - LRB102 21455 LNS 30572 b
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
discharge or supervision shall not run until the hearing and
disposition of the petition for violation.

HB4499 - 616 - LRB102 21455 LNS 30572 b
(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.
(g) A judgment revoking supervision is a final appealable
order.

HB4499 - 617 - LRB102 21455 LNS 30572 b
(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
enforcement, and the victim, regarding the breach. The
supervising authority may also require that the electronic

HB4499 - 618 - LRB102 21455 LNS 30572 b
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
subject matter as the Act repealed.
(Source: P.A. 78-255; 101-652.)

HB4499 - 619 - LRB102 21455 LNS 30572 b
Section 260. The Unified Code of Corrections is amended by
changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1,
5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for
persons committed to the Department which shall be subject to
review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be
awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of the
Department; or
(C) service to the institution, service to a
community, or service to the State.
(2) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after June
19, 1998 or with respect to the offense listed in clause (iv)
of this paragraph (2) committed on or after June 23, 2005 (the

HB4499 - 620 - LRB102 21455 LNS 30572 b
effective date of Public Act 94-71) or with respect to offense
listed in clause (vi) committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or with respect to the
offense of being an armed habitual criminal committed on or
after August 2, 2005 (the effective date of Public Act 94-398)
or with respect to the offenses listed in clause (v) of this
paragraph (2) committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or with respect to the
offense of aggravated domestic battery committed on or after
July 23, 2010 (the effective date of Public Act 96-1224) or
with respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date of
Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense of
terrorism shall receive no sentence credit and shall serve
the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt to
commit terrorism, attempt to commit first degree murder,
solicitation of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
kidnapping, aggravated battery with a firearm as described
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
or (e)(4) of Section 12-3.05, heinous battery as described

HB4499 - 621 - LRB102 21455 LNS 30572 b
in Section 12-4.1 or subdivision (a)(2) of Section
12-3.05, being an armed habitual criminal, aggravated
battery of a senior citizen as described in Section 12-4.6
or subdivision (a)(4) of Section 12-3.05, or aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 shall receive no
more than 4.5 days of sentence credit for each month of his
or her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with
a category I weapon or category II weapon, when the court
has made and entered a finding, pursuant to subsection
(c-1) of Section 5-4-1 of this Code, that the conduct
leading to conviction for the enumerated offense resulted
in great bodily harm to a victim, shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment;
(iv) that a prisoner serving a sentence for aggravated
discharge of a firearm, whether or not the conduct leading
to conviction for the offense resulted in great bodily
harm to the victim, shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment;
(v) that a person serving a sentence for gunrunning,
narcotics racketeering, controlled substance trafficking,

HB4499 - 622 - LRB102 21455 LNS 30572 b
methamphetamine trafficking, drug-induced homicide,
aggravated methamphetamine-related child endangerment,
money laundering pursuant to clause (c) (4) or (5) of
Section 29B-1 of the Criminal Code of 1961 or the Criminal
Code of 2012, or a Class X felony conviction for delivery
of a controlled substance, possession of a controlled
substance with intent to manufacture or deliver,
calculated criminal drug conspiracy, criminal drug
conspiracy, street gang criminal drug conspiracy,
participation in methamphetamine manufacturing,
aggravated participation in methamphetamine
manufacturing, delivery of methamphetamine, possession
with intent to deliver methamphetamine, aggravated
delivery of methamphetamine, aggravated possession with
intent to deliver methamphetamine, methamphetamine
conspiracy when the substance containing the controlled
substance or methamphetamine is 100 grams or more shall
receive no more than 7.5 days sentence credit for each
month of his or her sentence of imprisonment;
(vi) that a prisoner serving a sentence for a second
or subsequent offense of luring a minor shall receive no
more than 4.5 days of sentence credit for each month of his
or her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for
aggravated domestic battery shall receive no more than 4.5
days of sentence credit for each month of his or her

HB4499 - 623 - LRB102 21455 LNS 30572 b
sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
subdivision (a)(2)(v) committed on or after August 13, 2007
(the effective date of Public Act 95-134) or subdivision
(a)(2)(vi) committed on or after June 1, 2008 (the effective
date of Public Act 95-625) or subdivision (a)(2)(vii)
committed on or after July 23, 2010 (the effective date of
Public Act 96-1224), and other than the offense of aggravated
driving under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code,
and other than the offense of aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined
in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230), the rules and regulations shall provide that a
prisoner who is serving a term of imprisonment shall receive
one day of sentence credit for each day of his or her sentence
of imprisonment or recommitment under Section 3-3-9. Each day
of sentence credit shall reduce by one day the prisoner's

HB4499 - 624 - LRB102 21455 LNS 30572 b
period of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no sentence credit.
(2.3) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(2.4) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide with respect to the offenses of aggravated
battery with a machine gun or a firearm equipped with any
device or attachment designed or used for silencing the report
of a firearm or aggravated discharge of a machine gun or a
firearm equipped with any device or attachment designed or
used for silencing the report of a firearm, committed on or
after July 15, 1999 (the effective date of Public Act 91-121),
that a prisoner serving a sentence for any of these offenses
shall receive no more than 4.5 days of sentence credit for each
month of his or her sentence of imprisonment.

HB4499 - 625 - LRB102 21455 LNS 30572 b
(2.5) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more
than 4.5 days of sentence credit for each month of his or her
sentence of imprisonment.
(2.6) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230) shall receive no
more than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment.
(3) In addition to the sentence credits earned under
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
subsection (a), the rules and regulations shall also provide
that the Director may award up to 180 days of earned sentence
credit for prisoners serving a sentence of incarceration of
less than 5 years, and up to 365 days of earned sentence credit
for prisoners serving a sentence of 5 years or longer. The
Director may grant this credit for good conduct in specific

HB4499 - 626 - LRB102 21455 LNS 30572 b
instances as the Director deems proper. The good conduct may
include, but is not limited to, compliance with the rules and
regulations of the Department, service to the Department,
service to a community, or service to the State.
Eligible inmates for an award of earned sentence credit
under this paragraph (3) may be selected to receive the credit
at the Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under
this paragraph (3) may shall be based on, but is not limited
to, participation in programming offered by the Department as
appropriate for the prisoner based on the results of any
available risk/needs assessment or other relevant assessments
or evaluations administered by the Department using a
validated instrument, the circumstances of the crime,
demonstrated commitment to rehabilitation by a any prisoner
with a history of conviction for a forcible felony enumerated
in Section 2-8 of the Criminal Code of 2012, the inmate's
behavior and improvements in disciplinary history while
incarcerated, and the inmate's commitment to rehabilitation,
including participation in programming offered by the
Department.
The Director shall not award sentence credit under this
paragraph (3) to an inmate unless the inmate has served a
minimum of 60 days of the sentence; except nothing in this
paragraph shall be construed to permit the Director to extend
an inmate's sentence beyond that which was imposed by the

HB4499 - 627 - LRB102 21455 LNS 30572 b
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to 60
days as the sentence will allow;
(B-1) has received a risk/needs assessment or other
relevant evaluation or assessment administered by the
Department using a validated instrument; and
(C) has met the eligibility criteria established by
rule for earned sentence credit.
The Director shall determine the form and content of the
written determination required in this subsection.
(3.5) The Department shall provide annual written reports
to the Governor and the General Assembly on the award of earned
sentence credit no later than February 1 of each year. The
Department must publish both reports on its website within 48
hours of transmitting the reports to the Governor and the
General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence
credit;
(B) the average amount of earned sentence credit
awarded;
(C) the holding offenses of inmates awarded earned
sentence credit; and
(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this

HB4499 - 628 - LRB102 21455 LNS 30572 b
subsection (a), the rules and regulations shall also provide
that any prisoner who the sentence credit accumulated and
retained under paragraph (2.1) of subsection (a) of this
Section by any inmate during specific periods of time in which
such inmate is engaged full-time in substance abuse programs,
correctional industry assignments, educational programs,
work-release programs or activities in accordance with Article
13 of Chapter III of this Code, behavior modification
programs, life skills courses, or re-entry planning provided
by the Department under this paragraph (4) and satisfactorily
completes the assigned program as determined by the standards
of the Department, shall receive one day of sentence credit
for each day in which that prisoner is engaged in the
activities described in this paragraph be multiplied by a
factor of 1.25 for program participation before August 11,
1993 and 1.50 for program participation on or after that date.
The rules and regulations shall also provide that sentence
credit, subject to the same offense limits and multiplier
provided in this paragraph, may be provided to an inmate who
was held in pre-trial detention prior to his or her current
commitment to the Department of Corrections and successfully
completed a full-time, 60-day or longer substance abuse
program, educational program, behavior modification program,
life skills course, or re-entry planning provided by the
county department of corrections or county jail. Calculation
of this county program credit shall be done at sentencing as

HB4499 - 629 - LRB102 21455 LNS 30572 b
provided in Section 5-4.5-100 of this Code and shall be
included in the sentencing order. The rules and regulations
shall also provide that sentence credit may be provided to an
inmate who is in compliance with programming requirements in
an adult transition center. However, no inmate shall be
eligible for the additional sentence credit under this
paragraph (4) or (4.1) of this subsection (a) while assigned
to a boot camp or electronic detention.
(B) The Department shall award sentence credit under this
paragraph (4) accumulated prior to January 1, 2020 (the
effective date of Public Act 101-440) this amendatory Act of
the 101st General Assembly in an amount specified in
subparagraph (C) of this paragraph (4) to an inmate serving a
sentence for an offense committed prior to June 19, 1998, if
the Department determines that the inmate is entitled to this
sentence credit, based upon:
(i) documentation provided by the Department that the
inmate engaged in any full-time substance abuse programs,
correctional industry assignments, educational programs,
behavior modification programs, life skills courses, or
re-entry planning provided by the Department under this
paragraph (4) and satisfactorily completed the assigned
program as determined by the standards of the Department
during the inmate's current term of incarceration; or
(ii) the inmate's own testimony in the form of an
affidavit or documentation, or a third party's

HB4499 - 630 - LRB102 21455 LNS 30572 b
documentation or testimony in the form of an affidavit
that the inmate likely engaged in any full-time substance
abuse programs, correctional industry assignments,
educational programs, behavior modification programs, life
skills courses, or re-entry planning provided by the
Department under paragraph (4) and satisfactorily
completed the assigned program as determined by the
standards of the Department during the inmate's current
term of incarceration.
(C) If the inmate can provide documentation that he or she
is entitled to sentence credit under subparagraph (B) in
excess of 45 days of participation in those programs, the
inmate shall receive 90 days of sentence credit. If the inmate
cannot provide documentation of more than 45 days of
participation in those programs, the inmate shall receive 45
days of sentence credit. In the event of a disagreement
between the Department and the inmate as to the amount of
credit accumulated under subparagraph (B), if the Department
provides documented proof of a lesser amount of days of
participation in those programs, that proof shall control. If
the Department provides no documentary proof, the inmate's
proof as set forth in clause (ii) of subparagraph (B) shall
control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act,
sentencing credits under subparagraph (B) of this paragraph

HB4499 - 631 - LRB102 21455 LNS 30572 b
(4) shall be awarded by the Department only if the conditions
set forth in paragraph (4.6) of subsection (a) are satisfied.
No inmate serving a term of natural life imprisonment shall
receive sentence credit under subparagraph (B) of this
paragraph (4).
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be earned under this paragraph (4) and paragraph (4.1) of
this subsection (a) shall be evaluated by the Department on
the basis of documented standards. The Department shall report
the results of these evaluations to the Governor and the
General Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible inmates who are denied
immediate admission shall be placed on a waiting list under
criteria established by the Department. The rules and
regulations shall provide that a prisoner who has been placed
on a waiting list but is transferred for non-disciplinary
reasons before beginning a program shall receive priority
placement on the waitlist for appropriate programs at the new
facility. The inability of any inmate to become engaged in any
such programs by reason of insufficient program resources or

HB4499 - 632 - LRB102 21455 LNS 30572 b
for any other reason established under the rules and
regulations of the Department shall not be deemed a cause of
action under which the Department or any employee or agent of
the Department shall be liable for damages to the inmate. The
rules and regulations shall provide that a prisoner who begins
an educational, vocational, substance abuse, work-release
programs or activities in accordance with Article 13 of
Chapter III of this Code, behavior modification program, life
skills course, re-entry planning, or correctional industry
programs but is unable to complete the program due to illness,
disability, transfer, lockdown, or another reason outside of
the prisoner's control shall receive prorated sentence credits
for the days in which the prisoner did participate.
(4.1) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that an additional 90 days of sentence credit shall be awarded
to any prisoner who passes high school equivalency testing
while the prisoner is committed to the Department of
Corrections. The sentence credit awarded under this paragraph
(4.1) shall be in addition to, and shall not affect, the award
of sentence credit under any other paragraph of this Section,
but shall also be pursuant to the guidelines and restrictions
set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be
available only to those prisoners who have not previously
earned a high school diploma or a high school equivalency

HB4499 - 633 - LRB102 21455 LNS 30572 b
certificate. If, after an award of the high school equivalency
testing sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 90 days of
sentence credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections. Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall provide that
an additional 120 days of sentence credit shall be awarded to
any prisoner who obtains an associate degree while the
prisoner is committed to the Department of Corrections,
regardless of the date that the associate degree was obtained,
including if prior to July 1, 2021 (the effective date of
Public Act 101-652). The sentence credit awarded under this
paragraph (4.1) shall be in addition to, and shall not affect,
the award of sentence credit under any other paragraph of this
Section, but shall also be under the guidelines and
restrictions set forth in paragraph (4) of subsection (a) of
this Section. The sentence credit provided for in this
paragraph (4.1) shall be available only to those prisoners who
have not previously earned an associate degree prior to the
current commitment to the Department of Corrections. If, after
an award of the associate degree sentence credit has been made
and the Department determines that the prisoner was not
eligible, then the award shall be revoked. The Department may

HB4499 - 634 - LRB102 21455 LNS 30572 b
also award 120 days of sentence credit to any committed person
who earned an associate degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a bachelor's degree while the prisoner is
committed to the Department of Corrections. The sentence
credit awarded under this paragraph (4.1) shall be in addition
to, and shall not affect, the award of sentence credit under
any other paragraph of this Section, but shall also be under
the guidelines and restrictions set forth in paragraph (4) of
this subsection (a). The sentence credit provided for in this
paragraph shall be available only to those prisoners who have
not earned a bachelor's degree prior to the current commitment
to the Department of Corrections. If, after an award of the
bachelor's degree sentence credit has been made, the
Department determines that the prisoner was not eligible, then
the award shall be revoked. The Department may also award 180
days of sentence credit to any committed person who earned a
bachelor's degree while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an

HB4499 - 635 - LRB102 21455 LNS 30572 b
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a master's or professional degree while
the prisoner is committed to the Department of Corrections.
The sentence credit awarded under this paragraph (4.1) shall
be in addition to, and shall not affect, the award of sentence
credit under any other paragraph of this Section, but shall
also be under the guidelines and restrictions set forth in
paragraph (4) of this subsection (a). The sentence credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a master's or
professional degree prior to the current commitment to the
Department of Corrections. If, after an award of the master's
or professional degree sentence credit has been made, the
Department determines that the prisoner was not eligible, then
the award shall be revoked. The Department may also award 180
days of sentence credit to any committed person who earned a
master's or professional degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
(4.2) The rules and regulations shall also provide that
any prisoner engaged in self-improvement programs, volunteer
work, or work assignments that are not otherwise eligible
activities under paragraph (4), shall receive up to 0.5 days
of sentence credit for each day in which the prisoner is
engaged in activities described in this paragraph.
(4.5) The rules and regulations on sentence credit shall

HB4499 - 636 - LRB102 21455 LNS 30572 b
also provide that when the court's sentencing order recommends
a prisoner for substance abuse treatment and the crime was
committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence
credit awarded under clause (3) of this subsection (a) unless
he or she participates in and completes a substance abuse
treatment program. The Director may waive the requirement to
participate in or complete a substance abuse treatment program
in specific instances if the prisoner is not a good candidate
for a substance abuse treatment program for medical,
programming, or operational reasons. Availability of substance
abuse treatment shall be subject to the limits of fiscal
resources appropriated by the General Assembly for these
purposes. If treatment is not available and the requirement to
participate and complete the treatment has not been waived by
the Director, the prisoner shall be placed on a waiting list
under criteria established by the Department. The Director may
allow a prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend substance
abuse self-help meetings in lieu of a substance abuse
treatment program. A prisoner on a waiting list who is not
placed in a substance abuse program prior to release may be
eligible for a waiver and receive sentence credit under clause
(3) of this subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall
also provide that a prisoner who has been convicted of a sex

HB4499 - 637 - LRB102 21455 LNS 30572 b
offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no sentence credit unless he or
she either has successfully completed or is participating in
sex offender treatment as defined by the Sex Offender
Management Board. However, prisoners who are waiting to
receive treatment, but who are unable to do so due solely to
the lack of resources on the part of the Department, may, at
the Director's sole discretion, be awarded sentence credit at
a rate as the Director shall determine.
(4.7) On or after January 1, 2018 (the effective date of
Public Act 100-3) this amendatory Act of the 100th General
Assembly, sentence credit under paragraph (3), (4), or (4.1)
of this subsection (a) may be awarded to a prisoner who is
serving a sentence for an offense described in paragraph (2),
(2.3), (2.4), (2.5), or (2.6) for credit earned on or after
January 1, 2018 (the effective date of Public Act 100-3) this
amendatory Act of the 100th General Assembly; provided, the
award of the credits under this paragraph (4.7) shall not
reduce the sentence of the prisoner to less than the following
amounts:
(i) 85% of his or her sentence if the prisoner is
required to serve 85% of his or her sentence; or
(ii) 60% of his or her sentence if the prisoner is
required to serve 75% of his or her sentence, except if the
prisoner is serving a sentence for gunrunning his or her
sentence shall not be reduced to less than 75%.

HB4499 - 638 - LRB102 21455 LNS 30572 b
(iii) 100% of his or her sentence if the prisoner is
required to serve 100% of his or her sentence.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of earned
sentence credit under paragraph (3) of subsection (a) of this
Section given at any time during the term, the Department
shall give reasonable notice of the impending release not less
than 14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate
took place, and if applicable, the State's Attorney of the
county into which the inmate will be released. The Department
must also make identification information and a recent photo
of the inmate being released accessible on the Internet by
means of a hyperlink labeled "Community Notification of Inmate
Early Release" on the Department's World Wide Web homepage.
The identification information shall include the inmate's:
name, any known alias, date of birth, physical
characteristics, commitment offense, and county where
conviction was imposed. The identification information shall
be placed on the website within 3 days of the inmate's release
and the information may not be removed until either:
completion of the first year of mandatory supervised release
or return of the inmate to custody of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and

HB4499 - 639 - LRB102 21455 LNS 30572 b
forfeiting of sentence credit.
(c) (1) The Department shall prescribe rules and
regulations for revoking sentence credit, including revoking
sentence credit awarded under paragraph (3) of subsection (a)
of this Section. The Department shall prescribe rules and
regulations establishing and requiring the use of a sanctions
matrix for revoking sentence credit. The Department shall
prescribe rules and regulations for suspending or reducing the
rate of accumulation of sentence credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of sentence credit for any one infraction.
(2) When the Department seeks to revoke, suspend, or
reduce the rate of accumulation of any sentence credits for an
alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
sentence credits before the Prisoner Review Board as provided
in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days, whether from one
infraction or cumulatively from multiple infractions arising
out of a single event, or when, during any 12 month 12-month
period, the cumulative amount of credit revoked exceeds 30
days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of sentence
credit. The Board may subsequently approve the revocation of

HB4499 - 640 - LRB102 21455 LNS 30572 b
additional sentence credit, if the Department seeks to revoke
sentence credit in excess of 30 days. However, the Board shall
not be empowered to review the Department's decision with
respect to the loss of 30 days of sentence credit within any
calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
(3) The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days of sentence
credits which have been revoked, suspended, or reduced. The
Department shall prescribe rules and regulations governing the
restoration of sentence credits. These rules and regulations
shall provide for the automatic restoration of sentence
credits following a period in which the prisoner maintains a
record without a disciplinary violation. Any restoration of
sentence credits in excess of 30 days shall be subject to
review by the Prisoner Review Board. However, the Board may
not restore sentence credit in excess of the amount requested
by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of
Corrections, or the Prisoner Review Board, or against any of

HB4499 - 641 - LRB102 21455 LNS 30572 b
their officers or employees, and the court makes a specific
finding that a pleading, motion, or other paper filed by the
prisoner is frivolous, the Department of Corrections shall
conduct a hearing to revoke up to 180 days of sentence credit
by bringing charges against the prisoner sought to be deprived
of the sentence credits before the Prisoner Review Board as
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of sentence
credit at the time of the finding, then the Prisoner Review
Board may revoke all sentence credit accumulated by the
prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
other filing which purports to be a legal document filed
by a prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper
purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;

HB4499 - 642 - LRB102 21455 LNS 30572 b
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would

HB4499 - 643 - LRB102 21455 LNS 30572 b
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided
in Section 5-8A-7 of this Code.
(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual
being sentenced for an offense based upon a charge for a
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance, the individual must
undergo a professional evaluation to determine if an alcohol
or other drug abuse problem exists and the extent of such a
problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the
individual is not a resident of Illinois, the court may, in its
discretion, accept an evaluation from a program in the state
of such individual's residence. The court shall make a
specific finding about whether the defendant is eligible for
participation in a Department impact incarceration program as
provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an

HB4499 - 644 - LRB102 21455 LNS 30572 b
explanation as to why a sentence to impact incarceration is
not an appropriate sentence. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a
violation of Section 11-501 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, the
opportunity to present an oral or written statement, as

HB4499 - 645 - LRB102 21455 LNS 30572 b
guaranteed by Article I, Section 8.1 of the Illinois
Constitution and provided in Section 6 of the Rights of
Crime Victims and Witnesses Act. The court shall allow a
victim to make an oral statement if the victim is present
in the courtroom and requests to make an oral or written
statement. An oral or written statement includes the
victim or a representative of the victim reading the
written statement. The court may allow persons impacted by
the crime who are not victims under subsection (a) of
Section 3 of the Rights of Crime Victims and Witnesses Act
to present an oral or written statement. A victim and any
person making an oral statement shall not be put under
oath or subject to cross-examination. All statements
offered under this paragraph (7) shall become part of the
record of the court. In this paragraph (7), "victim of a
violent crime" means a person who is a victim of a violent
crime for which the defendant has been convicted after a
bench or jury trial or a person who is the victim of a
violent crime with which the defendant was charged and the
defendant has been convicted under a plea agreement of a
crime that is not a violent crime as defined in subsection
(c) of 3 of the Rights of Crime Victims and Witnesses Act;
(7.5) afford a qualified person affected by: (i) a
violation of Section 405, 405.1, 405.2, or 407 of the
Illinois Controlled Substances Act or a violation of
Section 55 or Section 65 of the Methamphetamine Control

HB4499 - 646 - LRB102 21455 LNS 30572 b
and Community Protection Act; or (ii) a Class 4 felony
violation of Section 11-14, 11-14.3 except as described in
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of 1961 or the
Criminal Code of 2012, committed by the defendant the
opportunity to make a statement concerning the impact on
the qualified person and to offer evidence in aggravation
or mitigation; provided that the statement and evidence
offered in aggravation or mitigation shall first be
prepared in writing in conjunction with the State's
Attorney before it may be presented orally at the hearing.
Sworn testimony offered by the qualified person is subject
to the defendant's right to cross-examine. All statements
and evidence offered under this paragraph (7.5) shall
become part of the record of the court. In this paragraph
(7.5), "qualified person" means any person who: (i) lived
or worked within the territorial jurisdiction where the
offense took place when the offense took place; or (ii) is
familiar with various public places within the territorial
jurisdiction where the offense took place when the offense
took place. "Qualified person" includes any peace officer
or any member of any duly organized State, county, or
municipal peace officer unit assigned to the territorial
jurisdiction where the offense took place when the offense
took place;
(8) in cases of reckless homicide afford the victim's

HB4499 - 647 - LRB102 21455 LNS 30572 b
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was
used in the commission of the offense for which the
defendant is being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer
sitting as a judge in that court. Where the judge does not
impose sentence at the same time on all defendants who are
convicted as a result of being involved in the same offense,
the defendant or the State's Attorney may advise the
sentencing court of the disposition of any other defendants
who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment

HB4499 - 648 - LRB102 21455 LNS 30572 b
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury
to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information,
factors in mitigation and aggravation or other reasons that
led to his sentencing determination. The full verbatim record
of the sentencing hearing shall be filed with the clerk of the
court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or
category II weapon, the trial judge shall make a finding as to
whether the conduct leading to conviction for the offense
resulted in great bodily harm to a victim, and shall enter that
finding and the basis for that finding in the record.

HB4499 - 649 - LRB102 21455 LNS 30572 b
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time

HB4499 - 650 - LRB102 21455 LNS 30572 b
served in prison will be longer. The defendant may also
receive an additional one-half day sentence credit for each
day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on
or after July 27, 2001 (the effective date of Public Act
92-176), and when the sentence is imposed for aggravated
driving under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code
committed on or after January 1, 2011 (the effective date of
Public Act 96-1230), the judge's statement, to be given after
pronouncing the sentence, shall include the following:

HB4499 - 651 - LRB102 21455 LNS 30572 b
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least
85% of his or her sentence. Assuming the defendant receives 4
1/2 days credit for each month of his or her sentence, the
period of estimated actual custody is ... years and ...
months. If the defendant, because of his or her own misconduct
or failure to comply with the institutional regulations
receives lesser credit, the actual time served in prison will
be longer."
When a sentence of imprisonment is imposed for first
degree murder and the offense was committed on or after June
19, 1998, the judge's statement, to be given after pronouncing
the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this

HB4499 - 652 - LRB102 21455 LNS 30572 b
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement,
in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United

HB4499 - 653 - LRB102 21455 LNS 30572 b
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist
or physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.

HB4499 - 654 - LRB102 21455 LNS 30572 b
(c-7) In imposing a sentence for a Class 3 or 4 felony,
other than a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act, the court shall
determine and indicate in the sentencing order whether the
defendant has 4 or more or fewer than 4 months remaining on his
or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:

HB4499 - 655 - LRB102 21455 LNS 30572 b
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant
has been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the

HB4499 - 656 - LRB102 21455 LNS 30572 b
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
101-105, eff. 1-1-20; 101-652.)
(730 ILCS 5/5-4.5-95)
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
(a) HABITUAL CRIMINALS.
(1) Every person who has been twice convicted in any
state or federal court of an offense that contains the
same elements as an offense now (the date of the offense
committed after the 2 prior convictions) classified in
Illinois as a Class X felony, criminal sexual assault,
aggravated kidnapping, or first degree murder, and who is
thereafter convicted of a Class X felony, criminal sexual
assault, or first degree murder, committed after the 2
prior convictions, shall be adjudged an habitual criminal.
(2) The 2 prior convictions need not have been for the
same offense.
(3) Any convictions that result from or are connected
with the same transaction, or result from offenses
committed at the same time, shall be counted for the

HB4499 - 657 - LRB102 21455 LNS 30572 b
purposes of this Section as one conviction.
(4) This Section does not apply unless each of the
following requirements are satisfied:
(A) The third offense was committed after July 3,
1980.
(B) The third offense was committed within 20
years of the date that judgment was entered on the
first conviction; provided, however, that time spent
in custody shall not be counted.
(C) The third offense was committed after
conviction on the second offense.
(D) The second offense was committed after
conviction on the first offense.
(E) The first offense was committed when the
person was 21 years of age or older.
(5) Anyone who, having attained the age of 18 at the
time of the third offense, is adjudged an habitual
criminal shall be sentenced to a term of natural life
imprisonment.
(6) A prior conviction shall not be alleged in the
indictment, and no evidence or other disclosure of that
conviction shall be presented to the court or the jury
during the trial of an offense set forth in this Section
unless otherwise permitted by the issues properly raised
in that trial. After a plea or verdict or finding of guilty
and before sentence is imposed, the prosecutor may file

HB4499 - 658 - LRB102 21455 LNS 30572 b
with the court a verified written statement signed by the
State's Attorney concerning any former conviction of an
offense set forth in this Section rendered against the
defendant. The court shall then cause the defendant to be
brought before it; shall inform the defendant of the
allegations of the statement so filed, and of his or her
right to a hearing before the court on the issue of that
former conviction and of his or her right to counsel at
that hearing; and unless the defendant admits such
conviction, shall hear and determine the issue, and shall
make a written finding thereon. If a sentence has
previously been imposed, the court may vacate that
sentence and impose a new sentence in accordance with this
Section.
(7) A duly authenticated copy of the record of any
alleged former conviction of an offense set forth in this
Section shall be prima facie evidence of that former
conviction; and a duly authenticated copy of the record of
the defendant's final release or discharge from probation
granted, or from sentence and parole supervision (if any)
imposed pursuant to that former conviction, shall be prima
facie evidence of that release or discharge.
(8) Any claim that a previous conviction offered by
the prosecution is not a former conviction of an offense
set forth in this Section because of the existence of any
exceptions described in this Section, is waived unless

HB4499 - 659 - LRB102 21455 LNS 30572 b
duly raised at the hearing on that conviction, or unless
the prosecution's proof shows the existence of the
exceptions described in this Section.
(9) If the person so convicted shows to the
satisfaction of the court before whom that conviction was
had that he or she was released from imprisonment, upon
either of the sentences upon a pardon granted for the
reason that he or she was innocent, that conviction and
sentence shall not be considered under this Section.
(b) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 forcible felony, except for
an offense listed in subsection (c) of this Section, after
having twice been convicted in any state or federal court of an
offense that contains the same elements as an offense now (the
date the Class 1 or Class 2 forcible felony was committed)
classified in Illinois as a Class 2 or greater Class forcible
felony, except for an offense listed in subsection (c) of this
Section, and those charges are separately brought and tried
and arise out of different series of acts, that defendant
shall be sentenced as a Class X offender. This subsection does
not apply unless:
(1) the first forcible felony was committed after
February 1, 1978 (the effective date of Public Act
80-1099);
(2) the second forcible felony was committed after
conviction on the first; and

HB4499 - 660 - LRB102 21455 LNS 30572 b
(3) the third forcible felony was committed after
conviction on the second; and
(4) the first offense was committed when the person
was 21 years of age or older.
(c) (Blank). Subsection (b) of this Section does not apply
to Class 1 or Class 2 felony convictions for a violation of
Section 16-1 of the Criminal Code of 2012.
A person sentenced as a Class X offender under this
subsection (b) is not eligible to apply for treatment as a
condition of probation as provided by Section 40-10 of the
Substance Use Disorder Act (20 ILCS 301/40-10).
(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759,
eff. 1-1-19; 101-652.)
(730 ILCS 5/5-4.5-100)
Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.
(a) COMMENCEMENT. A sentence of imprisonment shall
commence on the date on which the offender is received by the
Department or the institution at which the sentence is to be
served.
(b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set
forth in subsection (e), the offender shall be given credit on
the determinate sentence or maximum term and the minimum
period of imprisonment for the number of days spent in custody
as a result of the offense for which the sentence was imposed.
The Department shall calculate the credit at the rate

HB4499 - 661 - LRB102 21455 LNS 30572 b
specified in Section 3-6-3 (730 ILCS 5/3-6-3). The Except when
prohibited by subsection (d), the trial court shall give
credit to the defendant for time spent in home detention on the
same sentencing terms as incarceration as provided in Section
5-8A-3 (730 ILCS 5/5-8A-3). Home detention for purposes of
credit includes restrictions on liberty such as curfews
restricting movement for 12 hours or more per day and
electronic monitoring that restricts travel or movement.
Electronic monitoring is not required for home detention to be
considered custodial for purposes of sentencing credit. The
trial court may give credit to the defendant for the number of
days spent confined for psychiatric or substance abuse
treatment prior to judgment, if the court finds that the
detention or confinement was custodial.
(c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender
arrested on one charge and prosecuted on another charge for
conduct that occurred prior to his or her arrest shall be given
credit on the determinate sentence or maximum term and the
minimum term of imprisonment for time spent in custody under
the former charge not credited against another sentence.
(c-5) CREDIT; PROGRAMMING. The trial court shall give the
defendant credit for successfully completing county
programming while in custody prior to imposition of sentence
at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For
the purposes of this subsection, "custody" includes time spent
in home detention.

HB4499 - 662 - LRB102 21455 LNS 30572 b
(d) (Blank). NO CREDIT; SOME HOME DETENTION. An offender
sentenced to a term of imprisonment for an offense listed in
paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS
5/5-5-3) or in paragraph (3) of subsection (c-1) of Section
11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall
not receive credit for time spent in home detention prior to
judgment.
(e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED
RELEASE, OR PROBATION. An offender charged with the commission
of an offense committed while on parole, mandatory supervised
release, or probation shall not be given credit for time spent
in custody under subsection (b) for that offense for any time
spent in custody as a result of a revocation of parole,
mandatory supervised release, or probation where such
revocation is based on a sentence imposed for a previous
conviction, regardless of the facts upon which the revocation
of parole, mandatory supervised release, or probation is
based, unless both the State and the defendant agree that the
time served for a violation of mandatory supervised release,
parole, or probation shall be credited towards the sentence
for the current offense.
(Source: P.A. 96-1000, eff. 7-2-10; 97-697, eff. 6-22-12;
101-652.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for

HB4499 - 663 - LRB102 21455 LNS 30572 b
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, subject to Section 5-4.5-115
of this Code, according to the following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection
(a)(1)(c) of this Section, that any of the aggravating
factors listed in subsection (b) or (b-5) of Section
9-1 of the Criminal Code of 1961 or the Criminal Code
of 2012 are present, the court may sentence the
defendant, subject to Section 5-4.5-105, to a term of
natural life imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and:
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than
one victim, or

HB4499 - 664 - LRB102 21455 LNS 30572 b
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental

HB4499 - 665 - LRB102 21455 LNS 30572 b
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) (blank), or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging
in activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d)(i) if the person committed the offense while
armed with a firearm, 15 years shall be added to

HB4499 - 666 - LRB102 21455 LNS 30572 b
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall
be added to the term of imprisonment imposed by the
court;
(iii) if, during the commission of the offense,
the person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person, 25 years or up to a term of natural
life shall be added to the term of imprisonment
imposed by the court.
(2) (blank);
(2.5) for a person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted under the circumstances described in subdivision
(b)(1)(B) of Section 11-1.20 or paragraph (3) of
subsection (b) of Section 12-13, subdivision (d)(2) of
Section 11-1.30 or paragraph (2) of subsection (d) of
Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
paragraph (1.2) of subsection (b) of Section 12-14.1,
subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
subsection (b) of Section 12-14.1 of the Criminal Code of
1961 or the Criminal Code of 2012, the sentence shall be a
term of natural life imprisonment.
(b) (Blank).

HB4499 - 667 - LRB102 21455 LNS 30572 b
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8,
the parole or mandatory supervised release term shall be
written as part of the sentencing order and shall be as
follows:
(1) for first degree murder or for the offenses of
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, and criminal sexual assault if
committed on or before December 12, 2005 or a Class X
felony except for the offenses of predatory criminal
sexual assault of a child, aggravated criminal sexual
assault, and criminal sexual assault if committed on or
after the effective date of this amendatory Act of the
94th General Assembly and except for the offense of
aggravated child pornography under Section 11-20.1B,
11-20.3, or 11-20.1 with sentencing under subsection (c-5)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, if committed on or after January 1,
2009, 3 years;
(1.5) except as provided in paragraph (7) of this
subsection (d), for a Class X felony except for the
offenses of predatory criminal sexual assault of a child,
aggravated criminal sexual assault, and criminal sexual
assault if committed on or after December 13, 2005 (the
effective date of Public Act 94-715) and except for the
offense of aggravated child pornography under Section

HB4499 - 668 - LRB102 21455 LNS 30572 b
11-20.1B., 11-20.3, or 11-20.1 with sentencing under
subsection (c-5) of Section 11-20.1 of the Criminal Code
of 1961 or the Criminal Code of 2012, if committed on or
after January 1, 2009, 18 months;
(2) except as provided in paragraph (7) of this
subsection (d), for a Class 1 felony or a Class 2 felony
except for the offense of criminal sexual assault if
committed on or after December 13, 2005 (the effective
date of Public Act 94-715) this amendatory Act of the 94th
General Assembly and except for the offenses of
manufacture and dissemination of child pornography under
clauses (a)(1) and (a)(2) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 12 months 2 years;
(3) except as provided in paragraph (4), (6), or (7)
of this subsection (d), a mandatory supervised release
term shall not be imposed for a Class 3 felony or a Class 4
felony; unless:
(A) the Prisoner Review Board, based on a
validated risk and needs assessment, determines it is
necessary for an offender to serve a mandatory
supervised release term;
(B) if the Prisoner Review Board determines a
mandatory supervised release term is necessary
pursuant to subparagraph (A) of this paragraph (3),
the Prisoner Review Board shall specify the maximum

HB4499 - 669 - LRB102 21455 LNS 30572 b
number of months of mandatory supervised release the
offender may serve, limited to a term of: (i) 12 months
for a Class 3 felony; and (ii) 12 months for a Class 4
felony for a Class 3 felony or a Class 4 felony, 1
year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after
December 13, 2005 (the effective date of Public Act
94-715) this amendatory Act of the 94th General Assembly,
or who commit the offense of aggravated child pornography
under Section 11-20.1B, 11-20.3, or 11-20.1 with
sentencing under subsection (c-5) of Section 11-20.1 of
the Criminal Code of 1961 or the Criminal Code of 2012,
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, the term of
mandatory supervised release shall range from a minimum of
3 years to a maximum of the natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under
Article 8A of Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony

HB4499 - 670 - LRB102 21455 LNS 30572 b
violation of an order of protection, 4 years; .
(7) for any felony described in paragraph (a)(2)(ii),
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
3-6-3 of the Unified Code of Corrections requiring an
inmate to serve a minimum of 85% of their court-imposed
sentence, except for the offenses of predatory criminal
sexual assault of a child, aggravated criminal sexual
assault, and criminal sexual assault if committed on or
after December 13, 2005 (the effective date of Public Act
94-715) and except for the offense of aggravated child
pornography under Section 11-20.1B., 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
if committed on or after January 1, 2009 and except as
provided in paragraph (4) or paragraph (6) of this
subsection (d), the term of mandatory supervised release
shall be as follows:
(A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.
(e) (Blank).
(f) (Blank).
(g) Notwithstanding any other provisions of this Act and
of Public Act 101-652: (i) the provisions of paragraph (3) of
subsection (d) are effective on January 1, 2022 and shall

HB4499 - 671 - LRB102 21455 LNS 30572 b
apply to all individuals convicted on or after the effective
date of paragraph (3) of subsection (d); and (ii) the
provisions of paragraphs (1.5) and (2) of subsection (d) are
effective on July 1, 2021 and shall apply to all individuals
convicted on or after the effective date of paragraphs (1.5)
and (2) of subsection (d).
(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
102-28, eff. 6-25-21; revised 8-2-21.)
(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
Sec. 5-8-6. Place of confinement.
(a) Except as otherwise provided in this subsection (a),
offenders Offenders sentenced to a term of imprisonment for a
felony shall be committed to the penitentiary system of the
Department of Corrections. However, such sentence shall not
limit the powers of the Department of Children and Family
Services in relation to any child under the age of one year in
the sole custody of a person so sentenced, nor in relation to
any child delivered by a female so sentenced while she is so
confined as a consequence of such sentence. Except as
otherwise provided in this subsection (a), a A person
sentenced for a felony may be assigned by the Department of
Corrections to any of its institutions, facilities or
programs. An offender sentenced to a term of imprisonment for
a Class 3 or 4 felony, other than a violent crime as defined in
Section 3 of the Rights of Crime Victims and Witnesses Act, in

HB4499 - 672 - LRB102 21455 LNS 30572 b
which the sentencing order indicates that the offender has
less than 4 months remaining on his or her sentence accounting
for time served may not be confined in the penitentiary system
of the Department of Corrections but may be assigned to
electronic home detention under Article 8A of this Chapter V,
an adult transition center, or another facility or program
within the Department of Corrections.
(b) Offenders sentenced to a term of imprisonment for less
than one year shall be committed to the custody of the sheriff.
A person committed to the Department of Corrections, prior to
July 14, 1983, for less than one year may be assigned by the
Department to any of its institutions, facilities or programs.
(c) All offenders under 18 years of age when sentenced to
imprisonment shall be committed to the Department of Juvenile
Justice and the court in its order of commitment shall set a
definite term. The provisions of Section 3-3-3 shall be a part
of such commitment as fully as though written in the order of
commitment. The place of confinement for sentences imposed
before the effective date of this amendatory Act of the 99th
General Assembly are not affected or abated by this amendatory
Act of the 99th General Assembly.
(d) No defendant shall be committed to the Department of
Corrections for the recovery of a fine or costs.
(e) When a court sentences a defendant to a term of
imprisonment concurrent with a previous and unexpired sentence
of imprisonment imposed by any district court of the United

HB4499 - 673 - LRB102 21455 LNS 30572 b
States, it may commit the offender to the custody of the
Attorney General of the United States. The Attorney General of
the United States, or the authorized representative of the
Attorney General of the United States, shall be furnished with
the warrant of commitment from the court imposing sentence,
which warrant of commitment shall provide that, when the
offender is released from federal confinement, whether by
parole or by termination of sentence, the offender shall be
transferred by the Sheriff of the committing county to the
Department of Corrections. The court shall cause the
Department to be notified of such sentence at the time of
commitment and to be provided with copies of all records
regarding the sentence.
(Source: P.A. 99-628, eff. 1-1-17; 101-652.)
(730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
Sec. 5-8A-2. Definitions. As used in this Article:
(A) "Approved electronic monitoring device" means a device
approved by the supervising authority which is primarily
intended to record or transmit information as to the
defendant's presence or nonpresence in the home, consumption
of alcohol, consumption of drugs, location as determined
through GPS, cellular triangulation, Wi-Fi, or other
electronic means.
An approved electronic monitoring device may record or
transmit: oral or wire communications or an auditory sound;

HB4499 - 674 - LRB102 21455 LNS 30572 b
visual images; or information regarding the offender's
activities while inside the offender's home. These devices are
subject to the required consent as set forth in Section 5-8A-5
of this Article.
An approved electronic monitoring device may be used to
record a conversation between the participant and the
monitoring device, or the participant and the person
supervising the participant solely for the purpose of
identification and not for the purpose of eavesdropping or
conducting any other illegally intrusive monitoring.
(A-10) "Department" means the Department of Corrections or
the Department of Juvenile Justice.
(A-20) "Electronic monitoring" means the monitoring of an
inmate, person, or offender with an electronic device both
within and outside of their home under the terms and
conditions established by the supervising authority.
(B) "Excluded offenses" means first degree murder, escape,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, aggravated
battery with a firearm as described in Section 12-4.2 or
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
12-3.05, bringing or possessing a firearm, ammunition or
explosive in a penal institution, any "Super-X" drug offense
or calculated criminal drug conspiracy or streetgang criminal
drug conspiracy, or any predecessor or successor offenses with
the same or substantially the same elements, or any inchoate

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offenses relating to the foregoing offenses.
(B-10) "GPS" means a device or system which utilizes the
Global Positioning Satellite system for determining the
location of a person, inmate or offender.
(C) "Home detention" means the confinement of a person
convicted or charged with an offense to his or her place of
residence under the terms and conditions established by the
supervising authority. Confinement need not be 24 hours per
day to qualify as home detention, and significant restrictions
on liberty such as 7pm to 7am curfews shall qualify. Home
confinement may or may not be accompanied by electronic
monitoring, and electronic monitoring is not required for
purposes of sentencing credit.
(D) "Participant" means an inmate or offender placed into
an electronic monitoring program.
(E) "Supervising authority" means the Department of
Corrections, the Department of Juvenile Justice, probation
department, a Chief Judge's office, pretrial services division
or department, sheriff, superintendent of municipal house of
corrections or any other officer or agency charged with
authorizing and supervising electronic monitoring and home
detention.
(F) "Super-X drug offense" means a violation of Section
401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);
Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
(C), or (D) of the Illinois Controlled Substances Act.

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(G) "Wi-Fi" or "WiFi" means a device or system which
utilizes a wireless local area network for determining the
location of a person, inmate or offender.
(Source: P.A. 99-797, eff. 8-12-16; 101-652.)
(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
Sec. 5-8A-4. Program description. The supervising
authority may promulgate rules that prescribe reasonable
guidelines under which an electronic monitoring and home
detention program shall operate. When using electronic
monitoring for home detention these rules may shall include,
but not be limited to, the following:
(A) The participant may be instructed to shall remain
within the interior premises or within the property
boundaries of his or her residence at all times during the
hours designated by the supervising authority. Such
instances of approved absences from the home shall may
include, but are not limited to, the following:
(1) working or employment approved by the court or
traveling to or from approved employment;
(2) unemployed and seeking employment approved for
the participant by the court;
(3) undergoing medical, psychiatric, mental health
treatment, counseling, or other treatment programs
approved for the participant by the court;
(4) attending an educational institution or a

HB4499 - 677 - LRB102 21455 LNS 30572 b
program approved for the participant by the court;
(5) attending a regularly scheduled religious
service at a place of worship;
(6) participating in community work release or
community service programs approved for the
participant by the supervising authority; or
(7) for another compelling reason consistent with
the public interest, as approved by the supervising
authority; or .
(8) purchasing groceries, food, or other basic
necessities.
(A-1) At a minimum, any person ordered to pretrial
home confinement with or without electronic monitoring
must be provided with movement spread out over no fewer
than two days per week, to participate in basic activities
such as those listed in paragraph (A).
(B) The participant shall admit any person or agent
designated by the supervising authority into his or her
residence at any time for purposes of verifying the
participant's compliance with the conditions of his or her
detention.
(C) The participant shall make the necessary
arrangements to allow for any person or agent designated
by the supervising authority to visit the participant's
place of education or employment at any time, based upon
the approval of the educational institution employer or

HB4499 - 678 - LRB102 21455 LNS 30572 b
both, for the purpose of verifying the participant's
compliance with the conditions of his or her detention.
(D) The participant shall acknowledge and participate
with the approved electronic monitoring device as
designated by the supervising authority at any time for
the purpose of verifying the participant's compliance with
the conditions of his or her detention.
(E) The participant shall maintain the following:
(1) access to a working telephone in the
participant's home;
(2) a monitoring device in the participant's home,
or on the participant's person, or both; and
(3) a monitoring device in the participant's home
and on the participant's person in the absence of a
telephone.
(F) The participant shall obtain approval from the
supervising authority before the participant changes
residence or the schedule described in subsection (A) of
this Section. Such approval shall not be unreasonably
withheld.
(G) The participant shall not commit another crime
during the period of home detention ordered by the Court.
(H) Notice to the participant that violation of the
order for home detention may subject the participant to
prosecution for the crime of escape as described in
Section 5-8A-4.1.

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(I) The participant shall abide by other conditions as
set by the supervising authority.
(J) This Section takes effect January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
revised 8-3-21.)
(730 ILCS 5/5-8A-4.1)
Sec. 5-8A-4.1. Escape; failure to comply with a condition
of the electronic monitoring or home detention program.
(a) A person charged with or convicted of a felony, or
charged with or adjudicated delinquent for an act which, if
committed by an adult, would constitute a felony,
conditionally released from the supervising authority through
an electronic monitoring or home detention program, who
knowingly violates a condition of the electronic monitoring or
home detention program and remains in violation for at least
48 hours is guilty of a Class 3 felony.
(b) A person charged with or convicted of a misdemeanor,
or charged with or adjudicated delinquent for an act which, if
committed by an adult, would constitute a misdemeanor,
conditionally released from the supervising authority through
an electronic monitoring or home detention program, who
knowingly violates a condition of the electronic monitoring or
home detention program and remains in violation for at least
48 hours is guilty of a Class B misdemeanor.
(c) A person who violates this Section while armed with a

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dangerous weapon is guilty of a Class 1 felony.
(Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17;
101-652.)
(730 ILCS 5/5-6-3.8 rep.)
Section 265. The Unified Code of Corrections is amended by
repealing Section 5-6-3.8.
Section 270. 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 275. The County Jail Act is amended by changing
Section 5 as follows:
(730 ILCS 125/5) (from Ch. 75, par. 105)

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Sec. 5. Costs of maintaining prisoners.
(a) Except as provided in subsections (b) and (c), all
costs of maintaining persons committed for violations of
Illinois law, shall be the responsibility of the county.
Except as provided in subsection (b), all costs of maintaining
persons committed under any ordinance or resolution of a unit
of local 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

HB4499 - 682 - LRB102 21455 LNS 30572 b
incarcerated in the county jail, which notice shall not be
given until the bail hearing has concluded, if the person is
incarcerated on a new charge; and (iv) the person remains
incarcerated in the county jail for more than 48 hours after
the notice has been given to the Department of Corrections by
the county. Calculation of the per diem cost shall be agreed
upon prior to the passage of the 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 280. The County Jail Good Behavior Allowance Act
is amended by changing Section 3 as follows:
(730 ILCS 130/3) (from Ch. 75, par. 32)

HB4499 - 683 - LRB102 21455 LNS 30572 b
Sec. 3. The good behavior of any person who commences a
sentence of confinement in a county jail for a fixed term of
imprisonment after January 1, 1987 shall entitle such person
to a good behavior allowance, except that: (1) a person who
inflicted physical harm upon another person in committing the
offense for which he is confined shall receive no good
behavior allowance; and (2) a person sentenced for an offense
for which 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:

HB4499 - 684 - LRB102 21455 LNS 30572 b
The prisoner shall receive one day of good behavior
allowance for each day of service of sentence in the county
jail, and one day of good behavior allowance for each day of
incarceration in the county jail before sentencing for the
offense that he or she is currently serving sentence but was
unable to comply with the conditions of pretrial release post
bail before sentencing, except that a prisoner serving a
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 285. The Veterans and Servicemembers Court

HB4499 - 685 - LRB102 21455 LNS 30572 b
Treatment Act is amended by changing Section 20 as follows:
(730 ILCS 167/20)
Sec. 20. Eligibility. Veterans and Servicemembers are
eligible for Veterans and Servicemembers Courts, provided the
following:
(a) A defendant, who is eligible for probation based on
the nature of the crime convicted of and in consideration of
his or her criminal background, if any, may be admitted into a
Veterans and Servicemembers Court program before adjudication
only upon the agreement of the defendant and with the approval
of the Court. A defendant may be admitted into a Veterans and
Servicemembers Court program post-adjudication only with the
approval of the court.
(b) A defendant shall be excluded from Veterans and
Servicemembers Court program if any of one of the following
applies:
(1) The crime is a crime of violence as set forth in
clause (3) of this subsection (b).
(2) The defendant does not demonstrate a willingness
to participate in a treatment program.
(3) The defendant has been convicted of a crime of
violence within the past 10 years excluding incarceration
time, including first degree murder, second degree murder,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, armed

HB4499 - 686 - LRB102 21455 LNS 30572 b
robbery, aggravated arson, arson, aggravated kidnapping
and kidnapping, aggravated battery resulting in great
bodily harm or permanent disability, stalking, aggravated
stalking, or any offense involving the discharge of a
firearm.
(4) (Blank).
(5) (Blank). The crime for which the defendant has
been convicted is non-probationable.
(6) The sentence imposed on the defendant, whether the
result of a plea or a finding of guilt, renders the
defendant ineligible for probation.
(Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18;
101-652.)
Section 290. The Mental Health Court Treatment Act is
amended by changing Section 20 as follows:
(730 ILCS 168/20)
Sec. 20. Eligibility.
(a) A defendant, who is eligible for probation based on
the nature of the crime convicted of and in consideration of
his or her criminal background, if any, may be admitted into a
mental health court program only upon the agreement of the
defendant and with the approval of the court.
(b) A defendant shall be excluded from a mental health
court program if any one of the following applies:

HB4499 - 687 - LRB102 21455 LNS 30572 b
(1) The crime is a crime of violence as set forth in
clause (3) of this subsection (b).
(2) The defendant does not demonstrate a willingness
to participate in a treatment program.
(3) The defendant has been convicted of a crime of
violence within the past 10 years excluding incarceration
time. As used in this paragraph (3), "crime of violence"
means: first degree murder, second degree murder,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, armed
robbery, aggravated arson, arson, aggravated kidnapping,
kidnapping, aggravated battery resulting in great bodily
harm or permanent disability, stalking, aggravated
stalking, or any offense involving the discharge of a
firearm.
(4) (Blank).
(5) (Blank). The crime for which the defendant has
been convicted is non-probationable.
(6) The sentence imposed on the defendant, whether the
result of a plea or a finding of guilt, renders the
defendant ineligible for probation.
(c) A defendant charged with prostitution under Section
11-14 of the Criminal Code of 2012 may be admitted into a
mental health court program, if available in the jurisdiction
and provided that the requirements in subsections (a) and (b)
are satisfied. Mental health court programs may include

HB4499 - 688 - LRB102 21455 LNS 30572 b
specialized service programs specifically designed to address
the trauma associated with prostitution and human trafficking,
and may offer those specialized services to defendants
admitted to the mental health court program. Judicial circuits
establishing these specialized programs shall partner with
prostitution and human trafficking advocates, survivors, and
service providers in the development of the programs.
(Source: P.A. 100-426, eff. 1-1-18; 101-652.)
Section 295. The Code of Civil Procedure is amended by
changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and
21-103 as follows:
(735 ILCS 5/10-106) (from Ch. 110, par. 10-106)
Sec. 10-106. Grant of relief - Penalty. Unless it shall
appear from the complaint itself, or from the documents
thereto annexed, that the party can neither be discharged,
admitted to pretrial release bail nor otherwise relieved, the
court shall forthwith award relief by habeas corpus. Any judge
empowered to grant relief by habeas corpus who shall corruptly
refuse to grant the relief when legally applied for in a case
where it may lawfully be granted, or who shall for the purpose
of oppression unreasonably delay the granting of such relief
shall, for every such offense, forfeit to the prisoner or
party affected a sum not exceeding $1,000.
(Source: P.A. 83-707; 101-652.)

HB4499 - 689 - LRB102 21455 LNS 30572 b
(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
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

HB4499 - 690 - LRB102 21455 LNS 30572 b
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
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.)

HB4499 - 691 - LRB102 21455 LNS 30572 b
(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.)
(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

HB4499 - 692 - LRB102 21455 LNS 30572 b
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
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.

HB4499 - 693 - LRB102 21455 LNS 30572 b
(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.
(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

HB4499 - 694 - LRB102 21455 LNS 30572 b
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
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;

HB4499 - 695 - LRB102 21455 LNS 30572 b
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
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

HB4499 - 696 - LRB102 21455 LNS 30572 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.

HB4499 - 697 - LRB102 21455 LNS 30572 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 pretrial release bail under subsections (b)
through (d) of Section 110-10 of the Code of Criminal
Procedure of 1963, or a similar provision of a law in
another state or jurisdiction.
The petitioner may attach to the statement any supporting
documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that
disclosure of the petitioner's address would put the
petitioner or any member of the petitioner's family or
household at risk or reveal the confidential address of a
shelter for domestic violence victims, that address may be
omitted from all documents filed with the court, and the
petitioner may designate an alternative address for service.
(c-3) Court administrators may allow domestic abuse
advocates, rape crisis advocates, and victim advocates to
assist petitioners in the preparation of name changes under

HB4499 - 698 - LRB102 21455 LNS 30572 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;
101-652, eff. 1-1-23; 102-538, eff. 8-20-21; revised
10-12-21.)
Section 300. The Civil No Contact Order Act is amended by
changing Section 220 as follows:
(740 ILCS 22/220)
Sec. 220. Enforcement of a civil no contact order.
(a) Nothing in this Act shall preclude any Illinois court
from enforcing a valid protective order issued in another
state.
(b) Illinois courts may enforce civil no contact orders
through both criminal proceedings and civil contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional

HB4499 - 699 - LRB102 21455 LNS 30572 b
prohibition against double jeopardy.
(b-1) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) Criminal prosecution. A violation of any civil no
contact order, whether issued in a civil or criminal
proceeding, shall be enforced by a criminal court when the
respondent commits the crime of violation of a civil no
contact order pursuant to Section 219 by having knowingly
violated:
(1) remedies described in Section 213 and included in
a civil no contact order; or
(2) a provision of an order, which is substantially
similar to provisions of Section 213, in a valid civil no
contact order which is authorized under the laws of
another state, tribe, or United States territory.
Prosecution for a violation of a civil no contact order
shall not bar a concurrent prosecution for any other crime,

HB4499 - 700 - LRB102 21455 LNS 30572 b
including any crime that may have been committed at the time of
the violation of the civil no contact order.
(d) Contempt of court. A violation of any valid Illinois
civil no contact order, whether issued in a civil or criminal
proceeding, may be enforced through civil or criminal contempt
procedures, as appropriate, by any court with jurisdiction,
regardless of where the act or acts which violated the civil no
contact order were committed, to the extent consistent with
the venue provisions of this Act.
(1) In a contempt proceeding where the petition for a
rule to show cause or petition for adjudication of
criminal contempt sets forth facts evidencing an immediate
danger that the respondent will flee the jurisdiction or
inflict physical abuse on the petitioner or minor children
or on dependent adults in the petitioner's care, the court
may order the attachment of the respondent without prior
service of the petition for a rule to show cause, the rule
to show cause, the petition for adjudication of criminal
contempt or the adjudication of criminal contempt.
Conditions of release Bond shall be set unless
specifically denied in writing.
(2) A petition for a rule to show cause or a petition
for adjudication of criminal contempt for violation of a
civil no contact order shall be treated as an expedited
proceeding.
(e) Actual knowledge. A civil no contact order may be

HB4499 - 701 - LRB102 21455 LNS 30572 b
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) by service, delivery, or notice under Section 208;
(2) by notice under Section 218;
(3) by service of a civil no contact order under
Section 218; or
(4) by other means demonstrating actual knowledge of
the contents of the order.
(f) The enforcement of a civil no contact order in civil or
criminal court shall not be affected by either of the
following:
(1) the existence of a separate, correlative order,
entered under Section 202; or
(2) any finding or order entered in a conjoined
criminal proceeding.
(g) Circumstances. The court, when determining whether or
not a violation of a civil no contact order has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(h) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a
crime or contempt of court under subsection (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt

HB4499 - 702 - LRB102 21455 LNS 30572 b
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any civil no contact order over any penalty
previously imposed by any court for respondent's
violation of any civil no contact order or penal
statute involving petitioner as victim and respondent
as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
civil no contact order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a civil no contact order unless the court
explicitly finds that an increased penalty or that
period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of a civil no contact order, a criminal court
may consider evidence of any previous violations of a

HB4499 - 703 - LRB102 21455 LNS 30572 b
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 305. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 223 and 301 as follows:
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding,
shall be enforced by a criminal court when:
(1) The respondent commits the crime of violation of
an order of protection pursuant to Section 12-3.4 or 12-30
of the Criminal Code of 1961 or the Criminal Code of 2012,
by having knowingly violated:

HB4499 - 704 - LRB102 21455 LNS 30572 b
(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
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

HB4499 - 705 - LRB102 21455 LNS 30572 b
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.
(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

HB4499 - 706 - LRB102 21455 LNS 30572 b
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
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

HB4499 - 707 - LRB102 21455 LNS 30572 b
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
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

HB4499 - 708 - LRB102 21455 LNS 30572 b
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
(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

HB4499 - 709 - LRB102 21455 LNS 30572 b
of pretrial release bail bond on an underlying
criminal charge pursuant to Section 110-6 of the Code
of Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(5) In addition to any other penalties, the court
shall impose an additional fine of $20 as authorized by
Section 5-9-1.11 of the Unified Code of Corrections upon
any person convicted of or placed on supervision for a
violation of an order of protection. The additional fine
shall be imposed for each violation of this Section.
(Source: P.A. 99-90, eff. 1-1-16; 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

HB4499 - 710 - LRB102 21455 LNS 30572 b
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.)
(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

HB4499 - 711 - LRB102 21455 LNS 30572 b
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 310. The Industrial and Linen Supplies Marking Law
is amended by changing Section 11 as follows:
(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

HB4499 - 712 - LRB102 21455 LNS 30572 b
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 315. The Illinois Torture Inquiry and Relief
Commission Act is amended by changing Section 50 as follows:
(775 ILCS 40/50)
Sec. 50. Post-commission judicial review.
(a) If the Commission concludes there is sufficient
evidence of torture to merit judicial review, the Chair of the
Commission shall request the Chief Judge of the Circuit Court
of Cook County for assignment to a trial judge for
consideration. The court may receive proof by affidavits,
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

HB4499 - 713 - LRB102 21455 LNS 30572 b
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 320. The Unemployment Insurance Act is amended by
changing Section 602 as follows:
(820 ILCS 405/602) (from Ch. 48, par. 432)
Sec. 602. Discharge for misconduct - Felony.
A. An individual shall be ineligible for benefits for the
week in which he has been discharged for misconduct connected
with his work and, thereafter, until he has become reemployed
and has had earnings equal to or in excess of his current
weekly benefit amount in each of four calendar weeks which are
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

HB4499 - 714 - LRB102 21455 LNS 30572 b
unit. For purposes of this subsection, the term "misconduct"
means the deliberate and willful violation of a reasonable
rule or policy of the employing unit, governing the
individual's behavior in performance of his work, provided
such violation has harmed the employing unit or other
employees or has been repeated by the individual despite a
warning or other explicit instruction from the employing unit.
The previous definition notwithstanding, "misconduct" shall
include any of the following work-related circumstances:
1. Falsification of an employment application, or any
other documentation provided to the employer, to obtain
employment through subterfuge.
2. Failure to maintain licenses, registrations, and
certifications reasonably required by the employer, or
those that the individual is required to possess by law,
to perform his or her regular job duties, unless the
failure is not within the control of the individual.
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

HB4499 - 715 - LRB102 21455 LNS 30572 b
writing, electronically, or via posting in the workplace.
4. Damaging the employer's property through conduct
that is grossly negligent.
5. Refusal to obey an employer's reasonable and lawful
instruction, unless the refusal is due to the lack of
ability, skills, or training for the individual required
to obey the instruction or the instruction would result in
an unsafe act.
6. Consuming alcohol or illegal or non-prescribed
prescription drugs, or using an impairing substance in an
off-label manner, on the employer's premises during
working hours in violation of the employer's policies.
7. Reporting to work under the influence of alcohol,
illegal or non-prescribed prescription drugs, or an
impairing substance used in an off-label manner in
violation of the employer's policies, unless the
individual is compelled to report to work by the employer
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,

HB4499 - 716 - LRB102 21455 LNS 30572 b
aware of a substantial risk that the conduct will result in the
harm sought to be prevented and the conduct constitutes a
substantial deviation from the standard of care a reasonable
person would exercise in the situation.
Nothing in paragraph 6 or 7 prohibits the lawful use of
over-the-counter drug products as defined in Section 206 of
the Illinois Controlled Substances Act, provided that the
medication does not affect the safe performance of the
employee's work duties.
B. Notwithstanding any other provision of this Act, no
benefit rights shall accrue to any individual based upon wages
from any employer for service rendered prior to the day upon
which such individual was discharged because of the commission
of a felony in connection with his work, or because of theft in
connection with his work, for which the employer was in no way
responsible; provided, that the employer notified the Director
of such possible ineligibility within the time limits
specified 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

HB4499 - 717 - LRB102 21455 LNS 30572 b
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.)
(730 ILCS 5/3-6-7.1 rep.)
(730 ILCS 5/3-6-7.2 rep.)
(730 ILCS 5/3-6-7.3 rep.)
(730 ILCS 5/3-6-7.4 rep.)
Section 325. The Unified Code of Corrections is amended by
repealing Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4.
(730 ILCS 125/17.6 rep.)
(730 ILCS 125/17.7 rep.)
(730 ILCS 125/17.8 rep.)
(730 ILCS 125/17.9 rep.)
Section 330. The County Jail Act is amended by repealing
Sections 17.6, 17.7, 17.8, and 17.9.
Section 335. The Unified Code of Corrections is amended by
changing Section 5-4-1 as follows:
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence.

HB4499 - 718 - LRB102 21455 LNS 30572 b
However, prior to the imposition of sentence on an individual
being sentenced for an offense based upon a charge for a
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance, the individual must
undergo a professional evaluation to determine if an alcohol
or other drug abuse problem exists and the extent of such a
problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the
individual is not a resident of Illinois, the court may, in its
discretion, accept an evaluation from a program in the state
of such individual's residence. The court may in its
sentencing order approve an eligible defendant for placement
in a Department of Corrections impact incarceration program as
provided in Section 5-8-1.1 or 5-8-1.3. The court may in its
sentencing order recommend a defendant for placement in a
Department of Corrections substance abuse treatment program as
provided in paragraph (a) of subsection (1) of Section 3-2-2
conditioned upon the defendant being accepted in a program by
the Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the

HB4499 - 719 - LRB102 21455 LNS 30572 b
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a
violation of Section 11-501 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, the
opportunity to present an oral or written statement, as
guaranteed by Article I, Section 8.1 of the Illinois
Constitution and provided in Section 6 of the Rights of
Crime Victims and Witnesses Act. The court shall allow a
victim to make an oral statement if the victim is present
in the courtroom and requests to make an oral or written
statement. An oral or written statement includes the
victim or a representative of the victim reading the
written statement. The court may allow persons impacted by
the crime who are not victims under subsection (a) of
Section 3 of the Rights of Crime Victims and Witnesses Act
to present an oral or written statement. A victim and any
person making an oral statement shall not be put under
oath or subject to cross-examination. All statements
offered under this paragraph (7) shall become part of the

HB4499 - 720 - LRB102 21455 LNS 30572 b
record of the court. In this paragraph (7), "victim of a
violent crime" means a person who is a victim of a violent
crime for which the defendant has been convicted after a
bench or jury trial or a person who is the victim of a
violent crime with which the defendant was charged and the
defendant has been convicted under a plea agreement of a
crime that is not a violent crime as defined in subsection
(c) of 3 of the Rights of Crime Victims and Witnesses Act;
(7.5) afford a qualified person affected by: (i) a
violation of Section 405, 405.1, 405.2, or 407 of the
Illinois Controlled Substances Act or a violation of
Section 55 or Section 65 of the Methamphetamine Control
and Community Protection Act; or (ii) a Class 4 felony
violation of Section 11-14, 11-14.3 except as described in
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of 1961 or the
Criminal Code of 2012, committed by the defendant the
opportunity to make a statement concerning the impact on
the qualified person and to offer evidence in aggravation
or mitigation; provided that the statement and evidence
offered in aggravation or mitigation shall first be
prepared in writing in conjunction with the State's
Attorney before it may be presented orally at the hearing.
Sworn testimony offered by the qualified person is subject
to the defendant's right to cross-examine. All statements
and evidence offered under this paragraph (7.5) shall

HB4499 - 721 - LRB102 21455 LNS 30572 b
become part of the record of the court. In this paragraph
(7.5), "qualified person" means any person who: (i) lived
or worked within the territorial jurisdiction where the
offense took place when the offense took place; or (ii) is
familiar with various public places within the territorial
jurisdiction where the offense took place when the offense
took place. "Qualified person" includes any peace officer
or any member of any duly organized State, county, or
municipal peace officer unit assigned to the territorial
jurisdiction where the offense took place when the offense
took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was
used in the commission of the offense for which the
defendant is being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer

HB4499 - 722 - LRB102 21455 LNS 30572 b
sitting as a judge in that court. Where the judge does not
impose sentence at the same time on all defendants who are
convicted as a result of being involved in the same offense,
the defendant or the State's Attorney may advise the
sentencing court of the disposition of any other defendants
who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury
to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information,

HB4499 - 723 - LRB102 21455 LNS 30572 b
factors in mitigation and aggravation or other reasons that
led to his sentencing determination. The full verbatim record
of the sentencing hearing shall be filed with the clerk of the
court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or
category II weapon, the trial judge shall make a finding as to
whether the conduct leading to conviction for the offense
resulted in great bodily harm to a victim, and shall enter that
finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the
contrary, in imposing a sentence for an offense that requires
a mandatory minimum sentence of imprisonment, the court may
instead sentence the offender to probation, conditional
discharge, or a lesser term of imprisonment it deems
appropriate if: (1) the offense involves the use or possession
of drugs, retail theft, or driving on a revoked license due to
unpaid financial obligations; (2) the court finds that the
defendant does not pose a risk to public safety; and (3) the
interest of justice requires imposing a term of probation,
conditional discharge, or a lesser term of imprisonment. The
court must state on the record its reasons for imposing
probation, conditional discharge, or a lesser term of
imprisonment.

HB4499 - 724 - LRB102 21455 LNS 30572 b
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time

HB4499 - 725 - LRB102 21455 LNS 30572 b
served in prison will be longer. The defendant may also
receive an additional one-half day sentence credit for each
day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on
or after July 27, 2001 (the effective date of Public Act
92-176), and when the sentence is imposed for aggravated
driving under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code
committed on or after January 1, 2011 (the effective date of
Public Act 96-1230), the judge's statement, to be given after
pronouncing the sentence, shall include the following:

HB4499 - 726 - LRB102 21455 LNS 30572 b
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least
85% of his or her sentence. Assuming the defendant receives 4
1/2 days credit for each month of his or her sentence, the
period of estimated actual custody is ... years and ...
months. If the defendant, because of his or her own misconduct
or failure to comply with the institutional regulations
receives lesser credit, the actual time served in prison will
be longer."
When a sentence of imprisonment is imposed for first
degree murder and the offense was committed on or after June
19, 1998, the judge's statement, to be given after pronouncing
the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this

HB4499 - 727 - LRB102 21455 LNS 30572 b
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement,
in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United

HB4499 - 728 - LRB102 21455 LNS 30572 b
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist
or physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.

HB4499 - 729 - LRB102 21455 LNS 30572 b
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility

HB4499 - 730 - LRB102 21455 LNS 30572 b
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant
has been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.

HB4499 - 731 - LRB102 21455 LNS 30572 b
(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18;
100-961, eff. 1-1-19; revised 10-3-18; 101-652.)
Section 340. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing

HB4499 - 732 - LRB102 21455 LNS 30572 b
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,
provided that the body prepares and makes available for
public inspection a written decision setting forth its

HB4499 - 733 - LRB102 21455 LNS 30572 b
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed

HB4499 - 734 - LRB102 21455 LNS 30572 b
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of

HB4499 - 735 - LRB102 21455 LNS 30572 b
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.
(22) Deliberations for decisions of the State

HB4499 - 736 - LRB102 21455 LNS 30572 b
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews

HB4499 - 737 - LRB102 21455 LNS 30572 b
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss

HB4499 - 738 - LRB102 21455 LNS 30572 b
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification
Review Panel, and the Illinois State Police Merit Board
regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board that occur in
closed executive session under subsection (d) of Section
35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence
Fatality Review Act.
(40) (38) Meetings of the Firearm Owner's
Identification Card Review Board under Section 10 of the
Firearm Owners Identification Card Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose

HB4499 - 739 - LRB102 21455 LNS 30572 b
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;
101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)

HB4499 - 740 - LRB102 21455 LNS 30572 b
Section 345. The Freedom of Information Act is amended by
changing Sections 7 and 7.5 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a

HB4499 - 741 - LRB102 21455 LNS 30572 b
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;

HB4499 - 742 - LRB102 21455 LNS 30572 b
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic

HB4499 - 743 - LRB102 21455 LNS 30572 b
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.4 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to Illinois
Law Enforcement Training Standards Board from the Illinois
State Police and Illinois State Police Merit Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.

HB4499 - 744 - LRB102 21455 LNS 30572 b
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not

HB4499 - 745 - LRB102 21455 LNS 30572 b
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held

HB4499 - 746 - LRB102 21455 LNS 30572 b
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The

HB4499 - 747 - LRB102 21455 LNS 30572 b
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for

HB4499 - 748 - LRB102 21455 LNS 30572 b
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but

HB4499 - 749 - LRB102 21455 LNS 30572 b
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.

HB4499 - 750 - LRB102 21455 LNS 30572 b
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, the destruction or contamination of which
would constitute a clear and present danger to the health

HB4499 - 751 - LRB102 21455 LNS 30572 b
or safety of the community, but only to the extent that
disclosure could reasonably be expected to jeopardize the
effectiveness of the measures or the safety of the
personnel who implement them or the public. Information
exempt under this item may include such things as details
pertaining to the mobilization or deployment of personnel
or equipment, to the operation of communication systems or
protocols, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit

HB4499 - 752 - LRB102 21455 LNS 30572 b
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to

HB4499 - 753 - LRB102 21455 LNS 30572 b
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding

HB4499 - 754 - LRB102 21455 LNS 30572 b
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; revised 10-4-21.)
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential

HB4499 - 755 - LRB102 21455 LNS 30572 b
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted

HB4499 - 756 - LRB102 21455 LNS 30572 b
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial

HB4499 - 757 - LRB102 21455 LNS 30572 b
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained

HB4499 - 758 - LRB102 21455 LNS 30572 b
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification

HB4499 - 759 - LRB102 21455 LNS 30572 b
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent

HB4499 - 760 - LRB102 21455 LNS 30572 b
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.

HB4499 - 761 - LRB102 21455 LNS 30572 b
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under

HB4499 - 762 - LRB102 21455 LNS 30572 b
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(ccc) Information that is prohibited from disclosure
by the Illinois Police Training Act and the State Police
Act.
(ccc) (ddd) Records exempt from disclosure under
Section 2605-304 of the Illinois Department of State
Police Law of the Civil Administrative Code of Illinois.
(ddd) (bbb) Information prohibited from being
disclosed under Section 35 of the Address Confidentiality
for Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) (ddd) Information prohibited from being
disclosed under subsection (b) of Section 75 of the
Domestic Violence Fatality Review Act.

HB4499 - 763 - LRB102 21455 LNS 30572 b
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; revised 10-5-21.)
Section 350. The State Employee Indemnification Act is
amended by changing Section 1 as follows:
(5 ILCS 350/1) (from Ch. 127, par. 1301)
Sec. 1. Definitions. For the purpose of this Act:
(a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher
education created by the State, the Illinois National Guard,
the Illinois State Guard, the Comprehensive Health Insurance
Board, any poison control center designated under the Poison
Control System Act that receives State funding, or any other
agency or instrumentality of the State. It does not mean any
local public entity as that term is defined in Section 1-206 of
the Local Governmental and Governmental Employees Tort
Immunity Act or a pension fund.

HB4499 - 764 - LRB102 21455 LNS 30572 b
(b) The term "employee" means: any present or former
elected or appointed officer, trustee or employee of the
State, or of a pension fund; any present or former
commissioner or employee of the Executive Ethics Commission or
of the Legislative Ethics Commission; any present or former
Executive, Legislative, or Auditor General's Inspector
General; any present or former employee of an Office of an
Executive, Legislative, or Auditor General's Inspector
General; any present or former member of the Illinois National
Guard while on active duty; any present or former member of the
Illinois State Guard while on State active duty; individuals
or organizations who contract with the Department of
Corrections, the Department of Juvenile Justice, the
Comprehensive Health Insurance Board, or the Department of
Veterans' Affairs to provide services; individuals or
organizations who contract with the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities) to provide services including but
not limited to treatment and other services for sexually
violent persons; individuals or organizations who contract
with the Department of Military Affairs for youth programs;
individuals or organizations who contract to perform carnival
and amusement ride safety inspections for the Department of
Labor; individuals who contract with the Office of the State's
Attorneys Appellate Prosecutor to provide legal services, but
only when performing duties within the scope of the Office's

HB4499 - 765 - LRB102 21455 LNS 30572 b
prosecutorial activities; individual representatives of or
designated organizations authorized to represent the Office of
State Long-Term Ombudsman for the Department on Aging;
individual representatives of or organizations designated by
the Department on Aging in the performance of their duties as
adult protective services agencies or regional administrative
agencies under the Adult Protective Services Act; individuals
or organizations appointed as members of a review team or the
Advisory Council under the Adult Protective Services Act;
individuals or organizations who perform volunteer services
for the State where such volunteer relationship is reduced to
writing; individuals who serve on any public entity (whether
created by law or administrative action) described in
paragraph (a) of this Section; individuals or not for profit
organizations who, either as volunteers, where such volunteer
relationship is reduced to writing, or pursuant to contract,
furnish professional advice or consultation to any agency or
instrumentality of the State; individuals who serve as foster
parents for the Department of Children and Family Services
when caring for youth in care as defined in Section 4d of the
Children and Family Services Act; individuals who serve as
members of an independent team of experts under the
Developmental Disability and Mental Health Safety Act (also
known as Brian's Law); and individuals who serve as
arbitrators pursuant to Part 10A of Article II of the Code of
Civil Procedure and the rules of the Supreme Court

HB4499 - 766 - LRB102 21455 LNS 30572 b
implementing Part 10A, each as now or hereafter amended; the
members of the Certification Review Panel under the Illinois
Police Training Act; the term "employee" does not mean an
independent contractor except as provided in this Section. The
term includes an individual appointed as an inspector by the
Director of the Illinois State Police when performing duties
within the scope of the activities of a Metropolitan
Enforcement Group or a law enforcement organization
established under the Intergovernmental Cooperation Act. An
individual who renders professional advice and consultation to
the State through an organization which qualifies as an
"employee" under the Act is also an employee. The term
includes the estate or personal representative of an employee.
(c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; revised 10-6-21.)
Section 355. The Personnel Code is amended by changing
Section 4c as follows:
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in this
Act:

HB4499 - 767 - LRB102 21455 LNS 30572 b
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
State Board of Education, Clerk of the Supreme Court,
Attorney General, and State Board of Elections.
(3) Judges, and officers and employees of the courts,
and notaries public.
(4) All officers and employees of the Illinois General
Assembly, all employees of legislative commissions, all
officers and employees of the Illinois Legislative
Reference Bureau and the Legislative Printing Unit.
(5) All positions in the Illinois National Guard and
Illinois State Guard, paid from federal funds or positions
in the State Military Service filled by enlistment and
paid from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by the
Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative
officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,

HB4499 - 768 - LRB102 21455 LNS 30572 b
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the
administrative officers and scientific and technical staff
of the Illinois State Museum.
(9) All other employees except the presidents, other
principal administrative officers, and teaching, research
and extension faculties of the universities under the
jurisdiction of the Board of Regents and the colleges and
universities under the jurisdiction of the Board of
Governors of State Colleges and Universities, Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, Board of Governors of
State Colleges and Universities, the Board of Regents,
University of Illinois, State Universities Civil Service
System, University Retirement System of Illinois, so long
as these are subject to the provisions of the State
Universities Civil Service Act.
(10) The Illinois State Police so long as they are
subject to the merit provisions of the Illinois State
Police Act. Employees of the Illinois State Police Merit
Board are subject to the provisions of this Code.
(11) (Blank).

HB4499 - 769 - LRB102 21455 LNS 30572 b
(12) The technical and engineering staffs of the
Department of Transportation, the Department of Nuclear
Safety, the Pollution Control Board, and the Illinois
Commerce Commission, and the technical and engineering
staff providing architectural and engineering services in
the Department of Central Management Services.
(13) All employees of the Illinois State Toll Highway
Authority.
(14) The Secretary of the Illinois Workers'
Compensation Commission.
(15) All persons who are appointed or employed by the
Director of Insurance under authority of Section 202 of
the Illinois Insurance Code to assist the Director of
Insurance in discharging his responsibilities relating to
the rehabilitation, liquidation, conservation, and
dissolution of companies that are subject to the
jurisdiction of the Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan Area
Airport Authority.
(17) All investment officers employed by the Illinois
State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois
Department of Natural Resources, authorized grantee under
Title VIII of the Comprehensive Employment and Training
Act of 1973, 29 U.S.C. USC 993.

HB4499 - 770 - LRB102 21455 LNS 30572 b
(19) Seasonal employees of the Department of
Agriculture for the operation of the Illinois State Fair
and the DuQuoin State Fair, no one person receiving more
than 29 days of such employment in any calendar year.
(20) All "temporary" employees hired under the
Department of Natural Resources' Illinois Conservation
Service, a youth employment program that hires young
people to work in State parks for a period of one year or
less.
(21) All hearing officers of the Human Rights
Commission.
(22) All employees of the Illinois Mathematics and
Science Academy.
(23) All employees of the Kankakee River Valley Area
Airport Authority.
(24) The commissioners and employees of the Executive
Ethics Commission.
(25) The Executive Inspectors General, including
special Executive Inspectors General, and employees of
each Office of an Executive Inspector General.
(26) The commissioners and employees of the
Legislative Ethics Commission.
(27) The Legislative Inspector General, including
special Legislative Inspectors General, and employees of
the Office of the Legislative Inspector General.
(28) The Auditor General's Inspector General and

HB4499 - 771 - LRB102 21455 LNS 30572 b
employees of the Office of the Auditor General's Inspector
General.
(29) All employees of the Illinois Power Agency.
(30) Employees having demonstrable, defined advanced
skills in accounting, financial reporting, or technical
expertise who are employed within executive branch
agencies and whose duties are directly related to the
submission to the Office of the Comptroller of financial
information for the publication of the Comprehensive
Annual Financial Report.
(31) All employees of the Illinois Sentencing Policy
Advisory Council.
(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;
102-538, eff. 8-20-21; revised 10-5-21.)
Section 360. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2605-50 as follows:
(20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
Sec. 2605-50. Division of Internal Investigation. The
Division of Internal Investigation shall have jurisdiction and
initiate internal Illinois State Police investigations and, at
the direction of the Governor, investigate complaints and
initiate investigations of official misconduct by State
officers and all State employees. Notwithstanding any other

HB4499 - 772 - LRB102 21455 LNS 30572 b
provisions of law, the Division shall serve as the
investigative body for the Illinois State Police for purposes
of compliance with the provisions of Sections 12.6 and 12.7 of
this Act.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-4-21.)
Section 365. The State Police Act is amended by changing
Sections 3, 6, 8, and 9 as follows:
(20 ILCS 2610/3) (from Ch. 121, par. 307.3)
Sec. 3. The Governor shall appoint, by and with the advice
and consent of the Senate, an Illinois State Police Merit
Board, hereinafter called the Board, consisting of 7 5 members
to hold office. The Governor shall appoint new board members
within 30 days for the vacancies created under this amendatory
Act. Board members shall be appointed to four-year terms. No
member shall be appointed to more than 2 terms. In making the
appointments, the Governor shall make a good faith effort to
appoint members reflecting the geographic, ethic, and cultural
diversity of this State. In making the appointments, the
Governor should also consider appointing: persons with
professional backgrounds, possessing legal, management,
personnel, or labor experience; at least one member with at
least 10 years of experience as a licensed physician or
clinical psychologist with expertise in mental health; and at

HB4499 - 773 - LRB102 21455 LNS 30572 b
least one member affiliated with an organization commitment to
social and economic rights and to eliminating discrimination.
, one until the third Monday in March, 1951, one until the
third Monday in March, 1953, and one until the third Monday in
March, 1955, and until their respective successors are
appointed and qualified. One of the members added by this
amendatory Act of 1977 shall serve a term expiring on the third
Monday in March, 1980, and until his successor is appointed
and qualified, and one shall serve a term expiring on the third
Monday in March, 1982, and until his successor is appointed
and qualified. Upon the expiration of the terms of office of
those first appointed, their respective successors shall be
appointed to hold office from the third Monday in March of the
year of their respective appointments for a term of six years
and until their successors are appointed and qualified for a
like term. No more than 4 3 members of the Board shall be
affiliated with the same political party. If the Senate is not
in session at the time initial appointments are made pursuant
to this Section section, the Governor shall make temporary
appointments as in the case of a vacancy. In order to avoid
actual conflicts of interest, or the appearance of conflicts
of interest, no board member shall be a retired or former
employee of the Illinois State Police. When a Board member may
have an actual, perceived, or potential conflict of interest
that could prevent the Board member from making a fair and
impartial decision on a complaint or formal complaint against

HB4499 - 774 - LRB102 21455 LNS 30572 b
an Illinois State Police officer, the Board member shall
recuse himself or herself; or If the Board member fails to
recuse himself or herself, then the Board may, by a simple
majority, vote to recuse the Board member.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-4-21.)
(20 ILCS 2610/6) (from Ch. 121, par. 307.6)
Sec. 6. The Board is authorized to employ such clerical
and technical staff assistants, not to exceed fifteen, as may
be necessary to enable the Board to transact its business and,
if the rate of compensation is not otherwise fixed by law, to
fix their compensation. In order to avoid actual conflicts of
interest, or the appearance of conflicts of interest, no
employee, contractor, clerical or technical staff shall be a
retired or former employee of the Illinois State Police. All
employees shall be subject to the Personnel Code.
(Source: Laws 1949, p. 1357; P.A. 101-652.)
(20 ILCS 2610/8) (from Ch. 121, par. 307.8)
Sec. 8. Board jurisdiction.
(a) The Board shall exercise jurisdiction over the
certification for appointment and promotion, and over the
discipline, removal, demotion, and suspension of Illinois
State Police officers. The Board and the Illinois State Police
should also ensure Illinois State Police cadets and officers

HB4499 - 775 - LRB102 21455 LNS 30572 b
represent the utmost integrity and professionalism and
represent the geographic, ethnic, and cultural diversity of
this State. The Board shall also exercise jurisdiction to
certify and terminate Illinois State Police Officers in
compliance with certification standards consistent with
Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
merit principles of public employment, the Board shall
formulate, adopt, and put into effect rules, regulations, and
procedures for its operation and the transaction of its
business. The Board shall establish a classification of ranks
of persons subject to its jurisdiction and shall set standards
and qualifications for each rank. Each Illinois State Police
officer appointed by the Director shall be classified as a
State Police officer as follows: trooper, sergeant, master
sergeant, lieutenant, captain, major, or Special Agent.
(b) The Board shall publish all standards and
qualifications for each rank, including Cadet, on its website.
This shall include, but not be limited to, all physical
fitness, medical, visual, and hearing standards. The Illinois
State Police shall cooperate with the Board by providing any
necessary information to complete this requirement.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-4-21.)
(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
Sec. 9. Appointment; qualifications.

HB4499 - 776 - LRB102 21455 LNS 30572 b
(a) Except as otherwise provided in this Section, the
appointment of Illinois State Police officers shall be made
from those applicants who have been certified by the Board as
being qualified for appointment. All persons so appointed
shall, at the time of their appointment, be not less than 21
years of age, or 20 years of age and have successfully
completed an associate's degree or 60 credit hours at an
accredited college or university. Any person appointed
subsequent to successful completion of an associate's degree
or 60 credit hours at an accredited college or university
shall not have power of arrest, nor shall he or she be
permitted to carry firearms, until he or she reaches 21 years
of age. In addition, all persons so certified for appointment
shall be of sound mind and body, be of good moral character, be
citizens of the United States, have no criminal records,
possess such prerequisites of training, education, and
experience as the Board may from time to time prescribe so long
as persons who have an associate's degree or 60 credit hours at
an accredited college or university are not disqualified, and
shall be required to pass successfully such mental and
physical tests and examinations as may be prescribed by the
Board. All persons who meet one of the following requirements
are deemed to have met the collegiate educational
requirements:
(i) have been honorably discharged and who have been
awarded a Southwest Asia Service Medal, Kosovo Campaign

HB4499 - 777 - LRB102 21455 LNS 30572 b
Medal, Korean Defense Service Medal, Afghanistan Campaign
Medal, Iraq Campaign Medal, or Global War on Terrorism
Expeditionary Medal by the United States Armed Forces;
(ii) are active members of the Illinois National Guard
or a reserve component of the United States Armed Forces
and who have been awarded a Southwest Asia Service Medal,
Kosovo Campaign Medal, Korean Defense Service Medal,
Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
War on Terrorism Expeditionary Medal as a result of
honorable service during deployment on active duty;
(iii) have been honorably discharged who served in a
combat mission by proof of hostile fire pay or imminent
danger pay during deployment on active duty; or
(iv) have at least 3 years of full active and
continuous military duty and received an honorable
discharge before hiring.
Preference shall be given in such appointments to persons
who have honorably served in the military or naval services of
the United States. All appointees shall serve a probationary
period of 12 months from the date of appointment and during
that period may be discharged at the will of the Director.
However, the Director may in his or her sole discretion extend
the probationary period of an officer up to an additional 6
months when to do so is deemed in the best interest of the
Illinois State Police. Nothing in this subsection (a) limits
the Board's ability to prescribe education prerequisites or

HB4499 - 778 - LRB102 21455 LNS 30572 b
requirements to certify Illinois State Police officers for
promotion as provided in Section 10 of this Act.
(b) Notwithstanding the other provisions of this Act,
after July 1, 1977 and before July 1, 1980, the Director of
State Police may appoint and promote not more than 20 persons
having special qualifications as special agents as he or she
deems necessary to carry out the Department's objectives. Any
such appointment or promotion shall be ratified by the Board.
(c) During the 90 days following March 31, 1995 (the
effective date of Public Act 89-9) this amendatory Act of
1995, the Director of State Police may appoint up to 25 persons
as State Police officers. These appointments shall be made in
accordance with the requirements of this subsection (c) and
any additional criteria that may be established by the
Director, but are not subject to any other requirements of
this Act. The Director may specify the initial rank for each
person appointed under this subsection.
All appointments under this subsection (c) shall be made
from personnel certified by the Board. A person certified by
the Board and appointed by the Director under this subsection
must have been employed by the Illinois Commerce Commission on
November 30, 1994 in a job title subject to the Personnel Code
and in a position for which the person was eligible to earn
"eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension
Code.

HB4499 - 779 - LRB102 21455 LNS 30572 b
Persons appointed under this subsection (c) shall
thereafter be subject to the same requirements and procedures
as other State police officers. A person appointed under this
subsection must serve a probationary period of 12 months from
the date of appointment, during which he or she may be
discharged at the will of the Director.
This subsection (c) does not affect or limit the
Director's authority to appoint other State Police officers
under subsection (a) of this Section.
(d) During the 180 days following the effective date of
this amendatory Act of the 101st General Assembly, the
Director of the Illinois State Police may appoint current
Illinois State Police Employees serving in law enforcement
officer positions previously within Central Management
Services as State Police Officers. These appointments shall be
made in accordance with the requirements of this subsection
(d) and any institutional criteria that may be established by
the Director, but are not subject to any other requirements of
this Act. All appointments under this subsection (d) shall be
made from personnel certified by the Board. A person certified
by the Board and appointed by the Director under this
subsection must have been employed by the a state agency,
board, or commission on January 1, 2021, in a job title subject
to the Personnel Code and in a position for which the person
was eligible to earn "eligible creditable service" as a
"noncovered employee", as those terms are defined in Article

HB4499 - 780 - LRB102 21455 LNS 30572 b
14 of the Illinois Pension Code. Persons appointed under this
subsection (d) shall thereafter be subject to the same
requirements, and subject to the same contractual benefits and
obligations, as other State police officers. This subsection
(d) does not affect or limit the Director's authority to
appoint other State Police officers under subsection (a) of
this Section.
(e) The Merit Board shall review Illinois State Police
Cadet applicants. The Illinois State Police may provide
background check and investigation material to the Board for
their review 10 pursuant to this section. The Board shall
approve and ensure that no cadet applicant is certified unless
the applicant is a person of good character and has not been
convicted of, or entered a plea of guilty to, a felony offense,
any of the misdemeanors in Section or if committed in any other
state would be an offense similar to 11-1.50, 11-6, 11-6.5,
11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2, 12- 3.2, 12-3.5,
16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any
misdemeanor in violation of any section of Part E of Title III
of the Criminal Code of 1961 or the Criminal Code of 2012,
32-4a, or 32-7 of the Criminal Code of 1961 or the Criminal
Code of 2012, or subsection (a) of Section 17-32 of the
Criminal Code of 1961 or the Criminal Code of 2012, to Section
5 or 5.2 of the Cannabis Control Act, or any felony or
misdemeanor in violation of federal law or the law of any state
that is the equivalent of any of the offenses specified

HB4499 - 781 - LRB102 21455 LNS 30572 b
therein. The Officer Misconduct Database, provided in Section
9.2 of the Illinois Police Training Act, shall be searched as
part of this process. For purposes of this Section "convicted
of, or entered a plea of guilty" regardless of whether the
adjudication of guilt or sentence is withheld or not entered
thereon. This includes sentences of supervision, conditional
discharge, or first offender probation, or any similar
disposition provided for by law.
(f) The Board shall by rule establish an application fee
waiver program for any person who meets one or more of the
following criteria:
(1) his or her available personal income is 200% or
less of the current poverty level; or
(2) he or she is, in the discretion of the Board,
unable to proceed in an action with payment of application
fee and payment of that fee would result in substantial
hardship to the person or the person's family.
(Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22;
102-538, eff 8-20-21; revised 10-4-21.)
(20 ILCS 2610/6.5 rep.)
(20 ILCS 2610/11.5 rep.)
(20 ILCS 2610/11.6 rep.)
(20 ILCS 2610/12.6 rep.)
(20 ILCS 2610/12.7 rep.)
(20 ILCS 2610/40.1 rep.)

HB4499 - 782 - LRB102 21455 LNS 30572 b
(20 ILCS 2610/46 rep.)
Section 370. The State Police Act is amended by repealing
Sections 6.5, 11.5, 11.6, 12.6, 12.7, 40.1, and 46.
Section 375. The Illinois Police Training Act is amended
by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10,
10.1, 10.2, 10.3, 10.7, 10.11, 10.12, 10.13, 10.16, 10.18,
10.19, 10.20, and 10.22 as follows:
(50 ILCS 705/2) (from Ch. 85, par. 502)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Board" means the Illinois Law Enforcement Training
Standards Board.
"Full-time law enforcement officer" means a law
enforcement officer who has completed the officer's
probationary period and is employed on a full-time basis as a
law enforcement officer by a local government agency, State
government agency, or as a campus police officer by a
participating State-controlled university, college, or public
community college.
"Governmental agency" means any local governmental agency
and any State governmental agency.
"Local governmental agency" means any local governmental
unit or municipal corporation in this State. It does not
include the State of Illinois or any office, officer,

HB4499 - 783 - LRB102 21455 LNS 30572 b
department, division, bureau, board, commission, or agency of
the State, except that it does include a State-controlled
university, college or public community college.
"State governmental agency" means any governmental unit of
this State. This includes any office, officer, department,
division, bureau, board, commission, or agency of the State.
It does not include the Illinois State Police as defined in the
State Police Act.
"Panel" means the Certification Review Panel.
"Police training school" means any school located within
the State of Illinois whether privately or publicly owned
which offers a course in police or county corrections training
and has been approved by the Board.
"Probationary police officer" means a recruit law
enforcement officer required to successfully complete initial
minimum basic training requirements at a police training
school to be eligible for permanent full-time employment as a
local law enforcement officer.
"Probationary part-time police officer" means a recruit
part-time law enforcement officer required to successfully
complete initial minimum part-time training requirements to be
eligible for employment on a part-time basis as a local law
enforcement officer.
"Permanent law enforcement police officer" means a law
enforcement officer who has completed the officer's his or her
probationary period and is permanently employed on a full-time

HB4499 - 784 - LRB102 21455 LNS 30572 b
basis as a local law enforcement officer by a participating
local governmental unit or as a security officer or campus
police officer policeman permanently employed by a
participating State-controlled university, college, or public
community college.
"Part-time law enforcement police officer" means a law
enforcement officer who has completed the officer's his or her
probationary period and is employed on a part-time basis as a
law enforcement officer by a participating unit of local
government or as a campus police officer policeman by a
participating State-controlled university, college, or public
community college.
"Law enforcement officer" means (i) any police officer of
a local governmental agency who is primarily responsible for
prevention or detection of crime and the enforcement of the
criminal code, traffic, or highway laws of this State or any
political subdivision of this State or (ii) any member of a
police force appointed and maintained as provided in Section 2
of the Railroad Police Act.
"Recruit" means any full-time or part-time law enforcement
officer or full-time county corrections officer who is
enrolled in an approved training course.
"Probationary county corrections officer" means a recruit
county corrections officer required to successfully complete
initial minimum basic training requirements at a police
training school to be eligible for permanent employment on a

HB4499 - 785 - LRB102 21455 LNS 30572 b
full-time basis as a county corrections officer.
"Permanent county corrections officer" means a county
corrections officer who has completed the officer's his
probationary period and is permanently employed on a full-time
basis as a county corrections officer by a participating local
governmental unit.
"County corrections officer" means any sworn officer of
the sheriff who is primarily responsible for the control and
custody of offenders, detainees or inmates.
"Probationary court security officer" means a recruit
court security officer required to successfully complete
initial minimum basic training requirements at a designated
training school to be eligible for employment as a court
security officer.
"Permanent court security officer" means a court security
officer who has completed the officer's his or her
probationary period and is employed as a court security
officer by a participating local governmental unit.
"Court security officer" has the meaning ascribed to it in
Section 3-6012.1 of the Counties Code.
(Source: P.A. 94-846, eff. 1-1-07; 101-652.)
(50 ILCS 705/3) (from Ch. 85, par. 503)
Sec. 3. Board; composition; appointments; tenure;
vacancies. Board - composition - appointments - tenure -
vacancies.

HB4499 - 786 - LRB102 21455 LNS 30572 b
(a) The Board shall be composed of 18 members selected as
follows: The Attorney General of the State of Illinois, the
Director of the Illinois State Police, the Director of
Corrections, the Superintendent of the Chicago Police
Department, the Sheriff of Cook County, the Clerk of the
Circuit Court of Cook County, who shall serve as ex officio
members, and the following to be appointed by the Governor: 2
mayors or village presidents of Illinois municipalities, 2
Illinois county sheriffs from counties other than Cook County,
2 managers of Illinois municipalities, 2 chiefs of municipal
police departments in Illinois having no Superintendent of the
Police Department on the Board, 2 citizens of Illinois who
shall be members of an organized enforcement officers'
association, one active member of a statewide association
representing sheriffs, and one active member of a statewide
association representing municipal police chiefs. The
appointments of the Governor shall be made on the first Monday
of August in 1965 with 3 of the appointments to be for a period
of one year, 3 for 2 years, and 3 for 3 years. Their successors
shall be appointed in like manner for terms to expire the first
Monday of August each 3 years thereafter. All members shall
serve until their respective successors are appointed and
qualify. Vacancies shall be filled by the Governor for the
unexpired terms. Any ex officio member may appoint a designee
to the Board who shall have the same powers and immunities
otherwise conferred to the member of the Board, including the

HB4499 - 787 - LRB102 21455 LNS 30572 b
power to vote and be counted toward quorum, so long as the
member is not in attendance.
(b) When a Board member may have an actual, perceived, or
potential conflict of interest or appearance of bias that
could prevent the Board member from making a fair and
impartial decision regarding decertification:
(1) The Board member shall recuse himself or herself.
(2) If the Board member fails to recuse himself or
herself, then the Board may, by a simple majority of the
remaining members, vote to recuse the Board member. Board
members who are found to have voted on a matter in which
they should have recused themselves may be removed from
the Board by the Governor.
A conflict of interest or appearance of bias may include,
but is not limited to, matters where one of the following is a
party to a decision on a decertification or formal complaint:
someone with whom the member has an employment relationship;
any of the following relatives: spouse, parents, children,
adopted children, legal wards, stepchildren, step parents,
step siblings, half siblings, siblings, parents-in-law,
siblings-in-law, children-in-law, aunts, uncles, nieces, and
nephews; a friend; or a member of a professional organization,
association, or a union in which the member now actively
serves.
(c) A vacancy in members does not prevent a quorum of the
remaining sitting members from exercising all rights and

HB4499 - 788 - LRB102 21455 LNS 30572 b
performing all duties of the Board.
(d) An individual serving on the Board shall not also
serve on the Panel.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-13-21.)
(50 ILCS 705/6) (from Ch. 85, par. 506)
(Text of Section before amendment by P.A. 101-652)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary police officers,
probationary county corrections officers, and court security
officers and of providing advanced or in-service training for
permanent police officers or permanent county corrections
officers, which schools may be either publicly or privately
owned and operated. In addition, the Board has the following
power and duties:
a. To require local governmental units to furnish such
reports and information as the Board deems necessary to
fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers, and in-service training of permanent
police officers.

HB4499 - 789 - LRB102 21455 LNS 30572 b
c. To provide appropriate certification to those
probationary officers who successfully complete the
prescribed minimum standard basic training course.
d. To review and approve annual training curriculum
for county sheriffs.
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been
convicted of, or entered a plea of guilty to, a felony
offense, any of the misdemeanors in Sections 11-1.50,
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
of the Criminal Code of 1961 or the Criminal Code of 2012,
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
the Cannabis Control Act, or a crime involving moral
turpitude under the laws of this State or any other state
which if committed in this State would be punishable as a
felony or a crime of moral turpitude. The Board may
appoint investigators who shall enforce the duties
conferred upon the Board by this Act.
(Source: P.A. 101-187, eff. 1-1-20.)
(Text of Section after amendment by P.A. 101-652, Article

HB4499 - 790 - LRB102 21455 LNS 30572 b
10, Section 10-143 but before amendment by P.A. 101-652,
Article 25, Section 25-40)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary police officers,
probationary county corrections officers, and court security
officers and of providing advanced or in-service training for
permanent police officers or permanent county corrections
officers, which schools may be either publicly or privately
owned and operated. In addition, the Board has the following
power and duties:
a. To require local governmental units to furnish such
reports and information as the Board deems necessary to
fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers, and in-service training of permanent
police officers.
c. To provide appropriate certification to those
probationary officers who successfully complete the
prescribed minimum standard basic training course.
d. To review and approve annual training curriculum
for county sheriffs.
e. To review and approve applicants to ensure that no

HB4499 - 791 - LRB102 21455 LNS 30572 b
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been
convicted of, or entered a plea of guilty to, a felony
offense, any of the misdemeanors in Sections 11-1.50,
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
of the Criminal Code of 1961 or the Criminal Code of 2012,
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
the Cannabis Control Act, or a crime involving moral
turpitude under the laws of this State or any other state
which if committed in this State would be punishable as a
felony or a crime of moral turpitude. The Board may
appoint investigators who shall enforce the duties
conferred upon the Board by this Act.
f. To establish statewide standards for minimum
standards regarding regular mental health screenings for
probationary and permanent police officers, ensuring that
counseling sessions and screenings remain confidential.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
Section 10-143, eff. 7-1-21.)
(Text of Section after amendment by P.A. 101-652, Article
25, Section 25-40)

HB4499 - 792 - LRB102 21455 LNS 30572 b
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary law enforcement
police officers, probationary county corrections officers, and
court security officers and of providing advanced or
in-service training for permanent law enforcement police
officers or permanent county corrections officers, which
schools may be either publicly or privately owned and
operated. In addition, the Board has the following power and
duties:
a. To require local governmental units, to furnish
such reports and information as the Board deems necessary
to fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement police officers or probationary county
corrections officers, and in-service training of permanent
law enforcement officers.
c. To provide appropriate certification to those
probationary officers who successfully complete the
prescribed minimum standard basic training course.
d. To review and approve annual training curriculum
for county sheriffs.
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the

HB4499 - 793 - LRB102 21455 LNS 30572 b
applicant is a person of good character and has not been
convicted of, found guilty of, or entered a plea of guilty
to, or entered a plea of nolo contendere to a felony
offense, any of the misdemeanors in Sections 11-1.50,
11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30,
11-17, 11-19, 12-2, 12-3.2, 12-3.5, 12-15, 16-1, 17-1,
17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor
in violation of any Section of Part E of Title III of the
Criminal Code of 1961 or the Criminal Code of 2012, 31-1,
31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of 1961 or
the Criminal Code of 2012, subdivision (a)(1) or (a)(2)(C)
of Section 11-14.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, or subsection (a) of Section 17-32
of the Criminal Code of 1961 or the Criminal Code of 2012,
or Section 5 or 5.2 of the Cannabis Control Act, or a crime
involving moral turpitude under the laws of this State or
any other state which if committed in this State would be
punishable as a felony or a crime of moral turpitude, or
any felony or misdemeanor in violation of federal law or
the law of any state that is the equivalent of any of the
offenses specified therein. The Board may appoint
investigators who shall enforce the duties conferred upon
the Board by this Act.
For purposes of this paragraph e, a person is
considered to have been convicted of, found guilty of, or
entered a plea of guilty to, plea of nolo contendere to

HB4499 - 794 - LRB102 21455 LNS 30572 b
regardless of whether the adjudication of guilt or
sentence is withheld or not entered thereon. This includes
sentences of supervision, conditional discharge, or first
offender probation, or any similar disposition provided
for by law.
f. To establish statewide standards for minimum
standards regarding regular mental health screenings for
probationary and permanent police officers, ensuring that
counseling sessions and screenings remain confidential.
f. For purposes of this paragraph (e), a person is
considered to have been "convicted of, found guilty of, or
entered a plea of guilty to, plea of nolo contendere to"
regardless of whether the adjudication of guilt or
sentence is withheld or not entered thereon. This includes
sentences of supervision, conditional discharge, or first
offender probation, or any similar disposition provided
for by law.
g. To review and ensure all law enforcement officers
remain in compliance with this Act, and any administrative
rules adopted under this Act.
h. To suspend any certificate for a definite period,
limit or restrict any certificate, or revoke any
certificate.
i. The Board and the Panel shall have power to secure
by its subpoena and bring before it any person or entity in
this State and to take testimony either orally or by

HB4499 - 795 - LRB102 21455 LNS 30572 b
deposition or both with the same fees and mileage and in
the same manner as prescribed by law in judicial
proceedings in civil cases in circuit courts of this
State. The Board and the Panel shall also have the power to
subpoena the production of documents, papers, files,
books, documents, and records, whether in physical or
electronic form, in support of the charges and for
defense, and in connection with a hearing or
investigation.
j. The Executive Director, the administrative law
judge designated by the Executive Director, and each
member of the Board and the Panel shall have the power to
administer oaths to witnesses at any hearing that the
Board is authorized to conduct under this Act and any
other oaths required or authorized to be administered by
the Board under this Act.
k. In case of the neglect or refusal of any person to
obey a subpoena issued by the Board and the Panel, any
circuit court, upon application of the Board and the
Panel, through the Illinois Attorney General, may order
such person to appear before the Board and the Panel give
testimony or produce evidence, and any failure to obey
such order is punishable by the court as a contempt
thereof. This order may be served by personal delivery, by
email, or by mail to the address of record or email address
of record.

HB4499 - 796 - LRB102 21455 LNS 30572 b
l. The Board shall have the power to administer state
certification examinations. Any and all records related to
these examinations, including but not limited to test
questions, test formats, digital files, answer responses,
answer keys, and scoring information shall be exempt from
disclosure.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
25-40, eff. 1-1-22; revised 4-26-21.)
(50 ILCS 705/6.1)
Sec. 6.1. Automatic decertification of full-time and
part-time law enforcement police officers.
(a) The Board must review law enforcement police officer
conduct and records to ensure that no law enforcement police
officer is certified or provided a valid waiver if that law
enforcement police officer has been convicted of, found guilty
of, or entered a plea of guilty to, or entered a plea of nolo
contendere to, a felony offense under the laws of this State or
any other state which if committed in this State would be
punishable as a felony. The Board must also ensure that no law
enforcement or officer is certified or provided a valid waiver
if that law enforcement police officer has been convicted of,
found guilty of, or entered a plea of guilty to, on or after
the effective date of this amendatory Act of the 101st General
Assembly 1999 of any misdemeanor specified in this Section or

HB4499 - 797 - LRB102 21455 LNS 30572 b
if committed in any other state would be an offense similar to
Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1,
11-17, 11-19, 11-30, 12-2, 12-3.2, 12-3.5, 12-15, 16-1, 17-1,
17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
violation of any Section of Part E of Title III of the Criminal
Code of 1961 or the Criminal Code of 2012 31-1, 31-6, 31-7,
32-4a, or 32-7 of the Criminal Code of 1961 or the Criminal
Code of 2012, to subdivision (a)(1) or (a)(2)(C) of Section
11-14.3 of the Criminal Code of 1961 or the Criminal Code of
2012, or subsection (a) of Section 17-32 of the Criminal Code
of 1961 or the Criminal Code of 2012, or to Section 5 or 5.2 of
the Cannabis Control Act, or any felony or misdemeanor in
violation of federal law or the law of any state that is the
equivalent of any of the offenses specified therein. The Board
must appoint investigators to enforce the duties conferred
upon the Board by this Act.
(a-1) For purposes of this Section, a person is "convicted
of, or entered a plea of guilty to, plea of nolo contendere to,
found guilty of" regardless of whether the adjudication of
guilt or sentence is withheld or not entered thereon. This
includes sentences of supervision, conditional discharge, or
first offender probation, or any similar disposition provided
for by law.
(b) It is the responsibility of the sheriff or the chief
executive officer of every governmental local law enforcement
agency or department within this State to report to the Board

HB4499 - 798 - LRB102 21455 LNS 30572 b
any arrest, conviction, finding of guilt, or plea of guilty,
or plea of nolo contendere to, of any officer for an offense
identified in this Section, regardless of whether the
adjudication of guilt or sentence is withheld or not entered
thereon, this includes sentences of supervision, conditional
discharge, or first offender probation.
(c) It is the duty and responsibility of every full-time
and part-time law enforcement police officer in this State to
report to the Board within 14 30 days, and the officer's
sheriff or chief executive officer, of the officer's his or
her arrest, conviction, found guilty of, or plea of guilty for
an offense identified in this Section. Any full-time or
part-time law enforcement police officer who knowingly makes,
submits, causes to be submitted, or files a false or
untruthful report to the Board must have the officer's his or
her certificate or waiver immediately decertified or revoked.
(d) Any person, or a local or State agency, or the Board is
immune from liability for submitting, disclosing, or releasing
information of arrests, convictions, or pleas of guilty in
this Section as long as the information is submitted,
disclosed, or released in good faith and without malice. The
Board has qualified immunity for the release of the
information.
(e) Any full-time or part-time law enforcement police
officer with a certificate or waiver issued by the Board who is
convicted of, found guilty of, or entered a plea of guilty to,

HB4499 - 799 - LRB102 21455 LNS 30572 b
or entered a plea of nolo contendere to any offense described
in this Section immediately becomes decertified or no longer
has a valid waiver. The decertification and invalidity of
waivers occurs as a matter of law. Failure of a convicted
person to report to the Board the officer's his or her
conviction as described in this Section or any continued law
enforcement practice after receiving a conviction is a Class 4
felony.
For purposes of this Section, a person is considered to
have been "convicted of, found guilty of, or entered a plea of
guilty to, plea of nolo contendere to" regardless of whether
the adjudication of guilt or sentence is withheld or not
entered thereon, including sentences of supervision,
conditional discharge, first offender probation, or any
similar disposition as provided for by law.
(f) The Board's investigators shall be law enforcement
officers as defined in Section 2 of this Act are peace officers
and have all the powers possessed by policemen in cities and by
sheriff's, and these investigators may exercise those powers
anywhere in the State. An investigator shall not have peace
officer status or exercise police powers unless he or she
successfully completes the basic police training course
mandated and approved by the Board or the Board waives the
training requirement by reason of the investigator's prior law
enforcement experience, training, or both. The Board shall not
waive the training requirement unless the investigator has had

HB4499 - 800 - LRB102 21455 LNS 30572 b
a minimum of 5 years experience as a sworn officer of a local,
State, or federal law enforcement agency. An investigator
shall not have been terminated for good cause, decertified,
had his or her law enforcement license or certificate revoked
in this or any other jurisdiction, or been convicted of any of
the conduct listed in subsection (a). Any complaint filed
against the Board's investigators shall be investigated by the
Illinois State Police.
(g) The Board must request and receive information and
assistance from any federal, state, or local governmental
agency as part of the authorized criminal background
investigation. The Illinois State Police must process, retain,
and additionally provide and disseminate information to the
Board concerning criminal charges, arrests, convictions, and
their disposition, that have been filed before, on, or after
the effective date of this amendatory Act of the 91st General
Assembly against a basic academy applicant, law enforcement
applicant, or law enforcement officer whose fingerprint
identification cards are on file or maintained by the Illinois
State Police. The Federal Bureau of Investigation must provide
the Board any criminal history record information contained in
its files pertaining to law enforcement officers or any
applicant to a Board certified basic law enforcement academy
as described in this Act based on fingerprint identification.
The Board must make payment of fees to the Illinois State
Police for each fingerprint card submission in conformance

HB4499 - 801 - LRB102 21455 LNS 30572 b
with the requirements of paragraph 22 of Section 55a of the
Civil Administrative Code of Illinois.
(h) (Blank). A police officer who has been certified or
granted a valid waiver shall also be decertified or have his or
her waiver revoked upon a determination by the Illinois Labor
Relations Board State Panel that he or she, while under oath,
has knowingly and willfully made false statements as to a
material fact going to an element of the offense of murder. If
an appeal is filed, the determination shall be stayed.
(1) In the case of an acquittal on a charge of murder,
a verified complaint may be filed:
(A) by the defendant; or
(B) by a police officer with personal knowledge of
perjured testimony.
The complaint must allege that a police officer, while
under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder. The verified complaint must be filed with the
Executive Director of the Illinois Law Enforcement
Training Standards Board within 2 years of the judgment of
acquittal.
(2) Within 30 days, the Executive Director of the
Illinois Law Enforcement Training Standards Board shall
review the verified complaint and determine whether the
verified complaint is frivolous and without merit, or
whether further investigation is warranted. The Illinois

HB4499 - 802 - LRB102 21455 LNS 30572 b
Law Enforcement Training Standards Board shall notify the
officer and the Executive Director of the Illinois Labor
Relations Board State Panel of the filing of the complaint
and any action taken thereon. If the Executive Director of
the Illinois Law Enforcement Training Standards Board
determines that the verified complaint is frivolous and
without merit, it shall be dismissed. The Executive
Director of the Illinois Law Enforcement Training
Standards Board has sole discretion to make this
determination and this decision is not subject to appeal.
(i) (Blank). If the Executive Director of the Illinois Law
Enforcement Training Standards Board determines that the
verified complaint warrants further investigation, he or she
shall refer the matter to a task force of investigators
created for this purpose. This task force shall consist of 8
sworn police officers: 2 from the Illinois State Police, 2
from the City of Chicago Police Department, 2 from county
police departments, and 2 from municipal police departments.
These investigators shall have a minimum of 5 years of
experience in conducting criminal investigations. The
investigators shall be appointed by the Executive Director of
the Illinois Law Enforcement Training Standards Board. Any
officer or officers acting in this capacity pursuant to this
statutory provision will have statewide police authority while
acting in this investigative capacity. Their salaries and
expenses for the time spent conducting investigations under

HB4499 - 803 - LRB102 21455 LNS 30572 b
this paragraph shall be reimbursed by the Illinois Law
Enforcement Training Standards Board.
(j) (Blank). Once the Executive Director of the Illinois
Law Enforcement Training Standards Board has determined that
an investigation is warranted, the verified complaint shall be
assigned to an investigator or investigators. The investigator
or investigators shall conduct an investigation of the
verified complaint and shall write a report of his or her
findings. This report shall be submitted to the Executive
Director of the Illinois Labor Relations Board State Panel.
Within 30 days, the Executive Director of the Illinois
Labor Relations Board State Panel shall review the
investigative report and determine whether sufficient evidence
exists to conduct an evidentiary hearing on the verified
complaint. If the Executive Director of the Illinois Labor
Relations Board State Panel determines upon his or her review
of the investigatory report that a hearing should not be
conducted, the complaint shall be dismissed. This decision is
in the Executive Director's sole discretion, and this
dismissal may not be appealed.
If the Executive Director of the Illinois Labor Relations
Board State Panel determines that there is sufficient evidence
to warrant a hearing, a hearing shall be ordered on the
verified complaint, to be conducted by an administrative law
judge employed by the Illinois Labor Relations Board State
Panel. The Executive Director of the Illinois Labor Relations

HB4499 - 804 - LRB102 21455 LNS 30572 b
Board State Panel shall inform the Executive Director of the
Illinois Law Enforcement Training Standards Board and the
person who filed the complaint of either the dismissal of the
complaint or the issuance of the complaint for hearing. The
Executive Director shall assign the complaint to the
administrative law judge within 30 days of the decision
granting a hearing.
(k) (Blank). In the case of a finding of guilt on the
offense of murder, if a new trial is granted on direct appeal,
or a state post-conviction evidentiary hearing is ordered,
based on a claim that a police officer, under oath, knowingly
and willfully made false statements as to a material fact
going to an element of the offense of murder, the Illinois
Labor Relations Board State Panel shall hold a hearing to
determine whether the officer should be decertified if an
interested party requests such a hearing within 2 years of the
court's decision. The complaint shall be assigned to an
administrative law judge within 30 days so that a hearing can
be scheduled.
At the hearing, the accused officer shall be afforded the
opportunity to:
(1) Be represented by counsel of his or her own
choosing;
(2) Be heard in his or her own defense;
(3) Produce evidence in his or her defense;
(4) Request that the Illinois Labor Relations Board

HB4499 - 805 - LRB102 21455 LNS 30572 b
State Panel compel the attendance of witnesses and
production of related documents including but not limited
to court documents and records.
Once a case has been set for hearing, the verified
complaint shall be referred to the Department of Professional
Regulation. That office shall prosecute the verified complaint
at the hearing before the administrative law judge. The
Department of Professional Regulation shall have the
opportunity to produce evidence to support the verified
complaint and to request the Illinois Labor Relations Board
State Panel to compel the attendance of witnesses and the
production of related documents, including, but not limited
to, court documents and records. The Illinois Labor Relations
Board State Panel shall have the power to issue subpoenas
requiring the attendance of and testimony of witnesses and the
production of related documents including, but not limited to,
court documents and records and shall have the power to
administer oaths.
The administrative law judge shall have the responsibility
of receiving into evidence relevant testimony and documents,
including court records, to support or disprove the
allegations made by the person filing the verified complaint
and, at the close of the case, hear arguments. If the
administrative law judge finds that there is not clear and
convincing evidence to support the verified complaint that the
police officer has, while under oath, knowingly and willfully

HB4499 - 806 - LRB102 21455 LNS 30572 b
made false statements as to a material fact going to an element
of the offense of murder, the administrative law judge shall
make a written recommendation of dismissal to the Illinois
Labor Relations Board State Panel. If the administrative law
judge finds that there is clear and convincing evidence that
the police officer has, while under oath, knowingly and
willfully made false statements as to a material fact that
goes to an element of the offense of murder, the
administrative law judge shall make a written recommendation
so concluding to the Illinois Labor Relations Board State
Panel. The hearings shall be transcribed. The Executive
Director of the Illinois Law Enforcement Training Standards
Board shall be informed of the administrative law judge's
recommended findings and decision and the Illinois Labor
Relations Board State Panel's subsequent review of the
recommendation.
(l) (Blank). An officer named in any complaint filed
pursuant to this Act shall be indemnified for his or her
reasonable attorney's fees and costs by his or her employer.
These fees shall be paid in a regular and timely manner. The
State, upon application by the public employer, shall
reimburse the public employer for the accused officer's
reasonable attorney's fees and costs. At no time and under no
circumstances will the accused officer be required to pay his
or her own reasonable attorney's fees or costs.
(m) (Blank). The accused officer shall not be placed on

HB4499 - 807 - LRB102 21455 LNS 30572 b
unpaid status because of the filing or processing of the
verified complaint until there is a final non-appealable order
sustaining his or her guilt and his or her certification is
revoked. Nothing in this Act, however, restricts the public
employer from pursuing discipline against the officer in the
normal course and under procedures then in place.
(n) (Blank). The Illinois Labor Relations Board State
Panel shall review the administrative law judge's recommended
decision and order and determine by a majority vote whether or
not there was clear and convincing evidence that the accused
officer, while under oath, knowingly and willfully made false
statements as to a material fact going to the offense of
murder. Within 30 days of service of the administrative law
judge's recommended decision and order, the parties may file
exceptions to the recommended decision and order and briefs in
support of their exceptions with the Illinois Labor Relations
Board State Panel. The parties may file responses to the
exceptions and briefs in support of the responses no later
than 15 days after the service of the exceptions. If
exceptions are filed by any of the parties, the Illinois Labor
Relations Board State Panel shall review the matter and make a
finding to uphold, vacate, or modify the recommended decision
and order. If the Illinois Labor Relations Board State Panel
concludes that there is clear and convincing evidence that the
accused officer, while under oath, knowingly and willfully
made false statements as to a material fact going to an element

HB4499 - 808 - LRB102 21455 LNS 30572 b
of the offense murder, the Illinois Labor Relations Board
State Panel shall inform the Illinois Law Enforcement Training
Standards Board and the Illinois Law Enforcement Training
Standards Board shall revoke the accused officer's
certification. If the accused officer appeals that
determination to the Appellate Court, as provided by this Act,
he or she may petition the Appellate Court to stay the
revocation of his or her certification pending the court's
review of the matter.
(o) (Blank). None of the Illinois Labor Relations Board
State Panel's findings or determinations shall set any
precedent in any of its decisions decided pursuant to the
Illinois Public Labor Relations Act by the Illinois Labor
Relations Board State Panel or the courts.
(p) (Blank). A party aggrieved by the final order of the
Illinois Labor Relations Board State Panel may apply for and
obtain judicial review of an order of the Illinois Labor
Relations Board State Panel, in accordance with the provisions
of the Administrative Review Law, except that such judicial
review shall be afforded directly in the Appellate Court for
the district in which the accused officer resides. Any direct
appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be reviewed
was served upon the party affected by the decision.
(q) (Blank). Interested parties. Only interested parties
to the criminal prosecution in which the police officer

HB4499 - 809 - LRB102 21455 LNS 30572 b
allegedly, while under oath, knowingly and willfully made
false statements as to a material fact going to an element of
the offense of murder may file a verified complaint pursuant
to this Section. For purposes of this Section, "interested
parties" shall be limited to the defendant and any police
officer who has personal knowledge that the police officer who
is the subject of the complaint has, while under oath,
knowingly and willfully made false statements as to a material
fact going to an element of the offense of murder.
(r) (Blank). Semi-annual reports. The Executive Director
of the Illinois Labor Relations Board shall submit semi-annual
reports to the Governor, President, and Minority Leader of the
Senate, and to the Speaker and Minority Leader of the House of
Representatives beginning on June 30, 2004, indicating:
(1) the number of verified complaints received since
the date of the last report;
(2) the number of investigations initiated since the
date of the last report;
(3) the number of investigations concluded since the
date of the last report;
(4) the number of investigations pending as of the
reporting date;
(5) the number of hearings held since the date of the
last report; and
(6) the number of officers decertified since the date
of the last report.

HB4499 - 810 - LRB102 21455 LNS 30572 b
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; revised 10-13-21.)
(50 ILCS 705/7)
(Text of Section before amendment by P.A. 102-345)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary law enforcement
officers which shall be offered by all certified schools
shall include, but not be limited to, courses of
procedural justice, arrest and use and control tactics,
search and seizure, including temporary questioning, civil
rights, human rights, human relations, cultural
competency, including implicit bias and racial and ethnic
sensitivity, criminal law, law of criminal procedure,
constitutional and proper use of law enforcement
authority, crisis intervention training, vehicle and
traffic law including uniform and non-discriminatory
enforcement of the Illinois Vehicle Code, traffic control
and accident investigation, techniques of obtaining
physical evidence, court testimonies, statements, reports,
firearms training, training in the use of electronic
control devices, including the psychological and
physiological effects of the use of those devices on
humans, first-aid (including cardiopulmonary

HB4499 - 811 - LRB102 21455 LNS 30572 b
resuscitation), training in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e)
of Section 5-23 of the Substance Use Disorder Act,
handling of juvenile offenders, recognition of mental
conditions and crises, including, but not limited to, the
disease of addiction, which require immediate assistance
and response and methods to safeguard and provide
assistance to a person in need of mental treatment,
recognition of abuse, neglect, financial exploitation, and
self-neglect of adults with disabilities and older adults,
as defined in Section 2 of the Adult Protective Services
Act, crimes against the elderly, law of evidence, the
hazards of high-speed police vehicle chases with an
emphasis on alternatives to the high-speed chase, and
physical training. The curriculum shall include specific
training in techniques for immediate response to and
investigation of cases of domestic violence and of sexual
assault of adults and children, including cultural
perceptions and common myths of sexual assault and sexual
abuse as well as interview techniques that are age
sensitive and are trauma informed, victim centered, and
victim sensitive. The curriculum shall include training in
techniques designed to promote effective communication at
the initial contact with crime victims and ways to
comprehensively explain to victims and witnesses their
rights under the Rights of Crime Victims and Witnesses Act

HB4499 - 812 - LRB102 21455 LNS 30572 b
and the Crime Victims Compensation Act. The curriculum
shall also include training in effective recognition of
and responses to stress, trauma, and post-traumatic stress
experienced by law enforcement officers that is consistent
with Section 25 of the Illinois Mental Health First Aid
Training Act in a peer setting, including recognizing
signs and symptoms of work-related cumulative stress,
issues that may lead to suicide, and solutions for
intervention with peer support resources. The curriculum
shall include a block of instruction addressing the
mandatory reporting requirements under the Abused and
Neglected Child Reporting Act. The curriculum shall also
include a block of instruction aimed at identifying and
interacting with persons with autism and other
developmental or physical disabilities, reducing barriers
to reporting crimes against persons with autism, and
addressing the unique challenges presented by cases
involving victims or witnesses with autism and other
developmental disabilities. The curriculum shall include
training in the detection and investigation of all forms
of human trafficking. The curriculum shall also include
instruction in trauma-informed responses designed to
ensure the physical safety and well-being of a child of an
arrested parent or immediate family member; this
instruction must include, but is not limited to: (1)
understanding the trauma experienced by the child while

HB4499 - 813 - LRB102 21455 LNS 30572 b
maintaining the integrity of the arrest and safety of
officers, suspects, and other involved individuals; (2)
de-escalation tactics that would include the use of force
when reasonably necessary; and (3) inquiring whether a
child will require supervision and care. The curriculum
for probationary law enforcement officers shall include:
(1) at least 12 hours of hands-on, scenario-based
role-playing; (2) at least 6 hours of instruction on use
of force techniques, including the use of de-escalation
techniques to prevent or reduce the need for force
whenever safe and feasible; (3) specific training on
officer safety techniques, including cover, concealment,
and time; and (4) at least 6 hours of training focused on
high-risk traffic stops. The curriculum for permanent law
enforcement officers shall include, but not be limited to:
(1) refresher and in-service training in any of the
courses listed above in this subparagraph, (2) advanced
courses in any of the subjects listed above in this
subparagraph, (3) training for supervisory personnel, and
(4) specialized training in subjects and fields to be
selected by the board. The training in the use of
electronic control devices shall be conducted for
probationary law enforcement officers, including
University police officers.
b. Minimum courses of study, attendance requirements
and equipment requirements.

HB4499 - 814 - LRB102 21455 LNS 30572 b
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary law enforcement officer must satisfactorily
complete before being eligible for permanent employment as
a local law enforcement officer for a participating local
governmental or State governmental agency. Those
requirements shall include training in first aid
(including cardiopulmonary resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to
the officer's successful completion of the training
course; (ii) attesting to the officer's satisfactory
completion of a training program of similar content and

HB4499 - 815 - LRB102 21455 LNS 30572 b
number of hours that has been found acceptable by the
Board under the provisions of this Act; or (iii) attesting
to the Board's determination that the training course is
unnecessary because of the person's extensive prior law
enforcement experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act
89-685) shall be certified within 12 months of the date of
their hire, unless a waiver has been obtained by the
Board, or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit
Commission, shall maintain a list of all individuals who
have filed applications to become court security officers
and who meet the eligibility requirements established
under this Act. Either the Sheriff's Merit Commission, or
the Sheriff's Office if no Sheriff's Merit Commission
exists, shall establish a schedule of reasonable intervals
for verification of the applicants' qualifications under

HB4499 - 816 - LRB102 21455 LNS 30572 b
this Act and as established by the Board.
g. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete every
3 years. Those requirements shall include constitutional
and proper use of law enforcement authority, procedural
justice, civil rights, human rights, reporting child abuse
and neglect, and cultural competency, including implicit
bias and racial and ethnic sensitivity. These trainings
shall consist of at least 30 hours of training every 3
years.
h. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete at
least annually. Those requirements shall include law
updates, emergency medical response training and
certification, crisis intervention training, and officer
wellness and mental health.
i. Minimum in-service training requirements as set
forth in Section 10.6.
The amendatory changes to this Section made by Public Act
101-652 shall take effect January 1, 2022.
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
1-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised
10-5-21.)

HB4499 - 817 - LRB102 21455 LNS 30572 b
(Text of Section after amendment by P.A. 102-345)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary law enforcement
police officers which shall be offered by all certified
schools shall include, but not be limited to, courses of
procedural justice, arrest and use and control tactics,
search and seizure, including temporary questioning, civil
rights, human rights, human relations, cultural
competency, including implicit bias and racial and ethnic
sensitivity, criminal law, law of criminal procedure,
constitutional and proper use of law enforcement
authority, crisis intervention training, vehicle and
traffic law including uniform and non-discriminatory
enforcement of the Illinois Vehicle Code, traffic control
and accident investigation, techniques of obtaining
physical evidence, court testimonies, statements, reports,
firearms training, training in the use of electronic
control devices, including the psychological and
physiological effects of the use of those devices on
humans, first-aid (including cardiopulmonary
resuscitation), training in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e)
of Section 5-23 of the Substance Use Disorder Act,

HB4499 - 818 - LRB102 21455 LNS 30572 b
handling of juvenile offenders, recognition of mental
conditions and crises, including, but not limited to, the
disease of addiction, which require immediate assistance
and response and methods to safeguard and provide
assistance to a person in need of mental treatment,
recognition of abuse, neglect, financial exploitation, and
self-neglect of adults with disabilities and older adults,
as defined in Section 2 of the Adult Protective Services
Act, crimes against the elderly, law of evidence, the
hazards of high-speed police vehicle chases with an
emphasis on alternatives to the high-speed chase, and
physical training. The curriculum shall include specific
training in techniques for immediate response to and
investigation of cases of domestic violence and of sexual
assault of adults and children, including cultural
perceptions and common myths of sexual assault and sexual
abuse as well as interview techniques that are age
sensitive and are trauma informed, victim centered, and
victim sensitive. The curriculum shall include training in
techniques designed to promote effective communication at
the initial contact with crime victims and ways to
comprehensively explain to victims and witnesses their
rights under the Rights of Crime Victims and Witnesses Act
and the Crime Victims Compensation Act. The curriculum
shall also include training in effective recognition of
and responses to stress, trauma, and post-traumatic stress

HB4499 - 819 - LRB102 21455 LNS 30572 b
experienced by law enforcement police officers that is
consistent with Section 25 of the Illinois Mental Health
First Aid Training Act in a peer setting, including
recognizing signs and symptoms of work-related cumulative
stress, issues that may lead to suicide, and solutions for
intervention with peer support resources. The curriculum
shall include a block of instruction addressing the
mandatory reporting requirements under the Abused and
Neglected Child Reporting Act. The curriculum shall also
include a block of instruction aimed at identifying and
interacting with persons with autism and other
developmental or physical disabilities, reducing barriers
to reporting crimes against persons with autism, and
addressing the unique challenges presented by cases
involving victims or witnesses with autism and other
developmental disabilities. The curriculum shall include
training in the detection and investigation of all forms
of human trafficking. The curriculum shall also include
instruction in trauma-informed responses designed to
ensure the physical safety and well-being of a child of an
arrested parent or immediate family member; this
instruction must include, but is not limited to: (1)
understanding the trauma experienced by the child while
maintaining the integrity of the arrest and safety of
officers, suspects, and other involved individuals; (2)
de-escalation tactics that would include the use of force

HB4499 - 820 - LRB102 21455 LNS 30572 b
when reasonably necessary; and (3) inquiring whether a
child will require supervision and care. The curriculum
for probationary law enforcement officers shall include:
(1) at least 12 hours of hands-on, scenario-based
role-playing; (2) at least 6 hours of instruction on use
of force techniques, including the use of de-escalation
techniques to prevent or reduce the need for force
whenever safe and feasible; (3) specific training on
officer safety techniques, including cover, concealment,
and time; and (4) at least 6 hours of training focused on
high-risk traffic stops. The curriculum for permanent law
enforcement police officers shall include, but not be
limited to: (1) refresher and in-service training in any
of the courses listed above in this subparagraph, (2)
advanced courses in any of the subjects listed above in
this subparagraph, (3) training for supervisory personnel,
and (4) specialized training in subjects and fields to be
selected by the board. The training in the use of
electronic control devices shall be conducted for
probationary law enforcement police officers, including
University police officers. The curriculum shall also
include training on the use of a firearms restraining
order by providing instruction on the process used to file
a firearms restraining order and how to identify
situations in which a firearms restraining order is
appropriate.

HB4499 - 821 - LRB102 21455 LNS 30572 b
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary law enforcement police officer must
satisfactorily complete before being eligible for
permanent employment as a local law enforcement officer
for a participating local governmental or State
governmental agency. Those requirements shall include
training in first aid (including cardiopulmonary
resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to

HB4499 - 822 - LRB102 21455 LNS 30572 b
the officer's his or her successful completion of the
training course; (ii) attesting to the officer's his or
her satisfactory completion of a training program of
similar content and number of hours that has been found
acceptable by the Board under the provisions of this Act;
or (iii) attesting to the Board's determination that the
training course is unnecessary because of the person's
extensive prior law enforcement experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act
89-685) shall be certified within 12 months of the date of
their hire, unless a waiver has been obtained by the
Board, or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit
Commission, shall maintain a list of all individuals who
have filed applications to become court security officers
and who meet the eligibility requirements established
under this Act. Either the Sheriff's Merit Commission, or

HB4499 - 823 - LRB102 21455 LNS 30572 b
the Sheriff's Office if no Sheriff's Merit Commission
exists, shall establish a schedule of reasonable intervals
for verification of the applicants' qualifications under
this Act and as established by the Board.
g. Minimum in-service training requirements, which a
law enforcement police officer must satisfactorily
complete every 3 years. Those requirements shall include
constitutional and proper use of law enforcement
authority, procedural justice, civil rights, human rights,
reporting child abuse and neglect, and cultural
competency, including implicit bias and racial and ethnic
sensitivity. These trainings shall consist of at least 30
hours of training every 3 years.
h. Minimum in-service training requirements, which a
law enforcement police officer must satisfactorily
complete at least annually. Those requirements shall
include law updates, emergency medical response training
and certification, crisis intervention training, and
officer wellness and mental health.
i. Minimum in-service training requirements as set
forth in Section 10.6.
The amendatory changes to this Section made by Public Act
101-652 shall take effect January 1, 2022.
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section

HB4499 - 824 - LRB102 21455 LNS 30572 b
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
eff. 8-20-21; revised 10-5-21.)
(50 ILCS 705/7.5)
Sec. 7.5. Law enforcement Police pursuit guidelines. The
Board shall annually review police pursuit procedures and make
available suggested law enforcement police pursuit guidelines
for law enforcement agencies. This Section does not alter the
effect of previously existing law, including the immunities
established under the Local Governmental and Governmental
Employees Tort Immunity Act.
(Source: P.A. 88-637, eff. 9-9-94; 101-652.)
(50 ILCS 705/8) (from Ch. 85, par. 508)
Sec. 8. Participation required. All home rule local
governmental units shall comply with Sections 6.3, 8.1, and
8.2 and any other mandatory provisions of this Act. This Act is
a limitation on home rule powers under subsection (i) of
Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 89-170, eff. 1-1-96; 101-652.)
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
(Text of Section before amendment by P.A. 101-652)
Sec. 8.1. Full-time police and county corrections
officers.

HB4499 - 825 - LRB102 21455 LNS 30572 b
(a) After January 1, 1976, no person shall receive a
permanent appointment as a law enforcement officer as defined
in this Act nor shall any person receive, after the effective
date of this amendatory Act of 1984, a permanent appointment
as a county corrections officer unless that person has been
awarded, within 6 months of his or her initial full-time
employment, a certificate attesting to his or her successful
completion of the Minimum Standards Basic Law Enforcement and
County Correctional Training Course as prescribed by the
Board; or has been awarded a certificate attesting to his or
her satisfactory completion of a training program of similar
content and number of hours and which course has been found
acceptable by the Board under the provisions of this Act; or by
reason of extensive prior law enforcement or county
corrections experience the basic training requirement is
determined by the Board to be illogical and unreasonable.
If such training is required and not completed within the
applicable 6 months, then the officer must forfeit his or her
position, or the employing agency must obtain a waiver from
the Board extending the period for compliance. Such waiver
shall be issued only for good and justifiable reasons, and in
no case shall extend more than 90 days beyond the initial 6
months. Any hiring agency that fails to train a law
enforcement officer within this period shall be prohibited
from employing this individual in a law enforcement capacity
for one year from the date training was to be completed. If an

HB4499 - 826 - LRB102 21455 LNS 30572 b
agency again fails to train the individual a second time, the
agency shall be permanently barred from employing this
individual in a law enforcement capacity.
(b) No provision of this Section shall be construed to
mean that a law enforcement officer employed by a local
governmental agency at the time of the effective date of this
amendatory Act, either as a probationary police officer or as
a permanent police officer, shall require certification under
the provisions of this Section. No provision of this Section
shall be construed to mean that a county corrections officer
employed by a local governmental agency at the time of the
effective date of this amendatory Act of 1984, either as a
probationary county corrections or as a permanent county
corrections officer, shall require certification under the
provisions of this Section. No provision of this Section shall
be construed to apply to certification of elected county
sheriffs.
(c) This Section does not apply to part-time police
officers or probationary part-time police officers.
(Source: P.A. 101-187, eff. 1-1-20.)
(Text of Section after amendment by P.A. 101-652)
Sec. 8.1. Full-time law enforcement police and county
corrections officers.
(a) No After January 1, 1976, no person shall receive a
permanent appointment as a law enforcement officer or as

HB4499 - 827 - LRB102 21455 LNS 30572 b
defined in this Act nor shall any person receive, after the
effective date of this amendatory Act of 1984, a permanent
appointment as a county corrections officer unless that person
has been awarded, within 6 months of the officer's his or her
initial full-time employment, a certificate attesting to the
officer's his or her successful completion of the Minimum
Standards Basic Law Enforcement or and County Correctional
Training Course as prescribed by the Board; or has been
awarded a certificate attesting to the officer's his or her
satisfactory completion of a training program of similar
content and number of hours and which course has been found
acceptable by the Board under the provisions of this Act; or a
training waiver by reason of extensive prior law enforcement
or county corrections experience the basic training
requirement is determined by the Board to be illogical and
unreasonable.
If such training is required and not completed within the
applicable 6 months, then the officer must forfeit the
officer's his or her position, or the employing agency must
obtain a waiver from the Board extending the period for
compliance. Such waiver shall be issued only for good and
justifiable reasons, and in no case shall extend more than 90
days beyond the initial 6 months. Any hiring agency that fails
to train a law enforcement officer within this period shall be
prohibited from employing this individual in a law enforcement
capacity for one year from the date training was to be

HB4499 - 828 - LRB102 21455 LNS 30572 b
completed. If an agency again fails to train the individual a
second time, the agency shall be permanently barred from
employing this individual in a law enforcement capacity.
An individual who is not certified by the Board or whose
certified status is inactive shall not function as a law
enforcement officer, be assigned the duties of a law
enforcement officer by an employing agency, or be authorized
to carry firearms under the authority of the employer, except
as otherwise authorized to carry a firearm under State or
federal law. Sheriffs who are elected as of the effective date
of this Amendatory Act of the 101st General Assembly, are
exempt from the requirement of certified status. Failure to be
certified in accordance with this Act shall cause the officer
to forfeit the officer's position.
An employing agency may not grant a person status as a law
enforcement officer unless the person has been granted an
active law enforcement officer certification by the Board.
(b) Inactive status. A person who has an inactive law
enforcement officer certification has no law enforcement
authority.
(1) A law enforcement officer's certification becomes
inactive upon termination, resignation, retirement, or
separation from the officer's employing governmental
agency for any reason. The Board shall re-activate a
certification upon written application from the law
enforcement officer's governmental agency that shows the

HB4499 - 829 - LRB102 21455 LNS 30572 b
law enforcement officer: (i) has accepted a full-time law
enforcement position with that governmental agency, (ii)
is not the subject of a decertification proceeding, and
(iii) meets all other criteria for re-activation required
by the Board. The Board may also establish special
training requirements to be completed as a condition for
re-activation.
A law enforcement officer who is refused reactivation
under this Section may request a hearing in accordance
with the hearing procedures as outlined in subsection (h)
of Section 6.3 of this Act.
The Board may refuse to re-activate the certification
of a law enforcement officer who was involuntarily
terminated for good cause by his or her governmental
agency for conduct subject to decertification under this
Act or resigned or retired after receiving notice of a
governmental agency's investigation.
(2) A law enforcement officer who is currently
certified can place his or her certificate on inactive
status by sending a written request to the Board. A law
enforcement officer whose certificate has been placed on
inactive status shall not function as a law enforcement
officer until the officer has completed any requirements
for reactivating the certificate as required by the Board.
A request for inactive status in this subsection shall be
in writing, accompanied by verifying documentation, and

HB4499 - 830 - LRB102 21455 LNS 30572 b
shall be submitted to the Board with a copy to the chief
administrator of the law enforcement officer's
governmental agency.
(3) Certification that has become inactive under
paragraph (2) of this subsection (b), shall be reactivated
by written notice from the law enforcement officer's
agency upon a showing that the law enforcement officer is:
(i) employed in a full-time law enforcement position with
the same governmental agency (ii) not the subject of a
decertification proceeding, and (iii) meets all other
criteria for re-activation required by the Board.
(4) Notwithstanding paragraph (3) of this subsection
(b), a law enforcement officer whose certification has
become inactive under paragraph (2) may have the officer's
governmental agency submit a request for a waiver of
training requirements to the Board. A grant of a waiver is
within the discretion of the Board. Within 7 days of
receiving a request for a waiver under this section, the
Board shall notify the law enforcement officer and the
chief administrator of the law enforcement officer's
governmental agency, whether the request has been granted,
denied, or if the Board will take additional time for
information. A law enforcement officer whose request for a
waiver under this subsection is denied is entitled to
appeal the denial to the Board within 20 days of the waiver
being denied.

HB4499 - 831 - LRB102 21455 LNS 30572 b
(c) (b) No provision of this Section shall be construed to
mean that a law enforcement officer employed by a local
governmental agency at the time of the effective date of this
amendatory Act, either as a probationary police officer or as
a permanent police officer, shall require certification under
the provisions of this Section. No provision of this Section
shall be construed to mean that a county corrections officer
employed by a local governmental agency at the time of the
effective date of this amendatory Act of 1984, either as a
probationary county corrections or as a permanent county
corrections officer, shall require certification under the
provisions of this Section. No provision of this Section shall
be construed to apply to certification of elected county
sheriffs.
(d) Within 14 days, a law enforcement officer shall report
to the Board: (1) any name change; (2) any change in
employment; or (3) the filing of any criminal indictment or
charges against the officer alleging that the officer
committed any offense as enumerated in Section 6.1 of this
Act.
(e) All law enforcement officers must report the
completion of the training requirements required in this Act
in compliance with Section 8.4 of this Act.
(e-1) Each employing governmental agency shall allow and
provide an opportunity for a law enforcement officer to
complete the mandated requirements in this Act.

HB4499 - 832 - LRB102 21455 LNS 30572 b
(f) (c) This Section does not apply to part-time law
enforcement police officers or probationary part-time law
enforcement police officers.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22.)
(50 ILCS 705/8.2)
Sec. 8.2. Part-time law enforcement police officers.
(a) A person hired to serve as a part-time law enforcement
police officer must obtain from the Board a certificate (i)
attesting to the officer's his or her successful completion of
the part-time police training course; (ii) attesting to the
officer's his or her satisfactory completion of a training
program of similar content and number of hours that has been
found acceptable by the Board under the provisions of this
Act; or (iii) a training waiver attesting to the Board's
determination that the part-time police training course is
unnecessary because of the person's extensive prior law
enforcement experience. A person hired on or after the
effective date of this amendatory Act of the 92nd General
Assembly must obtain this certificate within 18 months after
the initial date of hire as a probationary part-time law
enforcement police officer in the State of Illinois. The
probationary part-time law enforcement police officer must be
enrolled and accepted into a Board-approved course within 6
months after active employment by any department in the State.
A person hired on or after January 1, 1996 and before the

HB4499 - 833 - LRB102 21455 LNS 30572 b
effective date of this amendatory Act of the 92nd General
Assembly must obtain this certificate within 18 months after
the date of hire. A person hired before January 1, 1996 must
obtain this certificate within 24 months after the effective
date of this amendatory Act of 1995.
The employing agency may seek an extension a waiver from
the Board extending the period for compliance. An extension A
waiver shall be issued only for good and justifiable reasons,
and the probationary part-time law enforcement police officer
may not practice as a part-time law enforcement police officer
during the extension waiver period. If training is required
and not completed within the applicable time period, as
extended by any waiver that may be granted, then the officer
must forfeit the officer's his or her position.
An individual who is not certified by the Board or whose
certified status is inactive shall not function as a law
enforcement officer, be assigned the duties of a law
enforcement officer by an agency, or be authorized to carry
firearms under the authority of the employer, except that
sheriffs who are elected are exempt from the requirement of
certified status. Failure to be in accordance with this Act
shall cause the officer to forfeit the officer's position.
A part-time probationary officer shall be allowed to
complete six months of a part-time police training course and
function as a law enforcement officer with a waiver from the
Board, provided the part-time law enforcement officer is still

HB4499 - 834 - LRB102 21455 LNS 30572 b
enrolled in the training course. If the part-time probationary
officer withdraws from the course for any reason or does not
complete the course within the applicable time period, as
extended by any waiver that may be granted, then the officer
must forfeit the officer's position.
A governmental agency may not grant a person status as a
law enforcement officer unless the person has been granted an
active law enforcement officer certification by the Board.
(b) Inactive status. A person who has an inactive law
enforcement officer certification has no law enforcement
authority. (Blank).
(1) A law enforcement officer's certification becomes
inactive upon termination, resignation, retirement, or
separation from the governmental agency for any reason.
The Board shall re-activate a certification upon written
application from the law enforcement officer's
governmental agency that shows the law enforcement
officer: (i) has accepted a part-time law enforcement
position with that a governmental agency, (ii) is not the
subject of a decertification proceeding, and (iii) meets
all other criteria for re-activation required by the
Board.
The Board may refuse to re-activate the certification
of a law enforcement officer who was involuntarily
terminated for good cause by the officer's governmental
agency for conduct subject to decertification under this

HB4499 - 835 - LRB102 21455 LNS 30572 b
Act or resigned or retired after receiving notice of a
governmental agency's investigation.
(2) A law enforcement officer who is currently
certified can place his or her certificate on inactive
status by sending a written request to the Board. A law
enforcement officer whose certificate has been placed on
inactive status shall not function as a law enforcement
officer until the officer has completed any requirements
for reactivating the certificate as required by the Board.
A request for inactive status in this subsection shall be
in writing, accompanied by verifying documentation, and
shall be submitted to the Board by the law enforcement
officer's governmental agency.
(3) Certification that has become inactive under
paragraph (2) of this subsection (b), shall be reactivated
by written notice from the law enforcement officer's
agency upon a showing that the law enforcement officer is:
(i) employed in a full-time law enforcement position with
the same governmental agency, (ii) not the subject of a
decertification proceeding, and (iii) meets all other
criteria for re-activation required by the Board. The
Board may also establish special training requirements to
be completed as a condition for re-activation.
A law enforcement officer who is refused reactivation
under this Section may request a hearing in accordance
with the hearing procedures as outlined in subsection (h)

HB4499 - 836 - LRB102 21455 LNS 30572 b
of Section 6.3 of this Act.
(4) Notwithstanding paragraph (3) of this Section, a
law enforcement officer whose certification has become
inactive under paragraph (2) may have the officer's
governmental agency submit a request for a waiver of
training requirements to the Board. A grant of a waiver is
within the discretion of the Board. Within 7 days of
receiving a request for a waiver under this section, the
Board shall notify the law enforcement officer and the
chief administrator of the law enforcement officer's
governmental agency, whether the request has been granted,
denied, or if the Board will take additional time for
information. A law enforcement officer whose request for a
waiver under this subsection is denied is entitled to
appeal the denial to the Board within 20 days of the waiver
being denied.
(c) The part-time police training course referred to in
this Section shall be of similar content and the same number of
hours as the courses for full-time officers and shall be
provided by Mobile Team In-Service Training Units under the
Intergovernmental Law Enforcement Officer's In-Service
Training Act or by another approved program or facility in a
manner prescribed by the Board.
(d) Within 14 days, a law enforcement officer shall report
to the Board: (1) any name change; (2) any change in
employment; or (3) the filing of any criminal indictment or

HB4499 - 837 - LRB102 21455 LNS 30572 b
charges against the officer alleging that the officer
committed any offense as enumerated in section 6.1 of this
Act.
(e) All law enforcement officers must report the
completion of the training requirements required in this Act
in compliance with Section 8.4 of this Act.
(e-1) Each employing agency shall allow and provide an
opportunity for a law enforcement officer to complete the
requirements in this Act.
(f) (d) For the purposes of this Section, the Board shall
adopt rules defining what constitutes employment on a
part-time basis.
(Source: P.A. 92-533, eff. 3-14-02; 101-652.)
(50 ILCS 705/9) (from Ch. 85, par. 509)
Sec. 9. A special fund is hereby established in the State
Treasury to be known as the Traffic and Criminal Conviction
Surcharge Fund. Moneys in this Fund shall be expended as
follows:
(1) a portion of the total amount deposited in the
Fund may be used, as appropriated by the General Assembly,
for the ordinary and contingent expenses of the Illinois
Law Enforcement Training Standards Board;
(2) a portion of the total amount deposited in the
Fund shall be appropriated for the reimbursement of local
governmental agencies participating in training programs

HB4499 - 838 - LRB102 21455 LNS 30572 b
certified by the Board, in an amount equaling 1/2 of the
total sum paid by such agencies during the State's
previous fiscal year for mandated training for
probationary law enforcement police officers or
probationary county corrections officers and for optional
advanced and specialized law enforcement or county
corrections training; these reimbursements may include the
costs for tuition at training schools, the salaries of
trainees while in schools, and the necessary travel and
room and board expenses for each trainee; if the
appropriations under this paragraph (2) are not sufficient
to fully reimburse the participating local governmental
agencies, the available funds shall be apportioned among
such agencies, with priority first given to repayment of
the costs of mandatory training given to law enforcement
officer or county corrections officer recruits, then to
repayment of costs of advanced or specialized training for
permanent law enforcement police officers or permanent
county corrections officers;
(3) a portion of the total amount deposited in the
Fund may be used to fund the Intergovernmental Law
Enforcement Officer's In-Service Training Act, veto
overridden October 29, 1981, as now or hereafter amended,
at a rate and method to be determined by the board;
(4) a portion of the Fund also may be used by the
Illinois State Police for expenses incurred in the

HB4499 - 839 - LRB102 21455 LNS 30572 b
training of employees from any State, county, or municipal
agency whose function includes enforcement of criminal or
traffic law;
(5) a portion of the Fund may be used by the Board to
fund grant-in-aid programs and services for the training
of employees from any county or municipal agency whose
functions include corrections or the enforcement of
criminal or traffic law;
(6) for fiscal years 2013 through 2017 only, a portion
of the Fund also may be used by the Department of State
Police to finance any of its lawful purposes or functions;
(7) a portion of the Fund may be used by the Board,
subject to appropriation, to administer grants to local
law enforcement agencies for the purpose of purchasing
bulletproof vests under the Law Enforcement Officer
Bulletproof Vest Act; and
(8) a portion of the Fund may be used by the Board to
create a law enforcement grant program available for units
of local government to fund crime prevention programs,
training, and interdiction efforts, including enforcement
and prevention efforts, relating to the illegal cannabis
market and driving under the influence of cannabis.
All payments from the Traffic and Criminal Conviction
Surcharge Fund shall be made each year from moneys
appropriated for the purposes specified in this Section. No
more than 50% of any appropriation under this Act shall be

HB4499 - 840 - LRB102 21455 LNS 30572 b
spent in any city having a population of more than 500,000. The
State Comptroller and the State Treasurer shall from time to
time, at the direction of the Governor, transfer from the
Traffic and Criminal Conviction Surcharge Fund to the General
Revenue Fund in the State Treasury such amounts as the
Governor determines are in excess of the amounts required to
meet the obligations of the Traffic and Criminal Conviction
Surcharge Fund.
(Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; revised 10-5-21.)
(50 ILCS 705/10) (from Ch. 85, par. 510)
Sec. 10. The Board may make, amend and rescind such rules
and regulations as may be necessary to carry out the
provisions of this Act, including those relating to the annual
certification of retired law enforcement officers qualified
under federal law to carry a concealed weapon. A copy of all
rules and regulations and amendments or rescissions thereof
shall be filed with the Secretary of State within a reasonable
time after their adoption. The schools certified by the Board
and participating in the training program may dismiss from the
school any trainee prior to the officer's his completion of
the course, if in the opinion of the person in charge of the
training school, the trainee is unable or unwilling to
satisfactorily complete the prescribed course of training.
The Board shall adopt emergency rules to administer this

HB4499 - 841 - LRB102 21455 LNS 30572 b
Act in accordance with Section 5-45 of the Illinois
Administrative Procedure Act. For the purposes of the Illinois
Administrative Procedure Act, the General Assembly finds that
the adoption of rules to implement this Act is deemed an
emergency and necessary to the public interest, safety, and
welfare.
(Source: P.A. 94-103, eff. 7-1-05; 101-652.)
(50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
Sec. 10.1. Additional training programs. The Board shall
initiate, administer, and conduct training programs for
permanent law enforcement police officers and permanent county
corrections officers in addition to the basic recruit training
program. The Board may initiate, administer, and conduct
training programs for part-time law enforcement police
officers in addition to the basic part-time law enforcement
police training course. The training for permanent and
part-time law enforcement police officers and permanent county
corrections officers may be given in any schools selected by
the Board. Such training may include all or any part of the
subjects enumerated in Section 7 of this Act.
The corporate authorities of all participating local
governmental agencies may elect to participate in the advanced
training for permanent and part-time law enforcement police
officers and permanent county corrections officers but
nonparticipation in this program shall not in any way affect

HB4499 - 842 - LRB102 21455 LNS 30572 b
the mandatory responsibility of governmental units to
participate in the basic recruit training programs for
probationary full-time and part-time law enforcement police
and permanent county corrections officers. The failure of any
permanent or part-time law enforcement police officer or
permanent county corrections officer to successfully complete
any course authorized under this Section shall not affect the
officer's status as a member of the police department or
county sheriff's office of any local governmental agency.
The Board may initiate, administer, and conduct training
programs for clerks of circuit courts. Those training
programs, at the Board's discretion, may be the same or
variations of training programs for law enforcement officers.
The Board shall initiate, administer, and conduct a
training program regarding the set up and operation of
portable scales for all municipal and county police officers,
technicians, and employees who set up and operate portable
scales. This training program must include classroom and field
training.
(Source: P.A. 90-271, eff. 7-30-97, 91-129, eff. 7-16-99;
101-652.)
(50 ILCS 705/10.2)
(Text of Section before amendment by P.A. 101-652)
Sec. 10.2. Criminal background investigations.
(a) On and after March 14, 2002 (the effective date of

HB4499 - 843 - LRB102 21455 LNS 30572 b
Public Act 92-533), an applicant for employment as a peace
officer, or for annual certification as a retired law
enforcement officer qualified under federal law to carry a
concealed weapon, shall authorize an investigation to
determine if the applicant has been convicted of, or entered a
plea of guilty to, any criminal offense that disqualifies the
person as a peace officer.
(b) No law enforcement agency may knowingly employ a
person, or certify a retired law enforcement officer qualified
under federal law to carry a concealed weapon, unless (i) a
criminal background investigation of that person has been
completed and (ii) that investigation reveals no convictions
of or pleas of guilty to offenses specified in subsection (a)
of Section 6.1 of this Act.
(Source: P.A. 101-187, eff. 1-1-20; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 10.2. Criminal background investigations.
(a) On and after March 14, 2002 (the effective date of
Public Act 92-533) this amendatory Act of the 92nd General
Assembly, an applicant for employment as a peace officer, or
for annual certification as a retired law enforcement officer
qualified under federal law to carry a concealed weapon, shall
authorize an investigation to determine if the applicant has
been convicted of, or entered a plea of guilty to, any criminal
offense that disqualifies the person as a peace officer.

HB4499 - 844 - LRB102 21455 LNS 30572 b
(b) No governmental law enforcementagency may knowingly
employ a person, or certify a retired law enforcement officer
qualified under federal law to carry a concealed weapon,
unless (i) a criminal background investigation of that person
has been completed and (ii) that investigation reveals no
convictions of or pleas of guilty to of offenses specified in
subsection (a) of Section 6.1 of this Act.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
102-558, eff. 8-20-21.)
(50 ILCS 705/10.3)
Sec. 10.3. Training of law enforcement police officers to
conduct electronic interrogations.
(a) From appropriations made to it for that purpose, the
Board shall initiate, administer, and conduct training
programs for permanent law enforcement police officers,
part-time law enforcement police officers, and recruits on the
methods and technical aspects of conducting electronic
recordings of interrogations.
(b) Subject to appropriation, the Board shall develop
technical guidelines for the mandated recording of custodial
interrogations in all homicide investigations by law
enforcement agencies. These guidelines shall be developed in
conjunction with law enforcement agencies and technology
accreditation groups to provide guidance for law enforcement
agencies in implementing the mandated recording of custodial

HB4499 - 845 - LRB102 21455 LNS 30572 b
interrogations in all homicide investigations.
(Source: P.A. 95-688, eff. 10-23-07; 101-652.)
(50 ILCS 705/10.7)
(Text of Section before amendment by P.A. 101-652)
Sec. 10.7. Mandatory training; police chief and deputy
police chief. Each police chief and deputy police chief shall
obtain at least 20 hours of training each year. The training
must be approved by the Illinois Law Enforcement Training
Standards Board and must be related to law enforcement,
management or executive development, or ethics. This
requirement may be satisfied by attending any training portion
of a conference held by an association that represents chiefs
of police that has been approved by the Illinois Law
Enforcement Training Standards Board. Any police chief and any
deputy police chief, upon presentation of a certificate of
completion from the person or entity conducting the training,
shall be reimbursed by the municipality in accordance with the
municipal policy regulating the terms of reimbursement, for
his or her reasonable expenses in obtaining the training
required under this Section. No police chief or deputy police
chief may attend any recognized training offering without the
prior approval of his or her municipal mayor, manager, or
immediate supervisor.
This Section does not apply to the City of Chicago or the
Sheriff's Police Department in Cook County.

HB4499 - 846 - LRB102 21455 LNS 30572 b
(Source: P.A. 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 10.7. Mandatory training; police chief and deputy
police chief. Each police chief and deputy police chief shall
obtain at least 20 hours of training each year. The training
must be approved by the Illinois Law Enforcement Training and
Standards Board and must be related to law enforcement,
management or executive development, or ethics. This
requirement may be satisfied by attending any training portion
of a conference held by an association that represents chiefs
of police that has been approved by the Illinois Law
Enforcement Training and Standards Board. Any police chief and
any deputy police chief, upon presentation of a certificate of
completion from the person or entity conducting the training,
shall be reimbursed by the municipality in accordance with the
municipal policy regulating the terms of reimbursement, for
the officer's his or her reasonable expenses in obtaining the
training required under this Section. No police chief or
deputy police chief may attend any recognized training
offering without the prior approval of the officer's his or
her municipal mayor, manager, or immediate supervisor.
This Section does not apply to the City of Chicago or the
Sheriff's Police Department in Cook County.
(Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21.)

HB4499 - 847 - LRB102 21455 LNS 30572 b
(50 ILCS 705/10.11)
(Text of Section before amendment by P.A. 101-652)
Sec. 10.11. Training; death and homicide investigation.
The Illinois Law Enforcement Training Standards Board shall
conduct or approve a training program in death and homicide
investigation for the training of law enforcement officers of
local government agencies. Only law enforcement officers who
successfully complete the training program may be assigned as
lead investigators in death and homicide investigations.
Satisfactory completion of the training program shall be
evidenced by a certificate issued to the law enforcement
officer by the Illinois Law Enforcement Training Standards
Board.
The Illinois Law Enforcement Training Standards Board
shall develop a process for waiver applications sent by a
local law enforcement agency administrator for those officers
whose prior training and experience as homicide investigators
may qualify them for a waiver. The Board may issue a waiver at
its discretion, based solely on the prior training and
experience of an officer as a homicide investigator. This
Section does not affect or impede the powers of the office of
the coroner to investigate all deaths as provided in Division
3-3 of the Counties Code and the Coroner Training Board Act.
(Source: P.A. 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)

HB4499 - 848 - LRB102 21455 LNS 30572 b
Sec. 10.11. Training; death and homicide investigation.
The Illinois Law Enforcement Training and Standards Board
shall conduct or approve a training program in death and
homicide investigation for the training of law enforcement
officers of local government agencies. Only law enforcement
officers who successfully complete the training program may be
assigned as lead investigators in death and homicide
investigations. Satisfactory completion of the training
program shall be evidenced by a certificate issued to the law
enforcement officer by the Illinois Law Enforcement Training
and Standards Board.
The Illinois Law Enforcement Training and Standards Board
shall develop a process for waiver applications sent by a
local governmental law enforcement agency administrator for
those officers whose prior training and experience as homicide
investigators may qualify them for a waiver. The Board may
issue a waiver at its discretion, based solely on the prior
training and experience of an officer as a homicide
investigator. This Section does not affect or impede the
powers of the office of the coroner to investigate all deaths
as provided in Division 3-3 of the Counties Code and the
Coroner Training Board Act.
(Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21.)
(50 ILCS 705/10.12)
Sec. 10.12. Police dog training standards. All police dogs

HB4499 - 849 - LRB102 21455 LNS 30572 b
used by State and local governmental law enforcement agencies
for drug enforcement purposes pursuant to the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act shall be
trained by programs that meet the minimum certification
requirements set by the Board.
(Source: P.A. 101-27, eff. 6-25-19; 101-652.)
(50 ILCS 705/10.13)
Sec. 10.13. Training; Post-Traumatic Stress Disorder
(PTSD). The Illinois Law Enforcement Training Standards Board
shall conduct or approve a training program in Post-Traumatic
Stress Disorder (PTSD) for law enforcement officers of local
governmental government agencies. The purpose of that training
shall be to equip law enforcement officers of local
governmental government agencies to identify the symptoms of
PTSD and to respond appropriately to individuals exhibiting
those symptoms.
(Source: P.A. 97-1040, eff. 1-1-13; 101-652.)
(50 ILCS 705/10.16)
Sec. 10.16. Veterans' awareness. The Illinois Law
Enforcement Training Standards Board may conduct or approve a
training program in veterans' awareness for law enforcement
officers of local government agencies. The program shall train
law enforcement officers to identify issues relating to

HB4499 - 850 - LRB102 21455 LNS 30572 b
veterans and provide guidelines dictating how law enforcement
officers should respond to and address such issues. Each local
governmental government agency is encouraged to designate an
individual to respond to veterans' issues.
(Source: P.A. 98-960, eff. 1-1-15; 101-652.)
(50 ILCS 705/10.18)
Sec. 10.18. Training; administration of opioid
antagonists. The Board shall conduct or approve an in-service
training program for law enforcement police officers in the
administration of opioid antagonists as defined in paragraph
(1) of subsection (e) of Section 5-23 of the Substance Use
Disorder Act that is in accordance with that Section. As used
in this Section, the term "law enforcement police officers"
includes full-time or part-time probationary law enforcement
police officers, permanent or part-time law enforcement police
officers, law enforcement officers, recruits, permanent or
probationary county corrections officers, permanent or
probationary county security officers, and court security
officers. The term does not include auxiliary police officers
as defined in Section 3.1-30-20 of the Illinois Municipal
Code.
(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
100-759, eff. 1-1-19; 101-652.)
(50 ILCS 705/10.19)

HB4499 - 851 - LRB102 21455 LNS 30572 b
Sec. 10.19. Training; administration of epinephrine.
(a) This Section, along with Section 40 of the Illinois
State Police Act, may be referred to as the Annie LeGere Law.
(b) For purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the
automatic injection of a pre-measured dose of epinephrine into
the human body prescribed in the name of a local governmental
agency.
(c) The Board shall conduct or approve an optional
advanced training program for law enforcement police officers
to recognize and respond to anaphylaxis, including the
administration of an epinephrine auto-injector. The training
must include, but is not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Board.
(d) A local governmental agency may authorize a law

HB4499 - 852 - LRB102 21455 LNS 30572 b
enforcement police officer who has completed an optional
advanced training program under subsection (c) to carry,
administer, or assist with the administration of epinephrine
auto-injectors provided by the local governmental agency
whenever the officer he or she is performing official duties.
(e) A local governmental agency that authorizes its
officers to carry and administer epinephrine auto-injectors
under subsection (d) must establish a policy to control the
acquisition, storage, transportation, administration, and
disposal of epinephrine auto-injectors and to provide
continued training in the administration of epinephrine
auto-injectors.
(f) A physician, physician's assistant with prescriptive
authority, or advanced practice registered nurse with
prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of a
local governmental agency to be maintained for use when
necessary.
(g) When a law enforcement police officer administers an
epinephrine auto-injector in good faith, the law enforcement
police officer and local governmental agency, and its
employees and agents, including a physician, physician's
assistant with prescriptive authority, or advanced practice
registered nurse with prescriptive authority who provides a
standing order or prescription for an epinephrine
auto-injector, incur no civil or professional liability,

HB4499 - 853 - LRB102 21455 LNS 30572 b
except for willful and wanton conduct, or as a result of any
injury or death arising from the use of an epinephrine
auto-injector.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-5-21.)
(50 ILCS 705/10.20)
Sec. 10.20. Disposal of medications. The Board shall
develop rules and minimum standards for local governmental
agencies that authorize law enforcement police officers to
dispose of unused medications under Section 18 of the Safe
Pharmaceutical Disposal Act.
(Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17;
101-652.)
(50 ILCS 705/10.22)
Sec. 10.22. School resource officers.
(a) The Board shall develop or approve a course for school
resource officers as defined in Section 10-20.68 of the School
Code.
(b) The school resource officer course shall be developed
within one year after January 1, 2019 (the effective date of
Public Act 100-984) and shall be created in consultation with
organizations demonstrating expertise and or experience in the
areas of youth and adolescent developmental issues,
educational administrative issues, prevention of child abuse

HB4499 - 854 - LRB102 21455 LNS 30572 b
and exploitation, youth mental health treatment, and juvenile
advocacy.
(c) The Board shall develop a process allowing law
enforcement agencies to request a waiver of this training
requirement for any specific individual assigned as a school
resource officer. Applications for these waivers may be
submitted by a local governmental law enforcement agency chief
administrator for any officer whose prior training and
experience may qualify for a waiver of the training
requirement of this subsection (c). The Board may issue a
waiver at its discretion, based solely on the prior training
and experience of an officer.
(d) Upon completion, the employing agency shall be issued
a certificate attesting to a specific officer's completion of
the school resource officer training. Additionally, a letter
of approval shall be issued to the employing agency for any
officer who is approved for a training waiver under this
subsection (d).
(Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19;
101-652.)
(50 ILCS 705/3.1 rep.)
(50 ILCS 705/6.3 rep.)
(50 ILCS 705/6.6 rep.)
(50 ILCS 705/6.7 rep.)
(50 ILCS 705/8.3 rep.)

HB4499 - 855 - LRB102 21455 LNS 30572 b
(50 ILCS 705/8.4 rep.)
(50 ILCS 705/9.2 rep.)
(50 ILCS 705/13 rep.)
Section 380. The Illinois Police Training Act is amended
by repealing Sections 3.1, 6.3, 6.6, 6.7, 8.3, 8.4, 9.2, and
13.
Section 385. The Illinois Police Training Act is amended
by reenacting Sections 6.2 and 10.5 as follows:
(50 ILCS 705/6.2)
Sec. 6.2. Officer professional conduct database.
(a) All law enforcement agencies shall notify the Board of
any final determination of willful violation of department or
agency policy, official misconduct, or violation of law when:
(1) the officer is discharged or dismissed as a result
of the violation; or
(2) the officer resigns during the course of an
investigation and after the officer has been served notice
that he or she is under investigation that is based on the
commission of a Class 2 or greater felony.
The agency shall report to the Board within 30 days of a
final decision of discharge or dismissal and final exhaustion
of any appeal, or resignation, and shall provide information
regarding the nature of the violation.
(b) Upon receiving notification from a law enforcement

HB4499 - 856 - LRB102 21455 LNS 30572 b
agency, the Board must notify the law enforcement officer of
the report and his or her right to provide a statement
regarding the reported violation.
(c) The Board shall maintain a database readily available
to any chief administrative officer, or his or her designee,
of a law enforcement agency that shall show each reported
instance, including the name of the officer, the nature of the
violation, reason for the final decision of discharge or
dismissal, and any statement provided by the officer.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 705/10.5)
Sec. 10.5. Conservators of the Peace training course. The
Board shall initiate, administer, and conduct a training
course for conservators of the peace. The training course may
include all or any part of the subjects enumerated in Section
7. The Board shall issue a certificate to those persons
successfully completing the course.
For the purposes of this Section, "conservators of the
peace" means those persons designated under Section 3.1-15-25
of the Illinois Municipal Code and Section 4-7 of the Park
District Code.
(Source: P.A. 90-540, eff. 12-1-97.)
Section 390. The Counties Code is amended by changing
Section 3-6001.5 as follows:

HB4499 - 857 - LRB102 21455 LNS 30572 b
(55 ILCS 5/3-6001.5)
Sec. 3-6001.5. Sheriff qualifications. A On or after the
effective date of this amendatory Act of the 98th General
Assembly, except as otherwise provided in this Section, a
person is not eligible to be elected or appointed to the office
of sheriff, unless that person meets all of the following
requirements:
(1) Is a United States citizen.
(2) Has been a resident of the county for at least one
year.
(3) Is not a convicted felon.
(4) Has a certificate attesting to his or her
successful completion of the Minimum Standards Basic Law
Enforcement Officers Training Course as prescribed by the
Illinois Law Enforcement Training Standards Board or a
substantially similar training program of another state or
the federal government. This paragraph does not apply to a
sheriff currently serving on the effective date of this
amendatory Act of the 101st General Assembly.
(Source: P.A. 98-115, eff. 7-29-13; 101-652.)
Section 999. Effective date. This Act takes effect upon
becoming law.
HB4499 - 858 - LRB102 21455 LNS 30572 b
INDEX
Statutes amended in order of appearance
5 ILCS 845/Act rep.
730 ILCS 205/Act rep.
730 ILCS 210/Act rep.
20 ILCS 5165/Act rep.
5 ILCS 70/1.43 rep.
5 ILCS 140/2.15
5 ILCS 160/4a
5 ILCS 315/14 from Ch. 48, par. 1614
5 ILCS 820/1
5 ILCS 820/5
5 ILCS 820/10
5 ILCS 820/15
5 ILCS 820/20
5 ILCS 820/30
5 ILCS 820/35
5 ILCS 820/21 rep.
15 ILCS 205/10 rep.
20 ILCS 2605/2605-302 was 20 ILCS 2605/55a in part
20 ILCS 2610/14 from Ch. 121, par. 307.14
20 ILCS 2610/17c rep.
20 ILCS 3930/7.7 rep.
20 ILCS 3930/7.8 rep.
50 ILCS 105/4.1 rep.
HB4499 - 859 - LRB102 21455 LNS 30572 b
50 ILCS 205/3b
50 ILCS 205/25 rep.
50 ILCS 705/6 from Ch. 85, par. 506
50 ILCS 705/6.2
50 ILCS 705/7
50 ILCS 705/10.17
50 ILCS 705/10.6 rep.
50 ILCS 706/10-15
50 ILCS 706/10-20
50 ILCS 706/10-25
50 ILCS 709/5-10
50 ILCS 709/5-12
50 ILCS 709/5-20
50 ILCS 709/5-11 rep.
50 ILCS 725/3.2 from Ch. 85, par. 2555
50 ILCS 725/3.4 from Ch. 85, par. 2557
50 ILCS 725/3.8 from Ch. 85, par. 2561
50 ILCS 725/6 from Ch. 85, par. 2567
50 ILCS 727/1-35 rep.
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
55 ILCS 5/3-6041 rep.
65 ILCS 5/11-5.1-2 rep.
65 ILCS 5/1-2-12.1
110 ILCS 12/15
HB4499 - 860 - LRB102 21455 LNS 30572 b
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
410 ILCS 70/7.5
625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204
625 ILCS 5/6-206
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 5/6-209.1
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-208.6
625 ILCS 5/11-208.8
625 ILCS 5/11-208.9
625 ILCS 5/11-1201.1
625 ILCS 5/4-214.1
625 ILCS 5/6-306.5 from Ch. 95 1/2, par. 6-306.5
625 ILCS 5/6-306.6 from Ch. 95 1/2, par. 6-306.6
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
705 ILCS 405/5-150
HB4499 - 861 - LRB102 21455 LNS 30572 b
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
720 ILCS 5/7-5 from Ch. 38, par. 7-5
720 ILCS 5/7-5.5
720 ILCS 5/7-9 from Ch. 38, par. 7-9
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/33-3 from Ch. 38, par. 33-3
720 ILCS 5/7-15 rep.
720 ILCS 5/7-16 rep.
720 ILCS 5/33-9 rep.
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
HB4499 - 862 - LRB102 21455 LNS 30572 b
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
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 5/103-2 from Ch. 38, par. 103-2
725 ILCS 5/103-3 from Ch. 38, par. 103-3
725 ILCS 5/108-8 from Ch. 38, par. 108-8
725 ILCS 5/110-6.3 from Ch. 38, par. 110-6.3
HB4499 - 863 - LRB102 21455 LNS 30572 b
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
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
HB4499 - 864 - LRB102 21455 LNS 30572 b
730 ILCS 5/5-8A-7
730 ILCS 5/8-2-1 from Ch. 38, par. 1008-2-1
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
730 ILCS 5/5-4.5-95
730 ILCS 5/5-4.5-100
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
730 ILCS 5/5-8-6 from Ch. 38, par. 1005-8-6
730 ILCS 5/5-8A-2 from Ch. 38, par. 1005-8A-2
730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4
730 ILCS 5/5-8A-4.1
730 ILCS 5/5-6-3.8 rep.
730 ILCS 110/18
730 ILCS 125/5 from Ch. 75, par. 105
730 ILCS 130/3 from Ch. 75, par. 32
730 ILCS 167/20
730 ILCS 168/20
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
735 ILCS 5/21-103
740 ILCS 22/220
750 ILCS 60/223 from Ch. 40, par. 2312-23
750 ILCS 60/301 from Ch. 40, par. 2313-1
HB4499 - 865 - LRB102 21455 LNS 30572 b
765 ILCS 1045/11 from Ch. 140, par. 111
775 ILCS 40/50
820 ILCS 405/602 from Ch. 48, par. 432
730 ILCS 5/3-6-7.1 rep.
730 ILCS 5/3-6-7.2 rep.
730 ILCS 5/3-6-7.3 rep.
730 ILCS 5/3-6-7.4 rep.
730 ILCS 125/17.6 rep.
730 ILCS 125/17.7 rep.
730 ILCS 125/17.8 rep.
730 ILCS 125/17.9 rep.
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 140/7 from Ch. 116, par. 207
5 ILCS 140/7.5
5 ILCS 350/1 from Ch. 127, par. 1301
20 ILCS 415/4c from Ch. 127, par. 63b104c
20 ILCS 2605/2605-50 was 20 ILCS 2605/55a-6
20 ILCS 2610/3 from Ch. 121, par. 307.3
20 ILCS 2610/6 from Ch. 121, par. 307.6
20 ILCS 2610/8 from Ch. 121, par. 307.8
20 ILCS 2610/9 from Ch. 121, par. 307.9
20 ILCS 2610/6.5 rep.
20 ILCS 2610/11.5 rep.
20 ILCS 2610/11.6 rep.
20 ILCS 2610/12.6 rep.
HB4499 - 866 - LRB102 21455 LNS 30572 b
20 ILCS 2610/12.7 rep.
20 ILCS 2610/40.1 rep.
20 ILCS 2610/46 rep.
50 ILCS 705/2 from Ch. 85, par. 502
50 ILCS 705/3 from Ch. 85, par. 503
50 ILCS 705/6 from Ch. 85, par. 506
50 ILCS 705/6.1
50 ILCS 705/7
50 ILCS 705/7.5
50 ILCS 705/8 from Ch. 85, par. 508
50 ILCS 705/8.1 from Ch. 85, par. 508.1
50 ILCS 705/8.2
50 ILCS 705/9 from Ch. 85, par. 509
50 ILCS 705/10 from Ch. 85, par. 510
50 ILCS 705/10.1 from Ch. 85, par. 510.1
50 ILCS 705/10.2
50 ILCS 705/10.3
50 ILCS 705/10.7
50 ILCS 705/10.11
50 ILCS 705/10.12
50 ILCS 705/10.13
50 ILCS 705/10.16
50 ILCS 705/10.18
50 ILCS 705/10.19
50 ILCS 705/10.20
50 ILCS 705/10.22
HB4499 - 867 - LRB102 21455 LNS 30572 b