Bill Text: IL HB5089 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Departments of State Government Law. Changes the head of the Department of State Police from Director of State Police to Superintendent of State Police. Provides that any reference to the Director or Assistant Director of State Police in the Illinois Compiled Statutes or the Administrative Code shall be interpreted to mean the Superintendent or Assistant Superintendent of State Police. Provides that the Superintendent of State Police must either be a current sworn State Police officer or a sworn State Police officer who retired in good standing. Provides that if the Superintendent is a sworn State Police officer who retired in good standing, that person shall both receive an annual salary and continue to receive his or her retirement annuity. Amends the Department of State Police Law to provide for duties of the Office of the Superintendent of State Police, including appointment of an Assistant Superintendent and a Chief of Staff. Amends the State Employee Article of the Illinois Pension Code. Establishes a defined contribution plan for Superintendents of State Police who receive a retirement annuity during their service in that capacity. Adds provisions concerning employee and employer contributions, vesting, investment options, and qualified plan status. Provides that an annuitant who serves as the Superintendent of State Police is excluded from provisions requiring the suspension of a retirement annuity of a person who re-enters service. Makes related and conforming changes throughout the Illinois Compiled Statutes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-04-13 - Rule 19(a) / Re-referred to Rules Committee [HB5089 Detail]

Download: Illinois-2017-HB5089-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5089

Introduced , by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:
See Index

Amends the Departments of State Government Law. Changes the head of the Department of State Police from Director of State Police to Superintendent of State Police. Provides that any reference to the Director or Assistant Director of State Police in the Illinois Compiled Statutes or the Administrative Code shall be interpreted to mean the Superintendent or Assistant Superintendent of State Police. Provides that the Superintendent of State Police must either be a current sworn State Police officer or a sworn State Police officer who retired in good standing. Provides that if the Superintendent is a sworn State Police officer who retired in good standing, that person shall both receive an annual salary and continue to receive his or her retirement annuity. Amends the Department of State Police Law to provide for duties of the Office of the Superintendent of State Police, including appointment of an Assistant Superintendent and a Chief of Staff. Amends the State Employee Article of the Illinois Pension Code. Establishes a defined contribution plan for Superintendents of State Police who receive a retirement annuity during their service in that capacity. Adds provisions concerning employee and employer contributions, vesting, investment options, and qualified plan status. Provides that an annuitant who serves as the Superintendent of State Police is excluded from provisions requiring the suspension of a retirement annuity of a person who re-enters service. Makes related and conforming changes throughout the Illinois Compiled Statutes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB5089LRB100 18322 RJF 33527 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The State Employee Indemnification Act is
5amended by changing Section 1 as follows:
6 (5 ILCS 350/1) (from Ch. 127, par. 1301)
7 Sec. 1. Definitions. For the purpose of this Act:
8 (a) The term "State" means the State of Illinois, the
9General Assembly, the court, or any State office, department,
10division, bureau, board, commission, or committee, the
11governing boards of the public institutions of higher education
12created by the State, the Illinois National Guard, the
13Comprehensive Health Insurance Board, any poison control
14center designated under the Poison Control System Act that
15receives State funding, or any other agency or instrumentality
16of the State. It does not mean any local public entity as that
17term is defined in Section 1-206 of the Local Governmental and
18Governmental Employees Tort Immunity Act or a pension fund.
19 (b) The term "employee" means: any present or former
20elected or appointed officer, trustee or employee of the State,
21or of a pension fund; any present or former commissioner or
22employee of the Executive Ethics Commission or of the
23Legislative Ethics Commission; any present or former

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1Executive, Legislative, or Auditor General's Inspector
2General; any present or former employee of an Office of an
3Executive, Legislative, or Auditor General's Inspector
4General; any present or former member of the Illinois National
5Guard while on active duty; individuals or organizations who
6contract with the Department of Corrections, the Department of
7Juvenile Justice, the Comprehensive Health Insurance Board, or
8the Department of Veterans' Affairs to provide services;
9individuals or organizations who contract with the Department
10of Human Services (as successor to the Department of Mental
11Health and Developmental Disabilities) to provide services
12including but not limited to treatment and other services for
13sexually violent persons; individuals or organizations who
14contract with the Department of Military Affairs for youth
15programs; individuals or organizations who contract to perform
16carnival and amusement ride safety inspections for the
17Department of Labor; individuals who contract with the Office
18of the State's Attorneys Appellate Prosecutor to provide legal
19services, but only when performing duties within the scope of
20the Office's prosecutorial activities; individual
21representatives of or designated organizations authorized to
22represent the Office of State Long-Term Ombudsman for the
23Department on Aging; individual representatives of or
24organizations designated by the Department on Aging in the
25performance of their duties as adult protective services
26agencies or regional administrative agencies under the Adult

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1Protective Services Act; individuals or organizations
2appointed as members of a review team or the Advisory Council
3under the Adult Protective Services Act; individuals or
4organizations who perform volunteer services for the State
5where such volunteer relationship is reduced to writing;
6individuals who serve on any public entity (whether created by
7law or administrative action) described in paragraph (a) of
8this Section; individuals or not for profit organizations who,
9either as volunteers, where such volunteer relationship is
10reduced to writing, or pursuant to contract, furnish
11professional advice or consultation to any agency or
12instrumentality of the State; individuals who serve as foster
13parents for the Department of Children and Family Services when
14caring for youth in care as defined in Section 4d of the
15Children and Family Services Act; individuals who serve as
16members of an independent team of experts under Brian's Law;
17and individuals who serve as arbitrators pursuant to Part 10A
18of Article II of the Code of Civil Procedure and the rules of
19the Supreme Court implementing Part 10A, each as now or
20hereafter amended; the term "employee" does not mean an
21independent contractor except as provided in this Section. The
22term includes an individual appointed as an inspector by the
23Superintendent Director of State Police when performing duties
24within the scope of the activities of a Metropolitan
25Enforcement Group or a law enforcement organization
26established under the Intergovernmental Cooperation Act. An

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1individual who renders professional advice and consultation to
2the State through an organization which qualifies as an
3"employee" under the Act is also an employee. The term includes
4the estate or personal representative of an employee.
5 (c) The term "pension fund" means a retirement system or
6pension fund created under the Illinois Pension Code.
7(Source: P.A. 100-159, eff. 8-18-17.)
8 Section 10. The Civil Administrative Code of Illinois is
9amended by changing Sections 5-20 and 5-410 and by adding
10Section 5-240 as follows:
11 (20 ILCS 5/5-20) (was 20 ILCS 5/4)
12 Sec. 5-20. Heads of departments. Each department shall have
13an officer as its head who shall be known as director or
14secretary, or as otherwise provided in this Section, and who
15shall, subject to the provisions of the Civil Administrative
16Code of Illinois, execute the powers and discharge the duties
17vested by law in his or her respective department.
18 The following officers are hereby created:
19 Director of Aging, for the Department on Aging.
20 Director of Agriculture, for the Department of
21Agriculture.
22 Director of Central Management Services, for the
23Department of Central Management Services.
24 Director of Children and Family Services, for the

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1Department of Children and Family Services.
2 Director of Commerce and Economic Opportunity, for the
3Department of Commerce and Economic Opportunity.
4 Director of Corrections, for the Department of
5Corrections.
6 Director of the Illinois Emergency Management Agency, for
7the Illinois Emergency Management Agency.
8 Director of Employment Security, for the Department of
9Employment Security.
10 Secretary of Financial and Professional Regulation, for
11the Department of Financial and Professional Regulation.
12 Director of Healthcare and Family Services, for the
13Department of Healthcare and Family Services.
14 Director of Human Rights, for the Department of Human
15Rights.
16 Secretary of Human Services, for the Department of Human
17Services.
18 Director of Juvenile Justice, for the Department of
19Juvenile Justice.
20 Director of Labor, for the Department of Labor.
21 Director of the Lottery, for the Department of the Lottery.
22 Director of Natural Resources, for the Department of
23Natural Resources.
24 Director of Public Health, for the Department of Public
25Health.
26 Director of Revenue, for the Department of Revenue.

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1 Superintendent Director of State Police, for the
2Department of State Police.
3 Secretary of Transportation, for the Department of
4Transportation.
5 Director of Veterans' Affairs, for the Department of
6Veterans' Affairs.
7(Source: P.A. 97-464, eff. 10-15-11; 97-618, eff. 10-26-11;
897-813, eff. 7-13-12; 98-499, eff. 8-16-13.)
9 (20 ILCS 5/5-240 new)
10 Sec. 5-240. Superintendent of State Police.
11 (a) The Superintendent of State Police must either be a
12current sworn State Police officer or a sworn State Police
13officer who retired in good standing. The requirements of this
14subsection (a) shall not apply to any person serving as the
15Director of State Police on the effective date of this
16amendatory Act of the 100th General Assembly, and shall apply
17only after the Office of the Director becomes vacant and a
18Superintendent of State Police is appointed as successor by the
19Governor.
20 (b) Any reference in these Statutes or in the
21Administrative Code to the Director of State Police shall be
22construed to mean the Superintendent of State Police. Any
23reference in these Statutes or in the Administrative Code to
24the Assistant Director of State Police shall be construed to
25mean the Assistant Superintendent of State Police.

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1 (20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
2 Sec. 5-410. In the Department of State Police. The
3Superintendent Director of State Police shall receive an annual
4salary as set by the Compensation Review Board. If the
5Superintendent is a sworn State Police officer who retired in
6good standing as provided in Section 5-240, that person shall
7both receive an annual salary as provided in this Section, and
8continue to receive his or her retirement annuity as provided
9in subsection (a) of Section 14-111 of the Illinois Pension
10Code.
11 The Assistant Director of State Police shall receive an
12annual salary as set by the Compensation Review Board.
13(Source: P.A. 96-800, eff. 10-30-09.)
14 (20 ILCS 5/5-180 rep.)
15 Section 12. The Civil Administrative Code of Illinois is
16amended by repealing Section 5-180.
17 Section 15. The Department of State Police Law of the Civil
18Administrative Code of Illinois is amended by changing Sections
192605-5, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, 2605-55,
202605-90, 2605-95, 2605-140, 2605-200, 2605-250, 2605-375,
212605-400, 2605-405, 2605-485, and 2605-605, and by adding
22Section 2605-51 as follows:

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1 (20 ILCS 2605/2605-5)
2 Sec. 2605-5. Definitions. In this Law:
3 "Department" means the Department of State Police.
4 "Superintendent" "Director" means the Superintendent
5Director of State Police.
6 "Missing endangered senior" means an individual 65 years of
7age or older or a person with Alzheimer's disease or related
8dementias who is reported missing to a law enforcement agency
9and is, or is believed to be:
10 (1) a temporary or permanent resident of Illinois;
11 (2) at a location that cannot be determined by an
12 individual familiar with the missing individual; and
13 (3) incapable of returning to the individual's
14 residence without assistance.
15(Source: P.A. 96-442, eff. 1-1-10.)
16 (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
17 Sec. 2605-25. Department divisions. The Department is
18divided into the Office of the Superintendent, the Illinois
19State Police Academy, the Office of the Statewide 9-1-1
20Administrator, and 4 divisions: the Division of Operations, the
21Division of Forensic Services, the Division of Administration,
22and the Division of Internal Investigation.
23(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
24 (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)

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1 Sec. 2605-30. Division of Operations (formerly State
2Troopers). The Division of Operations shall exercise the
3following functions and those in Section 2605-35:
4 (1) Cooperate with federal and State authorities
5 requesting utilization of the Department's radio network
6 system under the Illinois Aeronautics Act.
7 (2) Exercise the rights, powers, and duties of the
8 State Police under the State Police Act.
9 (3) Exercise the rights, powers, and duties vested by
10 law in the Department by the State Police Radio Act.
11 (4) Exercise the rights, powers, and duties of the
12 Department vested by law in the Department and the Illinois
13 State Police by the Illinois Vehicle Code.
14 (5) Exercise other duties that have been or may be
15 vested by law in the Illinois State Police.
16 (6) Exercise other duties that may be assigned by the
17 Superintendent Director in order to fulfill the
18 responsibilities and to achieve the purposes of the
19 Department.
20(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
21 (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
22 Sec. 2605-35. Division of Operations (formerly Criminal
23Investigation).
24 (a) The Division of Operations shall exercise the following
25functions and those in Section 2605-30:

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1 (1) Exercise the rights, powers, and duties vested by
2 law in the Department by the Illinois Horse Racing Act of
3 1975.
4 (2) Investigate the origins, activities, personnel,
5 and incidents of crime and enforce the criminal laws of
6 this State related thereto.
7 (3) Enforce all laws regulating the production, sale,
8 prescribing, manufacturing, administering, transporting,
9 having in possession, dispensing, delivering,
10 distributing, or use of controlled substances and
11 cannabis.
12 (4) Cooperate with the police of cities, villages, and
13 incorporated towns and with the police officers of any
14 county in enforcing the laws of the State and in making
15 arrests and recovering property.
16 (5) Apprehend and deliver up any person charged in this
17 State or any other state with treason or a felony or other
18 crime who has fled from justice and is found in this State.
19 (6) Investigate recipients and providers under the
20 Illinois Public Aid Code and any personnel involved in the
21 administration of the Code who are suspected of any
22 violation of the Code pertaining to fraud in the
23 administration, receipt, or provision of assistance and
24 pertaining to any violation of criminal law; and exercise
25 the functions required under Section 2605-220 in the
26 conduct of those investigations.

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1 (7) Conduct other investigations as provided by law.
2 (8) Exercise the powers and perform the duties that
3 have been vested in the Department by the Sex Offender
4 Registration Act and the Sex Offender Community
5 Notification Law; and promulgate reasonable rules and
6 regulations necessitated thereby.
7 (9) Exercise other duties that may be assigned by the
8 Superintendent Director in order to fulfill the
9 responsibilities and achieve the purposes of the
10 Department.
11 (b) There is hereby established in the Division of
12Operations the Office of Coordination of Gang Prevention,
13hereafter referred to as the Office.
14 The Office shall consult with units of local government and
15school districts to assist them in gang control activities and
16to administer a system of grants to units of local government
17and school districts that, upon application, have demonstrated
18a workable plan to reduce gang activity in their area. The
19grants shall not include reimbursement for personnel, nor shall
20they exceed 75% of the total request by any applicant. The
21grants may be calculated on a proportional basis, determined by
22funds available to the Department for this purpose. The
23Department has the authority to promulgate appropriate rules
24and regulations to administer this program.
25 The Office shall establish mobile units of trained
26personnel to respond to gang activities.

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1 The Office shall also consult with and use the services of
2religious leaders and other celebrities to assist in gang
3control activities.
4 The Office may sponsor seminars, conferences, or any other
5educational activity to assist communities in their gang crime
6control activities.
7(Source: P.A. 94-945, eff. 6-27-06.)
8 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
9 Sec. 2605-40. Division of Forensic Services. The Division
10of Forensic Services shall exercise the following functions:
11 (1) Exercise the rights, powers, and duties vested by
12 law in the Department by the Criminal Identification Act.
13 (2) Exercise the rights, powers, and duties vested by
14 law in the Department by Section 2605-300 of this Law.
15 (3) Provide assistance to local law enforcement
16 agencies through training, management, and consultant
17 services.
18 (4) (Blank).
19 (5) Exercise other duties that may be assigned by the
20 Superintendent Director in order to fulfill the
21 responsibilities and achieve the purposes of the
22 Department.
23 (6) Establish and operate a forensic science
24 laboratory system, including a forensic toxicological
25 laboratory service, for the purpose of testing specimens

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1 submitted by coroners and other law enforcement officers in
2 their efforts to determine whether alcohol, drugs, or
3 poisonous or other toxic substances have been involved in
4 deaths, accidents, or illness. Forensic toxicological
5 laboratories shall be established in Springfield, Chicago,
6 and elsewhere in the State as needed.
7 (6.5) Establish administrative rules in order to set
8 forth standardized requirements for the disclosure of
9 toxicology results and other relevant documents related to
10 a toxicological analysis. These administrative rules are
11 to be adopted to produce uniform and sufficient information
12 to allow a proper, well-informed determination of the
13 admissibility of toxicology evidence and to ensure that
14 this evidence is presented competently. These
15 administrative rules are designed to provide a minimum
16 standard for compliance of toxicology evidence and is not
17 intended to limit the production and discovery of material
18 information. These administrative rules shall be submitted
19 by the Department of State Police into the rulemaking
20 process under the Illinois Administrative Procedure Act on
21 or before June 30, 2017.
22 (7) Subject to specific appropriations made for these
23 purposes, establish and coordinate a system for providing
24 accurate and expedited forensic science and other
25 investigative and laboratory services to local law
26 enforcement agencies and local State's Attorneys in aid of

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1 the investigation and trial of capital cases.
2(Source: P.A. 99-801, eff. 1-1-17.)
3 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
4 Sec. 2605-45. Division of Administration. The Division of
5Administration shall exercise the following functions:
6 (1) Exercise the rights, powers, and duties vested in
7 the Department by the Governor's Office of Management and
8 Budget Act.
9 (2) Pursue research and the publication of studies
10 pertaining to local law enforcement activities.
11 (3) Exercise the rights, powers, and duties vested in
12 the Department by the Personnel Code.
13 (4) Operate an electronic data processing and computer
14 center for the storage and retrieval of data pertaining to
15 criminal activity.
16 (5) Exercise the rights, powers, and duties vested in
17 the former Division of State Troopers by Section 17 of the
18 State Police Act.
19 (6) Exercise the rights, powers, and duties vested in
20 the Department by "An Act relating to internal auditing in
21 State government", approved August 11, 1967 (repealed; now
22 the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
23 (6.5) Exercise the rights, powers, and duties vested in
24 the Department by the Firearm Owners Identification Card
25 Act.

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1 (7) Exercise other duties that may be assigned by the
2 Superintendent Director to fulfill the responsibilities
3 and achieve the purposes of the Department.
4(Source: P.A. 94-793, eff. 5-19-06.)
5 (20 ILCS 2605/2605-51 new)
6 Sec. 2605-51. Office of the Superintendent.
7 (a) The Office of the Superintendent shall be responsible
8for the following functions:
9 (1) to exercise the rights, powers, and duties vested
10 in the Department by the Personnel Code; and
11 (2) to exercise the rights, powers, and duties of the
12 Department for the following: audits, the Illinois State
13 Police Academy, budgetary and fiscal matters, equal
14 employment opportunities, executive protection, human
15 resources, intergovernmental relations, internal legal
16 services, labor relations, public relations and
17 information, recruitment, and research and development.
18 (b) The Superintendent shall appoint an Assistant
19Superintendent and a Chief of Staff for the Department. The
20Assistant Superintendent shall be an officer of the Illinois
21State Police, shall come from within the ranks of State Police
22officers, and shall be responsible for the day-to-day
23operations of the Department. The Divisions shall be headed by
24Colonels who shall report directly to the Assistant
25Superintendent. The Chief of Staff shall be an officer of the

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1Illinois State Police and be the Chief Administrative Officer
2for the Department, shall come from within the ranks of State
3Police officers. The Bureau Chiefs of the offices under the
4Office of the Superintendent shall report directly to the Chief
5of Staff. The Chief of Staff may appoint a Deputy Chief of
6Staff.
7 (20 ILCS 2605/2605-55)
8 Sec. 2605-55. Badges. The Superintendent Director must
9authorize to each State trooper, police officer, and
10investigator and to any other employee of the Department
11exercising the powers of a peace officer a distinct badge that,
12on its face, (i) clearly states that the badge is authorized by
13the Department and (ii) contains a unique identifying number.
14No other badge shall be authorized by the Department.
15(Source: P.A. 91-883, eff. 1-1-01.)
16 (20 ILCS 2605/2605-90)
17 Sec. 2605-90. Training; death and homicide investigations.
18The Department shall provide training in death and homicide
19investigation for State police officers. Only State police
20officers who successfully complete the training may be assigned
21as lead investigators in death and homicide investigations.
22Satisfactory completion of the training shall be evidenced by a
23certificate issued to the officer by the Department.
24 The Superintendent Director shall develop a process for

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1waiver applications for those officers whose prior training and
2experience as homicide investigators may qualify them for a
3waiver. The Superintendent Director may issue a waiver at his
4or her discretion, based solely on the prior training and
5experience of an officer as a homicide investigator.
6(Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12.)
7 (20 ILCS 2605/2605-95)
8 Sec. 2605-95. Training; police dog training standards.
9Beginning July 1, 2012, all police dogs used by the Department
10for drug enforcement purposes pursuant to the Cannabis Control
11Act (720 ILCS 550/), the Illinois Controlled Substances Act
12(720 ILCS 570/), and the Methamphetamine Control and Community
13Protection Act (720 ILCS 646/) shall be trained by programs
14that meet the certification requirements set by the
15Superintendent Director or the Superintendent's Director's
16designee. Satisfactory completion of the training shall be
17evidenced by a certificate issued by the Department.
18(Source: P.A. 97-469, eff. 7-1-12.)
19 (20 ILCS 2605/2605-140) (was 20 ILCS 2605/55a in part)
20 Sec. 2605-140. Narcotic Control Division Abolition Act. To
21exercise the rights, powers, and duties that have been vested
22in the Department and the Superintendent Director by the
23Narcotic Control Division Abolition Act.
24(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

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1eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
2eff. 8-14-98; 91-239, eff. 1-1-00.)
3 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
4 Sec. 2605-200. Investigations of crime; enforcement of
5laws.
6 (a) To do the following:
7 (1) Investigate the origins, activities, personnel,
8 and incidents of crime and the ways and means to redress
9 the victims of crimes; study the impact, if any, of
10 legislation relative to the effusion of crime and growing
11 crime rates; and enforce the criminal laws of this State
12 related thereto.
13 (2) Enforce all laws regulating the production, sale,
14 prescribing, manufacturing, administering, transporting,
15 having in possession, dispensing, delivering,
16 distributing, or use of controlled substances and
17 cannabis.
18 (3) Employ skilled experts, scientists, technicians,
19 investigators, or otherwise specially qualified persons to
20 aid in preventing or detecting crime, apprehending
21 criminals, or preparing and presenting evidence of
22 violations of the criminal laws of the State.
23 (4) Cooperate with the police of cities, villages, and
24 incorporated towns and with the police officers of any
25 county in enforcing the laws of the State and in making

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1 arrests and recovering property.
2 (5) Apprehend and deliver up any person charged in this
3 State or any other state of the United States with treason
4 or a felony or other crime who has fled from justice and is
5 found in this State.
6 (6) Conduct other investigations as provided by law.
7 (b) Persons exercising the powers set forth in subsection
8(a) within the Department are conservators of the peace and as
9such have all the powers possessed by policemen in cities and
10sheriffs, except that they may exercise those powers anywhere
11in the State in cooperation with and after contact with the
12local law enforcement officials. Those persons may use false or
13fictitious names in the performance of their duties under this
14Section, upon approval of the Superintendent Director, and
15shall not be subject to prosecution under the criminal laws for
16that use.
17(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
18eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
19eff. 8-14-98; 91-239, eff. 1-1-00.)
20 (20 ILCS 2605/2605-250) (was 20 ILCS 2605/55a in part)
21 Sec. 2605-250. Obtaining evidence. To expend the sums the
22Superintendent Director deems necessary from contractual
23services appropriations for the Division of Operations for the
24purchase of evidence and for the employment of persons to
25obtain evidence. The sums shall be advanced to agents

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1authorized by the Superintendent Director to expend funds, on
2vouchers signed by the Superintendent Director.
3(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
4eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
5eff. 8-14-98; 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
6 (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
7 Sec. 2605-375. Missing persons; Law Enforcement Agencies
8Data System (LEADS).
9 (a) To establish and maintain a statewide Law Enforcement
10Agencies Data System (LEADS) for the purpose of providing
11electronic access by authorized entities to criminal justice
12data repositories and effecting an immediate law enforcement
13response to reports of missing persons, including lost, missing
14or runaway minors and missing endangered seniors. The
15Department shall implement an automatic data exchange system to
16compile, to maintain, and to make available to other law
17enforcement agencies for immediate dissemination data that can
18assist appropriate agencies in recovering missing persons and
19provide access by authorized entities to various data
20repositories available through LEADS for criminal justice and
21related purposes. To assist the Department in this effort,
22funds may be appropriated from the LEADS Maintenance Fund.
23Funds may be appropriated from the LEADS Maintenance Fund to
24the Department to finance any of its lawful purposes or
25functions in relation to defraying the expenses associated with

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1establishing, maintaining, and supporting the issuance of
2electronic citations.
3 (b) In exercising its duties under this Section, the
4Department shall provide a uniform reporting format (LEADS) for
5the entry of pertinent information regarding the report of a
6missing person into LEADS. The report must include all of the
7following:
8 (1) Relevant information obtained from the
9 notification concerning the missing person, including all
10 of the following:
11 (A) a physical description of the missing person;
12 (B) the date, time, and place that the missing
13 person was last seen; and
14 (C) the missing person's address.
15 (2) Information gathered by a preliminary
16 investigation, if one was made.
17 (3) A statement by the law enforcement officer in
18 charge stating the officer's assessment of the case based
19 on the evidence and information received.
20 (b-5) The Department of State Police shall:
21 (1) Develop and implement a policy whereby a statewide
22 or regional alert would be used in situations relating to
23 the disappearances of individuals, based on criteria and in
24 a format established by the Department. Such a format shall
25 include, but not be limited to, the age of the missing
26 person and the suspected circumstance of the

HB5089- 22 -LRB100 18322 RJF 33527 b
1 disappearance.
2 (2) Notify all law enforcement agencies that reports of
3 missing persons shall be entered as soon as the minimum
4 level of data specified by the Department is available to
5 the reporting agency and that no waiting period for the
6 entry of the data exists.
7 (3) Compile and retain information regarding lost,
8 abducted, missing, or runaway minors in a separate data
9 file, in a manner that allows that information to be used
10 by law enforcement and other agencies deemed appropriate by
11 the Superintendent Director, for investigative purposes.
12 The information shall include the disposition of all
13 reported lost, abducted, missing, or runaway minor cases.
14 (4) Compile and maintain an historic data repository
15 relating to lost, abducted, missing, or runaway minors and
16 other missing persons, including, but not limited to,
17 missing endangered seniors, in order to develop and improve
18 techniques utilized by law enforcement agencies when
19 responding to reports of missing persons.
20 (5) Create a quality control program regarding
21 confirmation of missing person data, timeliness of entries
22 of missing person reports into LEADS, and performance
23 audits of all entering agencies.
24 (c) The Illinois Law Enforcement Training Standards Board
25shall conduct a training program for law enforcement personnel
26of local governmental agencies in the Missing Persons

HB5089- 23 -LRB100 18322 RJF 33527 b
1Identification Act.
2 (d) The Department of State Police shall perform the duties
3prescribed in the Missing Persons Identification Act, subject
4to appropriation.
5(Source: P.A. 97-402, eff. 8-16-11.)
6 (20 ILCS 2605/2605-400) (was 20 ILCS 2605/55a in part)
7 Sec. 2605-400. Fees; State Police Services Fund; audit.
8 (a) To charge, collect, and receive fees or moneys
9equivalent to the cost of providing Department personnel,
10equipment, and services to local governmental agencies when
11explicitly requested by a local governmental agency and
12pursuant to an intergovernmental agreement as provided by this
13Law, other State agencies, and federal agencies, including but
14not limited to fees or moneys equivalent to the cost of
15providing dispatching services, radio and radar repair, and
16training to local governmental agencies on terms and conditions
17that in the judgment of the Superintendent Director are in the
18best interest of the State; and to establish, charge, collect,
19and receive fees or moneys based on the cost of providing
20responses to requests for criminal history record information
21pursuant to positive identification and any Illinois or federal
22law authorizing access to some aspect of that information and
23to prescribe the form and manner for requesting and furnishing
24the information to the requestor on terms and conditions that
25in the judgment of the Superintendent Director are in the best

HB5089- 24 -LRB100 18322 RJF 33527 b
1interest of the State, provided fees for requesting and
2furnishing criminal history record information may be waived
3for requests in the due administration of the criminal laws.
4The Department may also charge, collect, and receive fees or
5moneys equivalent to the cost of providing electronic data
6processing lines or related telecommunication services to
7local governments, but only when those services can be provided
8by the Department at a cost less than that experienced by those
9local governments through other means. All services provided by
10the Department shall be conducted pursuant to contracts in
11accordance with the Intergovernmental Cooperation Act, and all
12telecommunication services shall be provided pursuant to the
13provisions of Section 405-270 of the Department of Central
14Management Services Law (20 ILCS 405/405-270).
15 (b) All fees received by the Department under the Civil
16Administrative Code of Illinois or the Illinois Uniform
17Conviction Information Act shall be deposited in a special fund
18in the State treasury to be known as the State Police Services
19Fund. The money deposited in the State Police Services Fund
20shall be appropriated to the Department for expenses of the
21Department.
22 (c) Upon the completion of any audit of the Department as
23prescribed by the Illinois State Auditing Act, which audit
24includes an audit of the State Police Services Fund, the
25Department shall make the audit open to inspection by any
26interested person.

HB5089- 25 -LRB100 18322 RJF 33527 b
1(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
2eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
3eff. 8-14-98; 91-239, eff. 1-1-00.)
4 (20 ILCS 2605/2605-405) (was 20 ILCS 2605/55a in part)
5 Sec. 2605-405. Applying for grants or contracts; moneys
6from other entities. To apply for grants or contracts and
7receive, expend, allocate, or disburse funds and moneys made
8available by public or private entities, including, but not
9limited to, contracts, bequests, grants, or receiving
10equipment from corporations, foundations, or public or private
11institutions of higher learning. All funds received by the
12Department from these sources shall be deposited into the
13appropriate fund in the State treasury to be appropriated to
14the Department for purposes as indicated by the grantor or
15contractor or, in the case of funds or moneys bequeathed or
16granted for no specific purpose, for any purpose deemed
17appropriate by the Superintendent Director in administering
18the responsibilities of the Department.
19(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
20eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
21eff. 8-14-98; 91-239, eff. 1-1-00.)
22 (20 ILCS 2605/2605-485)
23 Sec. 2605-485. Endangered Missing Person Advisory.
24 (a) A coordinated program known as the Endangered Missing

HB5089- 26 -LRB100 18322 RJF 33527 b
1Person Advisory is established within the Department of State
2Police. The purpose of the Endangered Missing Person Advisory
3is to provide a regional system for the rapid dissemination of
4information regarding a missing person who is believed to be a
5high-risk missing person as defined in Section 10 of the
6Missing Persons Identification Act.
7 (b) The AMBER Plan Task Force, established under Section
82605-480 of the Department of State Police Law, shall serve as
9the task force for the Endangered Missing Person Advisory. The
10AMBER Plan Task Force shall monitor and review the
11implementation and operation of the regional system developed
12under subsection (a), including procedures, budgetary
13requirements, and response protocols. The AMBER Plan Task Force
14shall also develop additional network resources for use in the
15system.
16 (c) The Department of State Police, in coordination with
17the Illinois Department on Aging, shall develop and implement a
18community outreach program to promote awareness among the
19State's healthcare facilities, nursing homes, assisted living
20facilities, and other senior centers. The guidelines and
21procedures shall ensure that specific health information about
22the missing person is not made public through the alert or
23otherwise.
24 (d) The Child Safety Coordinator, created under Section
252605-480 of the Department of State Police Law, shall act in
26the dual capacity of Child Safety Coordinator and Endangered

HB5089- 27 -LRB100 18322 RJF 33527 b
1Missing Person Coordinator. The Coordinator shall assist in the
2establishment of State standards and monitor the availability
3of federal funding that may become available to further the
4objectives of the Endangered Missing Person Advisory. The
5Department shall provide technical assistance for the
6Coordinator from its existing resources.
7 (e)(1) The Department of State Police, in cooperation with
8the Silver Search Task Force, shall develop as part of the
9Endangered Missing Person Advisory a coordinated statewide
10awareness program and toolkit to be used when a person 21 years
11of age or older who is believed to have Alzheimer's disease,
12other related dementia, or other dementia-like cognitive
13impairment is reported missing, which shall be referred to as
14Silver Search.
15 (2) The Department shall complete development and
16deployment of the Silver Search Awareness Program and toolkit
17on or before July 1, 2017.
18 (3) The Department of State Police shall establish a Silver
19Search Task Force within 90 days after the effective date of
20this amendatory Act of the 99th General Assembly to assist the
21Department in development and deployment of the Silver Search
22Awareness Program and toolkit. The Task Force shall establish
23the criteria and create a toolkit, which may include usage of
24Department of Transportation signs, under Section 2705-505.6
25of the Department of Transportation Law of the Civil
26Administrative Code of Illinois. The Task Force shall monitor

HB5089- 28 -LRB100 18322 RJF 33527 b
1and review the implementation and operation of that program,
2including procedures, budgetary requirements, standards, and
3minimum requirements for the training of law enforcement
4personnel on how to interact appropriately and effectively with
5individuals that suffer from Alzheimer's disease, other
6dementia, or other dementia-like cognitive impairment. The
7Task Force shall also develop additional network and financial
8resources for use in the system. The Task Force shall include,
9but is not limited to, one representative from each of the
10following:
11 (A) the Department of State Police;
12 (B) the Department on Aging;
13 (C) the Department of Public Health;
14 (D) the Illinois Law Enforcement Training Standards
15 Board;
16 (E) the Illinois Emergency Management Agency;
17 (F) the Secretary of State;
18 (G) the Department of Transportation;
19 (H) the Department of the Lottery;
20 (I) the Illinois Toll Highway Authority;
21 (J) a State association dedicated to Alzheimer's care,
22 support, and research;
23 (K) a State association dedicated to improving quality
24 of life for persons age 50 and over;
25 (L) a State group of area agencies involved in planning
26 and coordinating services and programs for older persons in

HB5089- 29 -LRB100 18322 RJF 33527 b
1 their respective areas;
2 (M) a State organization dedicated to enhancing
3 communication and cooperation between sheriffs;
4 (N) a State association of police chiefs and other
5 leaders of police and public safety organizations;
6 (O) a State association representing Illinois
7 publishers;
8 (P) a State association that advocates for the
9 broadcast industry;
10 (Q) a member of a large wireless telephone carrier; and
11 (R) a member of a small wireless telephone carrier.
12 The members of the Task Force designated in subparagraphs
13(A) through (I) of this paragraph (3) shall be appointed by the
14head of the respective agency. The members of the Task Force
15designated in subparagraphs (J) through (R) of this paragraph
16(3) shall be appointed by the Superintendent Director of State
17Police. The Superintendent Director of State Police or his or
18her designee shall serve as Chair of the Task Force.
19 The Task Force shall meet at least twice a year and shall
20provide a report on the operations of the Silver Search Program
21to the General Assembly and the Governor each year by June 30.
22 (4) Subject to appropriation, the Department of State
23Police, in coordination with the Department on Aging and the
24Silver Search Task Force, shall develop and implement a
25community outreach program to promote awareness of the Silver
26Search Program as part of the Endangered Missing Person

HB5089- 30 -LRB100 18322 RJF 33527 b
1Advisory among law enforcement agencies, the State's
2healthcare facilities, nursing homes, assisted living
3facilities, other senior centers, and the general population on
4or before January 1, 2017.
5 (5) The Child Safety Coordinator, created under Section
62605-480 of the Department of State Police Law of the Civil
7Administrative Code of Illinois, shall act in the capacity of
8Child Safety Coordinator, Endangered Missing Person
9Coordinator, and Silver Search Program Coordinator. The
10Coordinator, in conjunction with the members of the Task Force,
11shall assist the Department and the Silver Search Task Force in
12the establishment of State standards and monitor the
13availability of federal and private funding that may become
14available to further the objectives of the Endangered Missing
15Person Advisory and Silver Search Awareness Program. The
16Department shall provide technical assistance for the
17Coordinator from its existing resources.
18 (6) The Department of State Police shall provide
19administrative and other support to the Task Force.
20(Source: P.A. 99-322, eff. 1-1-16.)
21 (20 ILCS 2605/2605-605)
22 Sec. 2605-605. Violent Crime Intelligence Task Force. The
23Superintendent Director of State Police may establish a
24statewide multi-jurisdictional Violent Crime Intelligence Task
25Force led by the Department of State Police dedicated to

HB5089- 31 -LRB100 18322 RJF 33527 b
1combating gun violence, gun-trafficking, and other violent
2crime with the primary mission of preservation of life and
3reducing the occurrence and the fear of crime. The objectives
4of the Task Force shall include, but not be limited to,
5reducing and preventing illegal possession and use of firearms,
6firearm-related homicides, and other violent crimes.
7 (1) The Task Force may develop and acquire information,
8training, tools, and resources necessary to implement a
9data-driven approach to policing, with an emphasis on
10intelligence development.
11 (2) The Task Force may utilize information sharing,
12partnerships, crime analysis, and evidence-based practices to
13assist in the reduction of firearm-related shootings,
14homicides, and gun-trafficking.
15 (3) The Task Force may recognize and utilize best practices
16of community policing and may develop potential partnerships
17with faith-based and community organizations to achieve its
18goals.
19 (4) The Task Force may identify and utilize best practices
20in drug-diversion programs and other community-based services
21to redirect low-level offenders.
22 (5) The Task Force may assist in violence suppression
23strategies including, but not limited to, details in identified
24locations that have shown to be the most prone to gun violence
25and violent crime, focused deterrence against violent gangs and
26groups considered responsible for the violence in communities,

HB5089- 32 -LRB100 18322 RJF 33527 b
1and other intelligence driven methods deemed necessary to
2interrupt cycles of violence or prevent retaliation.
3 (6) In consultation with the Chief Procurement Officer, the
4Department of State Police may obtain contracts for software,
5commodities, resources, and equipment to assist the Task Force
6with achieving this Act. Any contracts necessary to support the
7delivery of necessary software, commodities, resources, and
8equipment are not subject to the Illinois Procurement Code,
9except for Sections 20-60, 20-65, 20-70, and 20-160 and Article
1050 of that Code, provided that the Chief Procurement Officer
11may, in writing with justification, waive any certification
12required under Article 50 of the Illinois Procurement Code.
13(Source: P.A. 100-3, eff. 1-1-18.)
14 Section 20. The State Police Act is amended by changing
15Sections 1, 2, 8, 9, 10, 13, 14, 18, 21, 22, and 23 as follows:
16 (20 ILCS 2610/1) (from Ch. 121, par. 307.1)
17 Sec. 1. The Department of State Police, hereinafter called
18the Department, shall maintain divisions in accordance with
19Section 2605-25 of the Department of State Police Law (20 ILCS
202605/2605-25). The Department, by the Superintendent Director,
21shall appoint State policemen, also known as State Police
22Officers, as provided in this Act.
23(Source: P.A. 91-239, eff. 1-1-00.)

HB5089- 33 -LRB100 18322 RJF 33527 b
1 (20 ILCS 2610/2) (from Ch. 121, par. 307.2)
2 Sec. 2. The Superintendent Director shall be responsible
3for the management and control of the Department. The
4Superintendent Director shall make and adopt rules and
5regulations for the direction, control, discipline and conduct
6of the members of the Department and such other rules for the
7government and operation of the Department as he may deem
8necessary. He shall also designate the authority and
9responsibility within the limits of this Act for each rank of
10State policemen in the Department.
11(Source: P.A. 85-1042.)
12 (20 ILCS 2610/8) (from Ch. 121, par. 307.8)
13 Sec. 8. The Board shall exercise jurisdiction over the
14certification for appointment and promotion, and over the
15discipline, removal, demotion and suspension of Department of
16State Police officers. Pursuant to recognized merit principles
17of public employment, the Board shall formulate, adopt, and put
18into effect rules, regulations and procedures for its operation
19and the transaction of its business. The Board shall establish
20a classification of ranks of persons subject to its
21jurisdiction and shall set standards and qualifications for
22each rank. Each Department of State Police officer appointed by
23the Superintendent Director shall be classified as a State
24Police officer as follows: trooper, sergeant, master sergeant,
25lieutenant, captain, major, or Special Agent.

HB5089- 34 -LRB100 18322 RJF 33527 b
1(Source: P.A. 100-49, eff. 1-1-18.)
2 (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
3 Sec. 9. Appointment; qualifications.
4 (a) Except as otherwise provided in this Section, the
5appointment of Department of State Police officers shall be
6made from those applicants who have been certified by the Board
7as being qualified for appointment. All persons so appointed
8shall, at the time of their appointment, be not less than 21
9years of age, or 20 years of age and have successfully
10completed 2 years of law enforcement studies at an accredited
11college or university. Any person appointed subsequent to
12successful completion of 2 years of such law enforcement
13studies shall not have power of arrest, nor shall he be
14permitted to carry firearms, until he reaches 21 years of age.
15In addition, all persons so certified for appointment shall be
16of sound mind and body, be of good moral character, be citizens
17of the United States, have no criminal records, possess such
18prerequisites of training, education and experience as the
19Board may from time to time prescribe, and shall be required to
20pass successfully such mental and physical tests and
21examinations as may be prescribed by the Board. Notwithstanding
22any Board rule to the contrary, all persons who meet one of the
23following requirements are deemed to have met the collegiate
24educational requirements:
25 (i) have been honorably discharged and who have been

HB5089- 35 -LRB100 18322 RJF 33527 b
1 awarded a Southwest Asia Service Medal, Kosovo Campaign
2 Medal, Korean Defense Service Medal, Afghanistan Campaign
3 Medal, Iraq Campaign Medal, or Global War on Terrorism
4 Expeditionary Medal by the United States Armed Forces;
5 (ii) are active members of the Illinois National Guard
6 or a reserve component of the United States Armed Forces
7 and who have been awarded a Southwest Asia Service Medal,
8 Kosovo Campaign Medal, Korean Defense Service Medal,
9 Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
10 War on Terrorism Expeditionary Medal as a result of
11 honorable service during deployment on active duty;
12 (iii) have been honorably discharged who served in a
13 combat mission by proof of hostile fire pay or imminent
14 danger pay during deployment on active duty; or
15 (iv) have at least 3 years of full active and
16 continuous military duty and received an honorable
17 discharge before hiring.
18 Preference shall be given in such appointments to persons
19who have honorably served in the military or naval services of
20the United States. All appointees shall serve a probationary
21period of 12 months from the date of appointment and during
22that period may be discharged at the will of the Superintendent
23Director. However, the Superintendent Director may in his or
24her sole discretion extend the probationary period of an
25officer up to an additional 6 months when to do so is deemed in
26the best interest of the Department.

HB5089- 36 -LRB100 18322 RJF 33527 b
1 (b) Notwithstanding the other provisions of this Act, after
2July 1, 1977 and before July 1, 1980, the Superintendent
3Director of State Police may appoint and promote not more than
420 persons having special qualifications as special agents as
5he deems necessary to carry out the Department's objectives.
6Any such appointment or promotion shall be ratified by the
7Board.
8 (c) During the 90 days following the effective date of this
9amendatory Act of 1995, the Superintendent Director of State
10Police may appoint up to 25 persons as State Police officers.
11These appointments shall be made in accordance with the
12requirements of this subsection (c) and any additional criteria
13that may be established by the Superintendent Director, but are
14not subject to any other requirements of this Act. The
15Superintendent Director may specify the initial rank for each
16person appointed under this subsection.
17 All appointments under this subsection (c) shall be made
18from personnel certified by the Board. A person certified by
19the Board and appointed by the Superintendent Director under
20this subsection must have been employed by the Illinois
21Commerce Commission on November 30, 1994 in a job title subject
22to the Personnel Code and in a position for which the person
23was eligible to earn "eligible creditable service" as a
24"noncovered employee", as those terms are defined in Article 14
25of the Illinois Pension Code.
26 Persons appointed under this subsection (c) shall

HB5089- 37 -LRB100 18322 RJF 33527 b
1thereafter be subject to the same requirements and procedures
2as other State police officers. A person appointed under this
3subsection must serve a probationary period of 12 months from
4the date of appointment, during which he or she may be
5discharged at the will of the Superintendent Director.
6 This subsection (c) does not affect or limit the
7Superintendent's Director's authority to appoint other State
8Police officers under subsection (a) of this Section.
9(Source: P.A. 100-11, eff. 7-1-17.)
10 (20 ILCS 2610/10) (from Ch. 121, par. 307.10)
11 Sec. 10. Except as provided in Section 9 of this Act,
12promotion of Department of State Police officers shall be made
13by the Superintendent Director from those candidates who have
14been certified to him as being qualified for promotion. The
15Board shall make certifications for promotions on the basis of
16job performance measurement, seniority, education, or written
17or oral examinations. All vacancies in all ranks above the
18lowest shall be filled by promotion.
19(Source: P.A. 84-25.)
20 (20 ILCS 2610/13) (from Ch. 121, par. 307.13)
21 Sec. 13. Disciplinary measures prescribed by the Board for
22Department of State Police officers may be taken by the
23Superintendent Director for the punishment of infractions of
24the rules and regulations of the respective divisions as

HB5089- 38 -LRB100 18322 RJF 33527 b
1promulgated by the Department. Such disciplinary measures may
2include suspension of any such officer for a reasonable period,
3not exceeding 30 days.
4 Any officer so suspended, within 10 days after suspension,
5may petition the Board in writing to review the suspension, and
6upon the filing of such petition with the Board, the Board
7shall within a reasonable amount of time, but no later than 30
8days after the date of request for review set the written
9petition for hearing before the Board upon not less than 10
10days' notice at a place to be designated by the chairman
11thereof. The Board may sustain the action of the Superintendent
12Director, reverse it with instructions that the officer receive
13his pay for the period involved, or reduce the length of
14suspension with instructions that the officer's pay be adjusted
15accordingly. No later than July 1, 1987, the Board shall
16promulgate rules which include the standards to be used in
17determining when compensation will be awarded to an officer who
18is found not guilty or has served a greater period of
19suspension than prescribed by the Board. The Board may not
20increase the length of suspension imposed by the Superintendent
21Director. The Board may, by unanimous decision, dismiss the
22petition if it has determined that there is no substantial
23basis for its review of the suspension. In all other respects,
24the hearing shall be conducted in the manner provided for in
25Section 14 hereof. The provisions of the "Administrative Review
26Law" and the rules adopted pursuant thereto shall apply to and

HB5089- 39 -LRB100 18322 RJF 33527 b
1govern all proceedings for the judicial review of any order of
2the board rendered pursuant to the provisions of this Section.
3(Source: P.A. 85-1042.)
4 (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
5 Sec. 14. Except as is otherwise provided in this Act, no
6Department of State Police officer shall be removed, demoted or
7suspended except for cause, upon written charges filed with the
8Board by the Superintendent Director and a hearing before the
9Board thereon upon not less than 10 days' notice at a place to
10be designated by the chairman thereof. At such hearing, the
11accused shall be afforded full opportunity to be heard in his
12or her own defense and to produce proof in his or her defense.
13Anyone filing a complaint against a State Police Officer must
14have the complaint supported by a sworn affidavit. Any such
15complaint, having been supported by a sworn affidavit, and
16having been found, in total or in part, to contain false
17information, shall be presented to the appropriate State's
18Attorney for a determination of prosecution.
19 Before any such officer may be interrogated or examined by
20or before the Board, or by a departmental agent or investigator
21specifically assigned to conduct an internal investigation,
22the results of which hearing, interrogation or examination may
23be the basis for filing charges seeking his or her suspension
24for more than 15 days or his or her removal or discharge, he or
25she shall be advised in writing as to what specific improper or

HB5089- 40 -LRB100 18322 RJF 33527 b
1illegal act he or she is alleged to have committed; he or she
2shall be advised in writing that his or her admissions made in
3the course of the hearing, interrogation or examination may be
4used as the basis for charges seeking his or her suspension,
5removal or discharge; and he or she shall be advised in writing
6that he or she has a right to counsel of his or her choosing,
7who may be present to advise him or her at any hearing,
8interrogation or examination. A complete record of any hearing,
9interrogation or examination shall be made, and a complete
10transcript or electronic recording thereof shall be made
11available to such officer without charge and without delay.
12 The Board shall have the power to secure by its subpoena
13both the attendance and testimony of witnesses and the
14production of books and papers in support of the charges and
15for the defense. Each member of the Board or a designated
16hearing officer shall have the power to administer oaths or
17affirmations. If the charges against an accused are established
18by a preponderance of evidence, the Board shall make a finding
19of guilty and order either removal, demotion, suspension for a
20period of not more than 180 days, or such other disciplinary
21punishment as may be prescribed by the rules and regulations of
22the Board which, in the opinion of the members thereof, the
23offense merits. Thereupon the Superintendent Director shall
24direct such removal or other punishment as ordered by the Board
25and if the accused refuses to abide by any such disciplinary
26order, the Superintendent Director shall remove him or her

HB5089- 41 -LRB100 18322 RJF 33527 b
1forthwith.
2 If the accused is found not guilty or has served a period
3of suspension greater than prescribed by the Board, the Board
4shall order that the officer receive compensation for the
5period involved. The award of compensation shall include
6interest at the rate of 7% per annum.
7 The Board may include in its order appropriate sanctions
8based upon the Board's rules and regulations. If the Board
9finds that a party has made allegations or denials without
10reasonable cause or has engaged in frivolous litigation for the
11purpose of delay or needless increase in the cost of
12litigation, it may order that party to pay the other party's
13reasonable expenses, including costs and reasonable attorney's
14fees. The State of Illinois and the Department shall be subject
15to these sanctions in the same manner as other parties.
16 In case of the neglect or refusal of any person to obey a
17subpoena issued by the Board, any circuit court, upon
18application of any member of the Board, may order such person
19to appear before the Board and give testimony or produce
20evidence, and any failure to obey such order is punishable by
21the court as a contempt thereof.
22 The provisions of the Administrative Review Law, and all
23amendments and modifications thereof, and the rules adopted
24pursuant thereto, shall apply to and govern all proceedings for
25the judicial review of any order of the Board rendered pursuant
26to the provisions of this Section.

HB5089- 42 -LRB100 18322 RJF 33527 b
1 Notwithstanding the provisions of this Section, a policy
2making officer, as defined in the Employee Rights Violation
3Act, of the Department of State Police shall be discharged from
4the Department of State Police as provided in the Employee
5Rights Violation Act, enacted by the 85th General Assembly.
6(Source: P.A. 96-891, eff. 5-10-10.)
7 (20 ILCS 2610/18) (from Ch. 121, par. 307.18)
8 Sec. 18. The Superintendent Director may also authorize any
9civilian employee of the Department who is not a State
10policeman to be a truck weighing inspector with the power of
11enforcing the provisions of Sections 15-102, 15-103, 15-107,
1215-111 and subsection (d) of Section 3-401 of the Illinois
13Vehicle Code.
14(Source: P.A. 88-476; 89-117, eff. 7-7-95.)
15 (20 ILCS 2610/21) (from Ch. 121, par. 307.18b)
16 Sec. 21. (a) The Department shall appoint as State
17policemen the number of persons required for assignment to the
18policing of toll highways by contracts made pursuant to Section
1920 of this Act; and such policemen shall have the same
20qualifications and shall be appointed and paid and shall
21receive the same benefits, as all other State policemen.
22 (b) The Superintendent Director shall assign such
23policemen in accordance with the contract provisions, which may
24authorize temporary increases or decreases in the number of

HB5089- 43 -LRB100 18322 RJF 33527 b
1policemen so assigned when emergency conditions so require.
2 (c) State policemen so assigned have, in policing the toll
3highways, all powers and duties of enforcement and arrest which
4Section 16 of this Act confers upon State policemen generally
5in policing other public highways and other areas, and in
6addition have the duty to enforce all regulations established
7by the Illinois State Toll Highway Authority pursuant to the
8authority of "An Act in relation to the construction,
9operation, regulation and maintenance of a system of toll
10highways and to create The Illinois State Toll Highway
11Authority, and to define its powers and duties, to make an
12appropriation in conjunction therewith", approved August 7,
131967, as amended.
14(Source: P.A. 85-1042.)
15 (20 ILCS 2610/22) (from Ch. 121, par. 307.18c)
16 Sec. 22. The Superintendent Director and the State
17policemen appointed by him, when authorized by the
18Superintendent Director, may expend such sums as the
19Superintendent Director deems necessary in the purchase of
20evidence and in the employment of persons to obtain evidence.
21 Such sums to be expended shall be advanced to the State
22policeman who is to make such purchase or employment from funds
23appropriated or made available by law for the support or use of
24the Department on vouchers therefor signed by the
25Superintendent Director.

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1(Source: P.A. 85-1042.)
2 (20 ILCS 2610/23) (from Ch. 121, par. 307.18d)
3 Sec. 23. The Superintendent Director may appoint auxiliary
4State policemen in such number as he deems necessary. Such
5auxiliary policemen shall not be regular State policemen. Such
6auxiliary State policemen shall not supplement members of the
7regular State police in the performance of their assigned and
8normal duties, except as otherwise provided herein. Such
9auxiliary State policemen shall only be assigned to perform the
10following duties: to aid or direct traffic, to aid in control
11of natural or man made disasters, or to aid in case of civil
12disorder as directed by the commanding officers.
13Identification symbols worn by such auxiliary State policemen
14shall be different and distinct from those used by State
15policemen. Such auxiliary State policemen shall at all times
16during the performance of their duties be subject to the
17direction and control of the commanding officer. Such auxiliary
18State policemen shall not carry firearms.
19 Auxiliary State policemen, prior to entering upon any of
20their duties, shall receive a course of training in such police
21procedures as shall be appropriate in the exercise of the
22powers conferred upon them, which training and course of study
23shall be determined and provided by the Department of State
24Police. Prior to the appointment of any auxiliary State
25policeman his fingerprints shall be taken and no person shall

HB5089- 45 -LRB100 18322 RJF 33527 b
1be appointed as such auxiliary State policeman if he has been
2convicted of a felony or other crime involving moral turpitude.
3 All auxiliary State policemen shall be between the age of
421 and 60 years, and shall serve without compensation.
5 The Line of Duty Compensation Act shall be applicable to
6auxiliary State policemen upon their death in the line of duty
7described herein.
8(Source: P.A. 95-331, eff. 8-21-07.)
9 Section 25. The State Police Radio Act is amended by
10changing Section 10 as follows:
11 (20 ILCS 2615/10)
12 Sec. 10. Public safety radio interoperability. Upon their
13establishment and thereafter, the Superintendent Director of
14State Police, or his or her designee, shall serve as the
15chairman of the Illinois Statewide Interoperability Executive
16Committee (SIEC) and as the chairman of the STARCOM21 Oversight
17Committee. The Superintendent Director, as chairman, may
18increase the size and makeup of the voting membership of each
19committee when deemed necessary for improved public safety
20radio interoperability, but the voting membership of each
21committee must represent public safety users (police, fire, or
22EMS) and must, at a minimum, include the representatives
23specified in this Section. The STARCOM21 Oversight Committee
24must comprise public safety users accessing the system. The

HB5089- 46 -LRB100 18322 RJF 33527 b
1SIEC shall have at a minimum one representative from each of
2the following: the Illinois Fire Chiefs Association, the Rural
3Fire Protection Association, the Office of the State Fire
4Marshal, the Illinois Association of Chiefs of Police, the
5Illinois Sheriffs' Association, the Illinois State Police, the
6Illinois Emergency Management Agency, the Department of Public
7Health, and the Secretary of State Police (which representative
8shall be the Director of the Secretary of State Police or his
9or her designee).
10(Source: P.A. 94-1005, eff. 7-3-06.)
11 Section 30. The Narcotic Control Division Abolition Act is
12amended by changing Sections 1, 3, 4, 7, and 9 as follows:
13 (20 ILCS 2620/1) (from Ch. 127, par. 55d)
14 Sec. 1. The Division of Narcotic Control is abolished and
15its functions are transferred to and shall be administered by
16the Department of State Police.
17 When used in this Act, unless the context otherwise
18indicates:
19 "Department" means the Department of State Police;
20 "Superintendent" "Director" means the Superintendent
21Director of the Department of State Police.
22(Source: P.A. 84-25.)
23 (20 ILCS 2620/3) (from Ch. 127, par. 55f)

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1 Sec. 3. The Superintendent Director may, in conformity with
2the Personnel Code, employ such inspectors, physicians,
3pharmacists, chemists, clerical and other employees as are
4necessary to carry out the duties of the Department.
5(Source: P.A. 76-442.)
6 (20 ILCS 2620/4) (from Ch. 127, par. 55g)
7 Sec. 4. The Superintendent Director and the inspectors
8appointed by him are conservators of the peace and as such have
9all the powers possessed by policemen in cities and by
10sheriffs, except that they may exercise such powers anywhere in
11the State, in enforcing the duties conferred upon the
12Department by Section 2 of this Act.
13(Source: P.A. 76-442.)
14 (20 ILCS 2620/7) (from Ch. 127, par. 55j)
15 Sec. 7. Expenditures; evidence; forfeited property.
16 (a) The Superintendent Director and the inspectors
17appointed by him, when authorized by the Superintendent
18Director, may expend such sums as the Superintendent Director
19deems necessary in the purchase of controlled substances and
20cannabis for evidence and in the employment of persons to
21obtain evidence.
22 Such sums to be expended shall be advanced to the officer
23who is to make such purchase or employment from funds
24appropriated or made available by law for the support or use of

HB5089- 48 -LRB100 18322 RJF 33527 b
1the Department on vouchers therefor signed by the
2Superintendent Director. The Superintendent Director and such
3officers are authorized to maintain one or more commercial
4checking accounts with any State banking corporation or
5corporations organized under or subject to the Illinois Banking
6Act for the deposit and withdrawal of moneys to be used for the
7purchase of evidence and for the employment of persons to
8obtain evidence; provided that no check may be written on nor
9any withdrawal made from any such account except on the written
10signatures of 2 persons designated by the Superintendent
11Director to write such checks and make such withdrawals.
12 (b) The Superintendent Director is authorized to maintain
13one or more commercial bank accounts with any State banking
14corporation or corporations organized under or subject to the
15Illinois Banking Act, as now or hereafter amended, for the
16deposit or withdrawal of (i) moneys forfeited to the
17Department, including the proceeds of the sale of forfeited
18property, as provided in Section 2 of the State Officers and
19Employees Money Disposition Act, as now or hereafter amended,
20pending disbursement to participating agencies and deposit of
21the Department's share as provided in subsection (c), and (ii)
22all moneys being held as evidence by the Department, pending
23final court disposition; provided that no check may be written
24on or any withdrawal made from any such account except on the
25written signatures of 2 persons designated by the
26Superintendent Director to write such checks and make such

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1withdrawals.
2 (c) All moneys received by the Illinois State Police as
3their share of forfeited funds (including the proceeds of the
4sale of forfeited property) received pursuant to the Drug Asset
5Forfeiture Procedure Act, the Cannabis Control Act, the
6Illinois Controlled Substances Act, the Methamphetamine
7Control and Community Protection Act, the Environmental
8Protection Act, or any other Illinois law shall be deposited
9into the State Asset Forfeiture Fund, which is hereby created
10as an interest-bearing special fund in the State treasury.
11 All moneys received by the Illinois State Police as their
12share of forfeited funds (including the proceeds of the sale of
13forfeited property) received pursuant to federal equitable
14sharing transfers shall be deposited into the Federal Asset
15Forfeiture Fund, which is hereby created as an interest-bearing
16special fund in the State treasury.
17 The moneys deposited into the State Asset Forfeiture Fund
18and the Federal Asset Forfeiture Fund shall be appropriated to
19the Department of State Police and may be used by the Illinois
20State Police in accordance with law.
21(Source: P.A. 94-556, eff. 9-11-05.)
22 (20 ILCS 2620/9) (from Ch. 127, par. 55l)
23 Sec. 9. The Superintendent Director shall, in an annual
24report to the Governor, report the results obtained in the
25enforcement of this Act, together with such other information

HB5089- 50 -LRB100 18322 RJF 33527 b
1and recommendations as he deems proper.
2(Source: P.A. 76-442.)
3 Section 35. The Criminal Identification Act is amended by
4changing Section 1 as follows:
5 (20 ILCS 2630/1) (from Ch. 38, par. 206-1)
6 Sec. 1. The Department of State Police hereinafter referred
7to as the "Department", is hereby empowered to cope with the
8task of criminal identification and investigation.
9 The Superintendent Director of the Department of State
10Police shall, from time to time, appoint such employees or
11assistants as may be necessary to carry out this work.
12Employees or assistants so appointed shall receive salaries
13subject to the standard pay plan provided for in the "Personnel
14Code", approved July 18, 1955, as amended.
15(Source: P.A. 84-25.)
16 Section 40. The Illinois Uniform Conviction Information
17Act is amended by changing Sections 3, 6, 9, and 17 as follows:
18 (20 ILCS 2635/3) (from Ch. 38, par. 1603)
19 Sec. 3. Definitions. Whenever used in this Act, and for the
20purposes of this Act, unless the context clearly indicates
21otherwise:
22 (A) "Accurate" means factually correct, containing no

HB5089- 51 -LRB100 18322 RJF 33527 b
1mistake or error of a material nature.
2 (B) The phrase "administer the criminal laws" includes any
3of the following activities: intelligence gathering,
4surveillance, criminal investigation, crime detection and
5prevention (including research), apprehension, detention,
6pretrial or post-trial release, prosecution, the correctional
7supervision or rehabilitation of accused persons or criminal
8offenders, criminal identification activities, data analysis
9and research done by the sentencing commission, or the
10collection, maintenance or dissemination of criminal history
11record information.
12 (C) "The Authority" means the Illinois Criminal Justice
13Information Authority.
14 (D) "Automated" means the utilization of computers,
15telecommunication lines, or other automatic data processing
16equipment for data collection or storage, analysis,
17processing, preservation, maintenance, dissemination, or
18display and is distinguished from a system in which such
19activities are performed manually.
20 (E) "Complete" means accurately reflecting all the
21criminal history record information about an individual that is
22required to be reported to the Department pursuant to Section
232.1 of the Criminal Identification Act.
24 (F) "Conviction information" means data reflecting a
25judgment of guilt or nolo contendere. The term includes all
26prior and subsequent criminal history events directly relating

HB5089- 52 -LRB100 18322 RJF 33527 b
1to such judgments, such as, but not limited to: (1) the
2notation of arrest; (2) the notation of charges filed; (3) the
3sentence imposed; (4) the fine imposed; and (5) all related
4probation, parole, and release information. Information ceases
5to be "conviction information" when a judgment of guilt is
6reversed or vacated.
7 For purposes of this Act, continuances to a date certain in
8furtherance of an order of supervision granted under Section
95-6-1 of the Unified Code of Corrections or an order of
10probation granted under either Section 10 of the Cannabis
11Control Act, Section 410 of the Illinois Controlled Substances
12Act, Section 70 of the Methamphetamine Control and Community
13Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
1412-3.05 of the Criminal Code of 1961 or the Criminal Code of
152012, Section 10-102 of the Illinois Alcoholism and Other Drug
16Dependency Act, Section 40-10 of the Alcoholism and Other Drug
17Abuse and Dependency Act, or Section 10 of the Steroid Control
18Act shall not be deemed "conviction information".
19 (G) "Criminal history record information" means data
20identifiable to an individual, including information collected
21under Section 4.5 of the Criminal Identification Act, and
22consisting of descriptions or notations of arrests,
23detentions, indictments, informations, pretrial proceedings,
24trials, or other formal events in the criminal justice system
25or descriptions or notations of criminal charges (including
26criminal violations of local municipal ordinances) and the

HB5089- 53 -LRB100 18322 RJF 33527 b
1nature of any disposition arising therefrom, including
2sentencing, court or correctional supervision, rehabilitation
3and release. The term does not apply to statistical records and
4reports in which individuals are not identified and from which
5their identities are not ascertainable, or to information that
6is for criminal investigative or intelligence purposes.
7 (H) "Criminal justice agency" means (1) a government agency
8or any subunit thereof which is authorized to administer the
9criminal laws and which allocates a substantial part of its
10annual budget for that purpose, or (2) an agency supported by
11public funds which is authorized as its principal function to
12administer the criminal laws and which is officially designated
13by the Department as a criminal justice agency for purposes of
14this Act.
15 (I) "The Department" means the Illinois Department of State
16Police.
17 (J) "Superintendent" "Director" means the Superintendent
18Director of the Illinois Department of State Police.
19 (K) "Disseminate" means to disclose or transmit conviction
20information in any form, oral, written, or otherwise.
21 (L) "Exigency" means pending danger or the threat of
22pending danger to an individual or property.
23 (M) "Non-criminal justice agency" means a State agency,
24Federal agency, or unit of local government that is not a
25criminal justice agency. The term does not refer to private
26individuals, corporations, or non-governmental agencies or

HB5089- 54 -LRB100 18322 RJF 33527 b
1organizations.
2 (M-5) "Request" means the submission to the Department, in
3the form and manner required, the necessary data elements or
4fingerprints, or both, to allow the Department to initiate a
5search of its criminal history record information files.
6 (N) "Requester" means any private individual, corporation,
7organization, employer, employment agency, labor organization,
8or non-criminal justice agency that has made a request pursuant
9to this Act to obtain conviction information maintained in the
10files of the Department of State Police regarding a particular
11individual.
12 (O) "Statistical information" means data from which the
13identity of an individual cannot be ascertained,
14reconstructed, or verified and to which the identity of an
15individual cannot be linked by the recipient of the
16information.
17 (P) "Sentencing commission" means the Sentencing Policy
18Advisory Council.
19(Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17.)
20 (20 ILCS 2635/6) (from Ch. 38, par. 1606)
21 Sec. 6. Dissemination Time Frames and Priorities.
22 (A) The Department's duty and obligation to furnish
23criminal history record information to peace officers and
24criminal justice agencies shall take precedence over any
25requirement of this Act to furnish conviction information to

HB5089- 55 -LRB100 18322 RJF 33527 b
1non-criminal justice agencies or to the public. When, in the
2judgment of the Superintendent Director, such duties and
3obligations are being fulfilled in a timely manner, the
4Department shall furnish conviction information to requesters
5in accordance with the provisions of this Act. The Department
6may give priority to requests for conviction information from
7non-criminal justice agencies over other requests submitted
8pursuant to this Act.
9 (B) The Department shall attempt to honor requests for
10conviction information made pursuant to this Act in the
11shortest time possible. Subject to the dissemination
12priorities of subsection (A) of this Section, the Department
13shall respond to a request for conviction information within 2
14weeks from receipt of a request.
15(Source: P.A. 85-922.)
16 (20 ILCS 2635/9) (from Ch. 38, par. 1609)
17 Sec. 9. Procedural Requirements for Disseminating
18Conviction Information.
19 (A) In accordance with the time parameters of Section 6 and
20the requirements of subsection (B) of this Section 9, the
21Department shall either: (1) transmit conviction information
22to the requester, including an explanation of any code or
23abbreviation; (2) explain to the requester why the information
24requested cannot be transmitted; or (3) inform the requester of
25any deficiency in the request.

HB5089- 56 -LRB100 18322 RJF 33527 b
1 (B) Prior to a non-automated dissemination or within 30
2days subsequent to an automated dissemination made pursuant to
3this Act, the Department shall first conduct a formal update
4inquiry and review to make certain that the information
5disseminated is complete, except (1) in cases of exigency, (2)
6upon request of another criminal justice agency, (3) for
7conviction information that is less than 30 days old, or (4)
8for information intentionally fabricated upon the express
9written authorization of the Superintendent Director of State
10Police to support undercover law enforcement efforts.
11 It shall be the responsibility of the Department to retain
12a record of every extra-agency dissemination of conviction
13information for a period of not less than 3 years. Such records
14shall be subject to audit by the Department, and shall, upon
15request, be supplied to the individual to whom the information
16pertains for requests from members of the general public,
17corporations, organizations, employers, employment agencies,
18labor organizations and non-criminal justice agencies. At a
19minimum, the following information shall be recorded and
20retained by the Department:
21 (1) The name of the individual to whom the disseminated
22 information pertains;
23 (2) The name of the individual requesting the
24 information;
25 (3) The date of the request;
26 (4) The name and address of the private individual,

HB5089- 57 -LRB100 18322 RJF 33527 b
1 corporation, organization, employer, employment agency,
2 labor organization or non-criminal justice agency
3 receiving the information; and
4 (5) The date of the dissemination.
5(Source: P.A. 91-357, eff. 7-29-99.)
6 (20 ILCS 2635/17) (from Ch. 38, par. 1617)
7 Sec. 17. Administrative Sanctions. The Department shall
8refuse to comply with any request to furnish conviction
9information maintained in its files, if the requester has not
10acted in accordance with the requirements of this Act or rules
11and regulations issued pursuant thereto. The requester may
12appeal such a refusal by the Department to the Superintendent
13Director. Upon written application by the requester, the
14Superintendent Director shall hold a hearing to determine
15whether dissemination of the requested information would be in
16violation of this Act or rules and regulations issued pursuant
17to it or other federal or State law pertaining to the
18collection, maintenance or dissemination of criminal history
19record information. When the Superintendent Director finds
20such a violation, the Department shall be prohibited from
21disseminating conviction information to the requester, under
22such terms and conditions and for such periods of time as the
23Superintendent Director deems appropriate.
24(Source: P.A. 85-922.)

HB5089- 58 -LRB100 18322 RJF 33527 b
1 Section 45. The Statewide Organized Gang Database Act is
2amended by changing Sections 5 and 10 as follows:
3 (20 ILCS 2640/5)
4 Sec. 5. Definitions. As used in this Act:
5 "Department" means the Department of State Police.
6 "Superintendent" "Director" means the Superintendent
7Director of State Police.
8 "Organized gang" has the meaning ascribed to it in Section
910 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
10 A "SWORD terminal" is an interactive computerized
11communication and processing unit that permits a direct on-line
12communication with the Department of State Police's central
13data repository, the Statewide Organized Gang Database
14(SWORD).
15(Source: P.A. 87-932; 88-467.)
16 (20 ILCS 2640/10)
17 Sec. 10. Duties of the Department. The Department may:
18 (a) provide a uniform reporting format for the entry of
19pertinent information regarding the report of an arrested
20organized gang member or organized gang affiliate into SWORD;
21 (b) notify all law enforcement agencies that reports of
22arrested organized gang members or organized gang affiliates
23shall be entered into the database as soon as the minimum level
24of data specified by the Department is available to the

HB5089- 59 -LRB100 18322 RJF 33527 b
1reporting agency, and that no waiting period for the entry of
2that data exists;
3 (c) develop and implement a policy for notifying law
4enforcement agencies of the emergence of new organized gangs,
5or the change of a name or other identifying sign by an
6existing organized gang;
7 (d) compile and retain information regarding organized
8gangs and their members and affiliates, in a manner that allows
9the information to be used by law enforcement and other
10agencies, deemed appropriate by the Superintendent Director,
11for investigative purposes;
12 (e) compile and maintain a historic data repository
13relating to organized gangs and their members and affiliates in
14order to develop and improve techniques utilized by law
15enforcement agencies and prosecutors in the investigation,
16apprehension, and prosecution of members and affiliates of
17organized gangs;
18 (f) create a quality control program regarding
19confirmation of organized gang membership and organized gang
20affiliation data, timeliness and accuracy of information
21entered into SWORD, and performance audits of all entering
22agencies;
23 (g) locate all law enforcement agencies that could, in the
24opinion of the Superintendent Director, benefit from access to
25SWORD, and notify them of its existence; and
26 (h) cooperate with all law enforcement agencies wishing to

HB5089- 60 -LRB100 18322 RJF 33527 b
1gain access to the SWORD system, and facilitate their entry
2into the system and their continued maintenance of access to
3it.
4(Source: P.A. 87-932.)
5 Section 50. The Statewide Senior Citizen Victimizer
6Database Act is amended by changing Sections 5 and 10 as
7follows:
8 (20 ILCS 2645/5)
9 Sec. 5. Definitions. In this Act:
10 "Department" means Department of State Police.
11 "Superintendent" "Director" means the Superintendent
12Director of State Police.
13 "Senior citizen" means a person of the age of 60 years or
14older.
15 "Senior citizen victimizer" means a person who has been
16arrested for committing an offense against a senior citizen.
17 "Statewide Senior Citizen Victimizer Database Terminal"
18means an interactive computerized communication and processing
19unit that permits direct on-line communication with the
20Department of State Police's Statewide Senior Citizen
21Victimizer Database.
22(Source: P.A. 92-246, eff. 1-1-02.)
23 (20 ILCS 2645/10)

HB5089- 61 -LRB100 18322 RJF 33527 b
1 Sec. 10. Duties of the Department. The Department may:
2 (a) Provide a uniform reporting format for the entry of
3pertinent information regarding the report of an arrested
4senior citizen victimizer into the Senior Citizen Victimizer
5Database Terminal;
6 (b) Notify all law enforcement agencies that reports of
7arrested senior citizen victimizers shall be entered into the
8database as soon as the minimum level of data of information
9specified by the Department is available to the reporting
10agency, and that no waiting period for the entry of that data
11exists;
12 (c) Compile and maintain a data repository relating to
13senior citizen victimizers in order to gather information
14regarding the various modus operandi used to victimize senior
15citizens, groups that tend to routinely target senior citizens,
16areas of the State that senior citizen victimizers tend to
17frequent, and the type of persons senior citizen victimizers
18routinely target;
19 (d) Develop and improve techniques used by law enforcement
20agencies and prosecutors in the investigation, apprehension,
21and prosecution of senior citizen victimizers;
22 (e) Locate all law enforcement agencies that could, in the
23opinion of the Superintendent Director, benefit from access to
24the Statewide Senior Citizen Victimizer Database, and notify
25them of its existence; and
26 (f) Cooperate with all law enforcement agencies wishing to

HB5089- 62 -LRB100 18322 RJF 33527 b
1gain access to the Statewide Senior Citizen Victimizer Database
2system, and to facilitate their entry into the system and to
3their continued maintenance of access to it.
4(Source: P.A. 92-246, eff. 1-1-02.)
5 Section 55. The Illinois Criminal Justice Information Act
6is amended by changing Sections 4 and 15 as follows:
7 (20 ILCS 3930/4) (from Ch. 38, par. 210-4)
8 Sec. 4. Illinois Criminal Justice Information Authority;
9creation, membership, and meetings. There is created an
10Illinois Criminal Justice Information Authority consisting of
1125 members. The membership of the Authority shall consist of
12the Illinois Attorney General, or his or her designee, the
13Director of Corrections, the Superintendent Director of State
14Police, the Director of Public Health, the Director of Children
15and Family Services, the Sheriff of Cook County, the State's
16Attorney of Cook County, the clerk of the circuit court of Cook
17County, the President of the Cook County Board of
18Commissioners, the Superintendent of the Chicago Police
19Department, the Director of the Office of the State's Attorneys
20Appellate Prosecutor, the Executive Director of the Illinois
21Law Enforcement Training Standards Board, the State Appellate
22Defender, the Public Defender of Cook County, and the following
23additional members, each of whom shall be appointed by the
24Governor: a circuit court clerk, a sheriff, a State's Attorney

HB5089- 63 -LRB100 18322 RJF 33527 b
1of a county other than Cook, a Public Defender of a county
2other than Cook, a chief of police, and 6 members of the
3general public.
4 Members appointed on and after the effective date of this
5amendatory Act of the 98th General Assembly shall be confirmed
6by the Senate.
7 The Governor from time to time shall designate a Chairman
8of the Authority from the membership. All members of the
9Authority appointed by the Governor shall serve at the pleasure
10of the Governor for a term not to exceed 4 years. The initial
11appointed members of the Authority shall serve from January,
121983 until the third Monday in January, 1987 or until their
13successors are appointed.
14 The Authority shall meet at least quarterly, and all
15meetings of the Authority shall be called by the Chairman.
16(Source: P.A. 97-1151, eff. 1-25-13; 98-955, eff. 8-15-14.)
17 (20 ILCS 3930/15)
18 (Section scheduled to be repealed on January 1, 2019)
19 Sec. 15. Sex Offenses and Sex Offender Registration Task
20Force.
21 (a) The General Assembly acknowledges that numerous
22criminal offenses that are categorized as sex offenses are
23serious crimes that affect some of the most vulnerable victims.
24 (1) The Sex Offender Database was created as a
25 statewide database for the purpose of making information

HB5089- 64 -LRB100 18322 RJF 33527 b
1 regarding sex offenders publicly available so that victims
2 may be aware of released offenders and law enforcement may
3 have a tool to identify potential perpetrators of current
4 offenses. In addition to the Registry, sex offenders may be
5 subject to specific conditions and prohibitions for a
6 period after the person's release from imprisonment that
7 restricts where the person may reside, travel, and work.
8 (2) The General Assembly recognizes that the current
9 Sex Offender Database and sex offender restrictions do not
10 assess or differentiate based upon the specific risks of
11 each offender, potential threat to public safety, or an
12 offender's likelihood of re-offending.
13 (3) The General Assembly believes that a Task Force
14 should be created to ensure that law enforcement and
15 communities are able to identify high-risk sex offenders
16 and focus on monitoring those offenders to protect victims,
17 improve public safety, and maintain the seriousness of each
18 offense.
19 (b) The Sex Offenses and Sex Offender Registration Task
20Force is hereby created.
21 (1) The Task Force shall examine current offenses that
22 require offenders to register as sex offenders, the current
23 data and research regarding evidence based practices, the
24 conditions, restrictions, and outcomes for registered sex
25 offenders, and the registration process.
26 (2) The Task Force shall hold public hearings at the

HB5089- 65 -LRB100 18322 RJF 33527 b
1 call of the co-chairpersons to receive testimony from the
2 public and make recommendations to the General Assembly
3 regarding legislative changes to more effectively classify
4 sex offenders based on their level of risk of re-offending,
5 better direct resources to monitor the most violent and
6 high risk offenders, and to ensure public safety.
7 (3) The Task Force shall be an independent Task Force
8 under the Illinois Criminal Justice Information Authority
9 for administrative purposes, and shall consist of the
10 following members:
11 (A) the Executive Director of the Illinois
12 Criminal Justice Information Authority;
13 (B) the Director of Corrections, or his or her
14 designee;
15 (B-5) the Director of Juvenile Justice, or his or
16 her designee;
17 (C) 2 members of the House of Representatives
18 appointed by the Speaker of the House of
19 Representatives, one of whom shall serve as
20 co-chairperson;
21 (D) 2 members of the Senate appointed by the
22 President of the Senate, one of whom shall serve as a
23 co-chairperson;
24 (E) a member of the Senate appointed by the
25 Minority Leader of the Senate;
26 (F) a member of the House of Representatives

HB5089- 66 -LRB100 18322 RJF 33527 b
1 appointed by the Minority Leader of the House of
2 Representatives;
3 (G) the Superintendent Director of State Police,
4 or his or her designee;
5 (H) the Superintendent of the Chicago Police
6 Department, or his or her designee;
7 (I) the Chairperson of the Juvenile Justice
8 Commission, or his or her designee;
9 (J) a representative of a statewide organization
10 against sexual assault, appointed by the Executive
11 Director of the Authority;
12 (K) 2 academics or researchers who have studied
13 issues related to adult sex offending, appointed by the
14 Executive Director of the Authority;
15 (L) a representative of a legal organization that
16 works with adult sex offenders who focus on the
17 collateral consequences of conviction and
18 registration, appointed by the Executive Director of
19 the Authority;
20 (M) a representative of a statewide organization
21 representing probation and court services agencies in
22 this State, appointed by the Executive Director of the
23 Authority;
24 (N) a representative of a statewide organization
25 representing Illinois sheriffs, appointed by the
26 Executive Director of the Authority;

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1 (O) a representative of a statewide organization
2 representing Illinois police chiefs, appointed by the
3 Executive Director of the Authority;
4 (P) 2 State's Attorneys to be appointed by the
5 Executive Director of the Authority;
6 (Q) 2 treatment providers who specialize in adult
7 treatment appointed by the Executive Director of the
8 Authority;
9 (R) a treatment provider who specializes in
10 working with victims of sex offenses, appointed by the
11 Executive Director of the Authority;
12 (S) 2 representatives from community-based
13 organizations that work with adults convicted of sex
14 offenses on re-entry appointed by the Executive
15 Director of the Authority;
16 (T) a representative of a statewide organization
17 that represents or coordinates services for victims of
18 sex offenses, appointed by the Executive Director of
19 the Authority;
20 (U) a representative of a statewide organization
21 that represents or is comprised of individuals
22 convicted as adults of a sex offense who are currently
23 on a registry, appointed by the Executive Director of
24 the Authority;
25 (V) a public defender to be appointed by the
26 Executive Director of the Authority; and

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1 (W) an appellate defender to be appointed by the
2 Executive Director of the Authority.
3 (c) The Illinois Criminal Justice Information Authority
4may consult, contract, work in conjunction with, and obtain any
5information from any individual, agency, association, or
6research institution deemed appropriate by the Authority.
7 (d) The Task Force shall submit a written report of its
8findings and recommendations to the General Assembly on or
9before January 1, 2018.
10 (e) This Section is repealed on January 1, 2019.
11(Source: P.A. 99-873, eff. 1-1-17.)
12 Section 60. The Laboratory Review Board Act is amended by
13changing Section 2 as follows:
14 (20 ILCS 3980/2) (from Ch. 111 1/2, par. 8002)
15 Sec. 2. There is hereby created the Laboratory Review Board
16(hereinafter referred to as the Board), which shall consist of
177 persons, one each appointed by the Director of Agriculture,
18the Director of Natural Resources, the Secretary of Human
19Services, the Director of Public Health, the Superintendent
20Director of State Police, the Director of the Environmental
21Protection Agency, and the Illinois Secretary of
22Transportation. Members of the Board shall serve at the
23pleasure of their appointing authorities.
24(Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)

HB5089- 69 -LRB100 18322 RJF 33527 b
1 Section 65. The Law Enforcement and Fire Fighting Medal of
2Honor Act is amended by changing Section 2001 as follows:
3 (20 ILCS 3985/2001) (from Ch. 127, par. 3852-1)
4 Sec. 2001. There is created the Law Enforcement Medal of
5Honor Committee, referred to in this Article as the Committee.
6The Committee shall consist of the Superintendent Director of
7the Department of State Police, the Superintendent of the
8Chicago Police Department, the Executive Director of the
9Illinois Law Enforcement Training Standards Board, and the
10following persons appointed by the Governor: a sheriff, a chief
11of police from other than Chicago, a representative of a
12statewide law enforcement officer organization and a retired
13Illinois law enforcement officer. Of the appointed members, the
14sheriff and police chief shall each serve a 2-year term and the
15organization representative and retired officer shall each
16serve a one-year term. The Governor shall appoint initial
17members within 3 months of the effective date of this Act.
18 Members of the Committee shall serve without compensation
19but shall be reimbursed for actual expenses incurred in the
20performance of their duties from funds appropriated to the
21Office of the Governor for such purpose.
22(Source: P.A. 91-357, eff. 7-29-99.)
23 Section 70. The Illinois Motor Vehicle Theft Prevention and

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1Insurance Verification Act is amended by changing Sections 3
2and 4 as follows:
3 (20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
4 (Section scheduled to be repealed on January 1, 2025)
5 Sec. 3. As used in this Act:
6 (a) (Blank).
7 (b) "Council" means the Illinois Motor Vehicle Theft
8Prevention and Insurance Verification Council.
9 (b-2) "Superintendent" "Director" means the Superintendent
10Director of the Secretary of State Department of Police.
11 (b-5) "Police" means the Secretary of State Department of
12Police.
13 (b-7) "Secretary" means the Secretary of State.
14 (c) "Trust Fund" means the Motor Vehicle Theft Prevention
15and Insurance Verification Trust Fund.
16(Source: P.A. 100-373, eff. 1-1-18.)
17 (20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
18 (Section scheduled to be repealed on January 1, 2025)
19 Sec. 4. There is hereby created an Illinois Motor Vehicle
20Theft Prevention and Insurance Verification Council, which
21shall exercise its powers, duties and responsibilities. There
22shall be 11 members of the Council consisting of the Secretary
23of State or his designee, the Superintendent Director of the
24Department of State Police, the State's Attorney of Cook

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1County, the Superintendent of the Chicago Police Department,
2and the following 7 additional members, each of whom shall be
3appointed by the Secretary of State: a state's attorney of a
4county other than Cook, a chief executive law enforcement
5official from a jurisdiction other than the City of Chicago, 5
6representatives of insurers authorized to write motor vehicle
7insurance in this State, all of whom shall be domiciled in this
8State.
9 The Superintendent Director shall be the Chairman of the
10Council. All members of the Council appointed by the Secretary
11shall serve at the discretion of the Secretary for a term not
12to exceed 4 years. The Council shall meet at least quarterly.
13(Source: P.A. 100-373, eff. 1-1-18.)
14 Section 75. The Social Security Number Protection Task
15Force Act is amended by changing Section 10 as follows:
16 (20 ILCS 4040/10)
17 Sec. 10. Social Security Number Protection Task Force.
18 (a) The Social Security Number Protection Task Force is
19created within the Office of the Attorney General. The Attorney
20General is responsible for administering the activities of the
21Task Force. The Task Force shall consist of the following
22members:
23 (1) Two members representing the House of
24 Representatives, appointed by the Speaker of the House of

HB5089- 72 -LRB100 18322 RJF 33527 b
1 Representatives;
2 (2) Two members representing the House of
3 Representatives, appointed by the Minority Leader of the
4 House of Representatives;
5 (3) Two members representing the Senate, appointed by
6 the President of the Senate;
7 (4) Two members representing the Senate, appointed by
8 the Minority Leader of the Senate;
9 (5) One member, who shall serve as the chairperson of
10 the Task Force, representing the Office of the Attorney
11 General, appointed by the Attorney General;
12 (6) One member representing the Office of the Secretary
13 of State, appointed by the Secretary of State;
14 (7) One member representing the Office of the Governor,
15 appointed by the Governor;
16 (8) One member representing the Department of Natural
17 Resources, appointed by the Director of Natural Resources;
18 (9) One member representing the Department of
19 Healthcare and Family Services, appointed by the Director
20 of Healthcare and Family Services;
21 (10) One member representing the Department of
22 Revenue, appointed by the Director of Revenue;
23 (11) One member representing the Department of State
24 Police, appointed by the Superintendent Director of State
25 Police;
26 (12) One member representing the Department of

HB5089- 73 -LRB100 18322 RJF 33527 b
1 Employment Security, appointed by the Director of
2 Employment Security;
3 (13) One member representing the Illinois Courts,
4 appointed by the Director of the Administrative Office of
5 Illinois Courts;
6 (14) One member representing the Department on Aging,
7 appointed by the Director of the Department on Aging;
8 (15) One member appointed by the Director of Central
9 Management Services;
10 (16) One member appointed by the Executive Director of
11 the Board of Higher Education;
12 (17) One member appointed by the Secretary of Human
13 Services;
14 (18) Three members appointed by the chairperson of the
15 Task Force, representing local-governmental organizations,
16 who may include representatives of clerks of the circuit
17 court, recorders of deeds, counties, and municipalities;
18 (19) One member representing the Office of the State
19 Comptroller, appointed by the Comptroller; and
20 (20) One member representing school administrators,
21 appointed by the State Superintendent of Education.
22 (b) The Task Force shall examine the procedures used by the
23State to protect an individual against the unauthorized
24disclosure of his or her social security number when the State
25requires the individual to provide his or her social security
26number to an officer or agency of the State.

HB5089- 74 -LRB100 18322 RJF 33527 b
1 (c) The Task Force shall report its findings and
2recommendations, including its recommendations concerning a
3unique identification number system under Section 15, to the
4Governor, the Attorney General, the Secretary of State, and the
5General Assembly no later than December 31 of each year.
6(Source: P.A. 94-611, eff. 8-18-05; 95-331, eff. 8-21-07;
795-482, eff. 8-28-07.)
8 Section 80. The Commission to Study Disproportionate
9Justice Impact Act is amended by changing Section 10 as
10follows:
11 (20 ILCS 4085/10)
12 Sec. 10. Composition. The Commission shall be composed of
13the following members:
14 (a) Two members of the Senate appointed by the Senate
15 President, one of whom the President shall designate to
16 serve as co-chair, and two members of the Senate appointed
17 by the Minority Leader of the Senate.
18 (b) Two members of the House of Representatives
19 appointed by the Speaker of the House of Representatives,
20 one of whom the Speaker shall designate to serve as
21 co-chair, and two members of the House of Representatives
22 appointed by the Minority Leader of the House of
23 Representatives.
24 (c) The following persons or their designees:

HB5089- 75 -LRB100 18322 RJF 33527 b
1 (1) the Attorney General,
2 (2) the Chief Judge of the Circuit Court of Cook
3 County,
4 (3) the Superintendent Director of State Police,
5 (4) the Superintendent of the Chicago Police
6 Department,
7 (5) the sheriff of Cook County,
8 (6) the State Appellate Defender,
9 (7) the Cook County Public Defender,
10 (8) the Director of the Office of the State's
11 Attorneys Appellate Prosecutor,
12 (9) the Cook County State's Attorney,
13 (10) the Executive Director of the Criminal
14 Justice Information Authority,
15 (11) the Director of Corrections,
16 (12) the Director of Juvenile Justice, and
17 (13) the Executive Director of the Illinois
18 African-American Family Commission.
19 (d) The co-chairs may name up to 8 persons,
20 representing minority communities within Illinois, groups
21 involved in the improvement of the administration of
22 justice, behavioral health, criminal justice, law
23 enforcement, and the rehabilitation of former inmates,
24 community groups, and other interested parties.
25(Source: P.A. 95-995, eff. 6-1-09.)

HB5089- 76 -LRB100 18322 RJF 33527 b
1 Section 85. The Racial and Ethnic Impact Research Task
2Force Act is amended by changing Section 10 as follows:
3 (20 ILCS 5025/10)
4 Sec. 10. Racial and Ethnic Impact Research Task Force.
5There is created the Racial and Ethnic Impact Research Task
6Force, composed of the following members:
7 (1) Two members of the Senate appointed by the Senate
8 President, one of whom the President shall designate to
9 serve as co-chair, and 2 members of the Senate appointed by
10 the Minority Leader of the Senate.
11 (2) Two members of the House of Representatives
12 appointed by the Speaker of the House of Representatives,
13 one of whom the Speaker shall designate to serve as
14 co-chair, and 2 members of the House of Representatives
15 appointed by the Minority Leader of the House of
16 Representatives.
17 (3) The following persons or their designees:
18 (A) the Attorney General,
19 (B) the Chief Judge of the Circuit Court of Cook
20 County,
21 (C) the Superintendent Director of State Police,
22 (D) the Superintendent of the Chicago Police
23 Department,
24 (E) the Sheriff of Cook County,
25 (F) the State Appellate Defender,

HB5089- 77 -LRB100 18322 RJF 33527 b
1 (G) the Cook County Public Defender,
2 (H) the Director of the Office of the State's
3 Attorneys Appellate Prosecutor,
4 (I) the Cook County State's Attorney,
5 (J) the Executive Director of the Illinois
6 Criminal Justice Information Authority,
7 (K) the Director of Corrections,
8 (L) the Director of Juvenile Justice, and
9 (M) the Executive Director of the Illinois
10 African-American Family Commission.
11 (4) The co-chairs may name up to 8 persons,
12 representing minority communities within Illinois, groups
13 involved in the improvement of the administration of
14 justice, behavioral health, criminal justice, law
15 enforcement, and the rehabilitation of former inmates,
16 community groups, and other interested parties.
17(Source: P.A. 97-433, eff. 8-16-11.)
18 Section 90. The Human Trafficking Task Force Act is amended
19by changing Section 5 as follows:
20 (20 ILCS 5085/5)
21 (Section scheduled to be repealed on July 1, 2018)
22 Sec. 5. Human Trafficking Task Force created. There is
23created the Human Trafficking Task Force to address the growing
24problem of human trafficking across this State. The Human

HB5089- 78 -LRB100 18322 RJF 33527 b
1Trafficking Task Force shall consist of the following persons:
2 (1) three members of the House of Representatives,
3 appointed by the Speaker of the House of Representatives;
4 (2) three members of the House of Representatives,
5 appointed by the Minority Leader of the House of
6 Representatives;
7 (3) three members of the Senate, appointed by the
8 President of the Senate;
9 (4) three members of the Senate, appointed by the
10 Minority Leader of the Senate;
11 (5) one representative of the Chicago Regional Human
12 Trafficking Task Force, appointed by the Governor; and
13 (6) the Superintendent Director of the Department of
14 State Police, or his or her designee.
15 Members of the Human Trafficking Task Force shall serve
16without compensation.
17(Source: P.A. 99-864, eff. 8-22-16.)
18 Section 95. The Law Enforcement Information Task Force Act
19is amended by changing Section 10 as follows:
20 (20 ILCS 5090/10)
21 (Section scheduled to be repealed on December 31, 2017)
22 Sec. 10. Members.
23 (a) The Task Force shall consist of the following members
24who will not be compensated:

HB5089- 79 -LRB100 18322 RJF 33527 b
1 (1) the Director of the Administrative Office of the
2 Illinois Courts, or his or her designee;
3 (2) the Attorney General, or his or her designee;
4 (3) the Superintendent Director of State Police, or his
5 or her designee;
6 (3.5) the Secretary of the Department of Innovation and
7 Technology, or his or her designee;
8 (4) a State's Attorney from a county with more than
9 3,000,000 residents, or his or her designee;
10 (5) a public defender from a county with more than
11 3,000,000 residents, or his or her designee;
12 (6) a representative of the Office of the State's
13 Attorneys Appellate Prosecutor;
14 (7) a representative of the Office of the State
15 Appellate Defender;
16 (8) a representative of the Illinois State's Attorneys
17 Association, appointed by the Governor;
18 (9) a representative of the Illinois Public Defender
19 Association, appointed by the Governor;
20 (10) a representative from the Illinois Judges
21 Association, appointed by the Speaker of the House of
22 Representatives;
23 (11) a representative from the Illinois State Bar
24 Association, appointed by the Minority Leader of the House
25 of Representatives;
26 (12) a representative of the Chicago Bar Association,

HB5089- 80 -LRB100 18322 RJF 33527 b
1 appointed by the Senate President;
2 (13) a representative from the Illinois Sheriffs'
3 Association, appointed by the Senate Minority Leader;
4 (14) a representative from the Illinois Association of
5 Chiefs of Police, appointed by the Governor;
6 (15) the chief of police from a municipality with more
7 than 1,000,000 residents, or his or her designee;
8 (16) the sheriff from a county with more than 3,000,000
9 residents, or his or her designee; and
10 (17) the Director of the Illinois Criminal Justice
11 Information Authority, or his or her designee.
12 (b) The Law Enforcement Information Task Force shall be
13established within the Illinois Criminal Justice Information
14Authority and the Illinois Criminal Justice Information
15Authority shall serve as the technology and policy advisor to
16assist the Task Force. The Illinois Criminal Justice
17Information Authority shall work with State and local criminal
18justice agencies to promote information sharing systems
19through its access to technical expertise and its grant-making
20powers for technology information projects. The Illinois
21Criminal Justice Information Authority shall provide staff to
22serve as a liaison between the Law Enforcement Information Task
23Force and its stakeholders to provide guidance in criminal
24justice information sharing, best practices and strategies,
25and to effectuate the mission of the Task Force.
26 (c) The members of the Task Force shall elect a chair of

HB5089- 81 -LRB100 18322 RJF 33527 b
1the Task Force. The chair of the Task Force shall convene the
2first meeting of the Task Force on or before August 31, 2016.
3The Task Force shall meet at least twice a month thereafter
4until it completes its duties under this Act, or until December
531, 2016, whichever is earlier.
6(Source: P.A. 99-874, eff. 8-22-16.)
7 Section 100. The Protection of Individuals with
8Disabilities in the Criminal Justice System Task Force Act is
9amended by changing Section 5 as follows:
10 (20 ILCS 5115/5)
11 (Section scheduled to be repealed on June 30, 2018)
12 Sec. 5. Protection of Individuals With Disabilities in the
13Criminal Justice System Task Force; members.
14 (a) There is created the Protection of Individuals with
15Disabilities in the Criminal Justice System Task Force ("Task
16Force") consisting of 24 members, one member appointed by the
17Attorney General, one liaison of the Office of the Governor and
1814 other members appointed by the Governor, 2 circuit judges
19appointed by the Supreme Court, one member appointed by the
20State Treasurer, one member appointed by the Guardianship and
21Advocacy Commission, and 4 members of the General Assembly, one
22each appointed by the Speaker of the House of Representatives,
23the Minority Leader of the House of Representatives, the
24President of the Senate, and the Minority Leader of the Senate.

HB5089- 82 -LRB100 18322 RJF 33527 b
1The appointments shall be made within 90 days after the
2effective date of this Act.
3 (b) The members shall reflect the racial, ethnic, and
4geographic diversity and diversity of disabilities of this
5State and include:
6 (1) Circuit judges who preside over criminal cases;
7 (2) State's Attorneys;
8 (3) Public Defenders;
9 (4) representatives of organizations that advocate for
10 persons with developmental and intellectual disabilities;
11 (5) representatives of organizations that advocate for
12 persons with physical disabilities;
13 (6) representatives of organizations that advocate for
14 persons with mental illness;
15 (7) representatives of organizations that advocate for
16 adolescents and youth;
17 (8) a representative from the Guardianship and
18 Advocacy Commission;
19 (9) sheriffs or their designees;
20 (10) chiefs of municipal police departments or their
21 designees;
22 (11) individuals with disabilities;
23 (12) parents or guardians of individuals with
24 disabilities;
25 (13) community-based providers of services to persons
26 with disabilities; and

HB5089- 83 -LRB100 18322 RJF 33527 b
1 (14) a representative of a service coordination
2 agency.
3 (c) The following State officials shall serve as ex-officio
4members of the Task Force:
5 (1) a liaison of the Governor's Office;
6 (2) the Attorney General or his or her designee;
7 (3) the Superintendent Director of State Police or his
8 or her designee;
9 (4) the Secretary of Human Services or his or her
10 designee;
11 (5) the Director of Corrections or his or her designee;
12 (6) the Director of Juvenile Justice or his or her
13 designee;
14 (7) the Director of the Guardianship and Advocacy
15 Commission or his or her designee;
16 (8) the Director of the Illinois Criminal Justice
17 Information Authority or his or her designee; and
18 (9) the State Treasurer or his or her designee.
19 (d) The members of the Task Force shall serve without
20compensation.
21 (e) The Task Force members shall elect one of the appointed
22members to serve as a co-chair of the Task Force at the first
23meeting of the Task Force. The other co-chair shall be the
24liaison of the Governor's Office.
25 (f) The Guardianship and Advocacy Commission shall provide
26administrative and other support to the Task Force.

HB5089- 84 -LRB100 18322 RJF 33527 b
1(Source: P.A. 100-481, eff. 9-8-17.)
2 Section 105. The Legislative Reference Bureau Act is
3amended by changing Section 5.04 as follows:
4 (25 ILCS 135/5.04) (from Ch. 63, par. 29.4)
5 Sec. 5.04. Codification and revision of statutes.
6 (a) As soon as possible after the effective date of this
7amendatory Act of 1992, the Legislative Reference Bureau shall
8file with the Index Division of the Office of the Secretary of
9State, the General Assembly, the Governor, and the Supreme
10Court a compilation of the general Acts of Illinois. At that
11time and at any other time the Legislative Reference Bureau may
12file with the Index Division of the Office of the Secretary of
13State cross-reference tables comparing the compilation and the
14Illinois Revised Statutes. The Legislative Reference Bureau
15shall provide copies of the documents that are filed to each
16individual or entity that delivers a written request for copies
17to the Legislative Reference Bureau; the Legislative Reference
18Bureau, by resolution, may establish and charge a reasonable
19fee for providing copies. The compilation shall take effect on
20January 1, 1993. The compilation shall be cited as the
21"Illinois Compiled Statutes" or as "ILCS". The Illinois
22Compiled Statutes, including the statutes themselves and the
23organizational and numbering scheme, shall be an official
24compilation of the general Acts of Illinois and shall be

HB5089- 85 -LRB100 18322 RJF 33527 b
1entirely in the public domain for purposes of federal copyright
2law.
3 (b) The compilation document that is filed under subsection
4(a) shall divide the general Acts into major topic areas and
5into chapters within those areas; the document shall list the
6general Acts by title or short title, but need not contain the
7text of the statutes or specify individual Sections of Acts.
8Chapters shall be numbered. Each Act shall be assigned to a
9chapter and shall be ordered within that chapter. An Act prefix
10number shall be designated for each Act within each chapter.
11Chapters may be divided into subheadings. Citation to a section
12of ILCS shall be in the form "X ILCS Y/Z(A)", where X is the
13chapter number, Y is the Act prefix number, Z is the Section
14number of the Act, Y/Z is the section number in the chapter of
15ILCS, and A is the year of publication, if applicable.
16 (c) The Legislative Reference Bureau shall make additions,
17deletions, and changes to the organizational or numbering
18scheme of the Illinois Compiled Statutes by filing appropriate
19documents with the Index Division of the Office of the
20Secretary of State. The Legislative Reference Bureau shall also
21provide copies of the documents that are filed to each
22individual or entity that delivers a written request for copies
23to the Legislative Reference Bureau; the Legislative Reference
24Bureau, by resolution, may establish and charge a reasonable
25fee for providing copies. The additions, deletions, and changes
26to the organizational or numbering scheme of the Illinois

HB5089- 86 -LRB100 18322 RJF 33527 b
1Compiled Statutes shall take effect 30 days after filing with
2the Index Division.
3 (d) Omission of an effective Act or Section of an Act from
4ILCS does not alter the effectiveness of that Act or Section.
5Inclusion of a repealed Act or Section of an Act in ILCS does
6not affect the repeal of that Act or Section.
7 (e) In order to allow for an efficient transition to the
8organizational and numbering scheme of the Illinois Compiled
9Statutes, the State, units of local government, school
10districts, and other governmental entities may, for a
11reasonable period of time, continue to use forms, computer
12software, systems, and data, published rules, and any other
13electronically stored information and printed documents that
14contain references to the Illinois Revised Statutes. However,
15reports of criminal, traffic, and other offenses and violations
16that are part of a state-wide reporting system shall continue
17to be made by reference to the Illinois Revised Statutes until
18July 1, 1994, and on and after that date shall be made by
19reference to the Illinois Compiled Statutes, except that an
20earlier conversion date may be established by agreement among
21all of the following: the Supreme Court, the Secretary of
22State, the Superintendent Director of State Police, the Circuit
23Clerk of Cook County, and the Circuit Clerk of DuPage County,
24or the designee of each. References to the Illinois Revised
25Statutes are deemed to be references to the corresponding
26provisions of the Illinois Compiled Statutes.

HB5089- 87 -LRB100 18322 RJF 33527 b
1 (f) The Legislative Reference Bureau, with the assistance
2of the Legislative Information System, shall make its
3electronically stored database of the statutes and the
4compilation available in an electronically stored medium to
5those who request it; the Legislative Reference Bureau, by
6resolution, shall establish and charge a reasonable fee for
7providing the information.
8 (g) Amounts received under this Section shall be deposited
9into the General Assembly Computer Equipment Revolving Fund.
10 (h) The Legislative Reference Bureau shall select subjects
11and chapters of the statutory law that it considers most in
12need of a revision and present to the next regular session of
13the General Assembly bills covering those revisions. In
14connection with those revisions, the Legislative Reference
15Bureau has full authority and responsibility to recommend the
16revision, simplification, and rearrangement of existing
17statutory law and the elimination from that law of obsolete,
18superseded, duplicated, and unconstitutional statutes or parts
19of statutes, but shall make no other changes in the substance
20of existing statutes, except to the extent those changes in
21substance are necessary for coherent revision, simplification,
22rearrangement, or elimination. Revisions reported to the
23General Assembly may be accompanied by explanatory statements
24of changes in existing statutes or parts of statutes that those
25revisions, if enacted, would effect.
26(Source: P.A. 86-523; 87-1005.)

HB5089- 88 -LRB100 18322 RJF 33527 b
1 Section 110. The State Finance Act is amended by changing
2Section 6z-82 as follows:
3 (30 ILCS 105/6z-82)
4 Sec. 6z-82. State Police Operations Assistance Fund.
5 (a) There is created in the State treasury a special fund
6known as the State Police Operations Assistance Fund. The Fund
7shall receive revenue pursuant to Section 27.3a of the Clerks
8of Courts Act. The Fund may also receive revenue from grants,
9donations, appropriations, and any other legal source.
10 (b) The Department of State Police may use moneys in the
11Fund to finance any of its lawful purposes or functions.
12 (c) Expenditures may be made from the Fund only as
13appropriated by the General Assembly by law.
14 (d) Investment income that is attributable to the
15investment of moneys in the Fund shall be retained in the Fund
16for the uses specified in this Section.
17 (e) The State Police Operations Assistance Fund shall not
18be subject to administrative chargebacks.
19 (f) Notwithstanding any other provision of State law to the
20contrary, on or after July 1, 2012, and until June 30, 2013, in
21addition to any other transfers that may be provided for by
22law, at the direction of and upon notification from the
23Superintendent Director of State Police, the State Comptroller
24shall direct and the State Treasurer shall transfer amounts

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1into the State Police Operations Assistance Fund from the
2designated funds not exceeding the following totals:
3 State Police Vehicle Fund.....................$2,250,000
4 State Police Wireless Service
5 Emergency Fund............................$2,500,000
6 State Police Services Fund....................$3,500,000
7(Source: P.A. 96-1029, eff. 7-13-10; 97-333, eff. 8-12-11;
897-732, eff. 6-30-12.)
9 Section 115. The State Officers and Employees Money
10Disposition Act is amended by changing Section 2 as follows:
11 (30 ILCS 230/2) (from Ch. 127, par. 171)
12 Sec. 2. Accounts of money received; payment into State
13treasury.
14 (a) Every officer, board, commission, commissioner,
15department, institution, arm or agency brought within the
16provisions of this Act by Section 1 shall keep in proper books
17a detailed itemized account of all moneys received for or on
18behalf of the State of Illinois, showing the date of receipt,
19the payor, and purpose and amount, and the date and manner of
20disbursement as hereinafter provided, and, unless a different
21time of payment is expressly provided by law or by rules or
22regulations promulgated under subsection (b) of this Section,
23shall pay into the State treasury the gross amount of money so
24received on the day of actual physical receipt with respect to

HB5089- 90 -LRB100 18322 RJF 33527 b
1any single item of receipt exceeding $10,000, within 24 hours
2of actual physical receipt with respect to an accumulation of
3receipts of $10,000 or more, or within 48 hours of actual
4physical receipt with respect to an accumulation of receipts
5exceeding $500 but less than $10,000, disregarding holidays,
6Saturdays and Sundays, after the receipt of same, without any
7deduction on account of salaries, fees, costs, charges,
8expenses or claims of any description whatever; provided that:
9 (1) the provisions of (i) Section 2505-475 of the
10 Department of Revenue Law (20 ILCS 2505/2505-475), (ii) any
11 specific taxing statute authorizing a claim for credit
12 procedure instead of the actual making of refunds, (iii)
13 Section 505 of the Illinois Controlled Substances Act, (iv)
14 Section 85 of the Methamphetamine Control and Community
15 Protection Act, authorizing the Superintendent Director of
16 State Police to dispose of forfeited property, which
17 includes the sale and disposition of the proceeds of the
18 sale of forfeited property, and the Department of Central
19 Management Services to be reimbursed for costs incurred
20 with the sales of forfeited vehicles, boats or aircraft and
21 to pay to bona fide or innocent purchasers, conditional
22 sales vendors or mortgagees of such vehicles, boats or
23 aircraft their interest in such vehicles, boats or
24 aircraft, and (v) Section 6b-2 of the State Finance Act,
25 establishing procedures for handling cash receipts from
26 the sale of pari-mutuel wagering tickets, shall not be

HB5089- 91 -LRB100 18322 RJF 33527 b
1 deemed to be in conflict with the requirements of this
2 Section;
3 (2) any fees received by the State Registrar of Vital
4 Records pursuant to the Vital Records Act which are
5 insufficient in amount may be returned by the Registrar as
6 provided in that Act;
7 (3) any fees received by the Department of Public
8 Health under the Food Handling Regulation Enforcement Act
9 that are submitted for renewal of an expired food service
10 sanitation manager certificate may be returned by the
11 Director as provided in that Act;
12 (3.5) the State Treasurer may permit the deduction of
13 fees by third-party unclaimed property examiners from the
14 property recovered by the examiners for the State of
15 Illinois during examinations of holders located outside
16 the State under which the Office of the Treasurer has
17 agreed to pay for the examinations based upon a percentage,
18 in accordance with the Revised Uniform Unclaimed Property
19 Act, of the property recovered during the examination; and
20 (4) if the amount of money received does not exceed
21 $500, such money may be retained and need not be paid into
22 the State treasury until the total amount of money so
23 received exceeds $500, or until the next succeeding 1st or
24 15th day of each month (or until the next business day if
25 these days fall on Sunday or a holiday), whichever is
26 earlier, at which earlier time such money shall be paid

HB5089- 92 -LRB100 18322 RJF 33527 b
1 into the State treasury, except that if a local bank or
2 savings and loan association account has been authorized by
3 law, any balances shall be paid into the State treasury on
4 Monday of each week if more than $500 is to be deposited in
5 any fund.
6Single items of receipt exceeding $10,000 received after 2 p.m.
7on a working day may be deemed to have been received on the
8next working day for purposes of fulfilling the requirement
9that the item be deposited on the day of actual physical
10receipt.
11 No money belonging to or left for the use of the State
12shall be expended or applied except in consequence of an
13appropriation made by law and upon the warrant of the State
14Comptroller. However, payments made by the Comptroller to
15persons by direct deposit need not be made upon the warrant of
16the Comptroller, but if not made upon a warrant, shall be made
17in accordance with Section 9.02 of the State Comptroller Act.
18All moneys so paid into the State treasury shall, unless
19required by some statute to be held in the State treasury in a
20separate or special fund, be covered into the General Revenue
21Fund in the State treasury. Moneys received in the form of
22checks, drafts or similar instruments shall be properly
23endorsed, if necessary, and delivered to the State Treasurer
24for collection. The State Treasurer shall remit such collected
25funds to the depositing officer, board, commission,
26commissioner, department, institution, arm or agency by

HB5089- 93 -LRB100 18322 RJF 33527 b
1Treasurers Draft or through electronic funds transfer. The
2draft or notification of the electronic funds transfer shall be
3provided to the State Comptroller to allow deposit into the
4appropriate fund.
5 (b) Different time periods for the payment of public funds
6into the State treasury or to the State Treasurer, in excess of
7the periods established in subsection (a) of this Section, but
8not in excess of 30 days after receipt of such funds, may be
9established and revised from time to time by rules or
10regulations promulgated jointly by the State Treasurer and the
11State Comptroller in accordance with the Illinois
12Administrative Procedure Act. The different time periods
13established by rule or regulation under this subsection may
14vary according to the nature and amounts of the funds received,
15the locations at which the funds are received, whether
16compliance with the deposit requirements specified in
17subsection (a) of this Section would be cost effective, and
18such other circumstances and conditions as the promulgating
19authorities consider to be appropriate. The Treasurer and the
20Comptroller shall review all such different time periods
21established pursuant to this subsection every 2 years from the
22establishment thereof and upon such review, unless it is
23determined that it is economically unfeasible for the agency to
24comply with the provisions of subsection (a), shall repeal such
25different time period.
26(Source: P.A. 100-22, eff. 1-1-18.)

HB5089- 94 -LRB100 18322 RJF 33527 b
1 Section 120. The Intergovernmental Drug Laws Enforcement
2Act is amended by changing Sections 2.01, 4, 5, 5.1, and 6 as
3follows:
4 (30 ILCS 715/2.01) (from Ch. 56 1/2, par. 1702.01)
5 Sec. 2.01. "Department" means the Department of State
6Police and "Superintendent" "Director" means the
7Superintendent Director of State Police.
8(Source: P.A. 84-25.)
9 (30 ILCS 715/4) (from Ch. 56 1/2, par. 1704)
10 Sec. 4. The Department of State Police shall monitor the
11operations of all MEG units and determine their eligibility to
12receive State grants under this Act. From the moneys
13appropriated annually by the General Assembly for this purpose,
14the Superintendent Director shall determine and certify to the
15Comptroller the amount of the grant to be made to each
16designated MEG financial officer. The amount of the State grant
17which a MEG may receive hereunder may not exceed 50% of the
18total operating budget of that MEG.
19(Source: P.A. 84-25.)
20 (30 ILCS 715/5) (from Ch. 56 1/2, par. 1705)
21 Sec. 5. The Department of State Police shall coordinate the
22operations of all MEG units and may establish such reasonable

HB5089- 95 -LRB100 18322 RJF 33527 b
1rules and regulations and conduct those investigations the
2Superintendent Director deems necessary to carry out its duties
3under this Act, including the establishment of forms for
4reporting by each MEG to the Department.
5(Source: P.A. 84-25.)
6 (30 ILCS 715/5.1) (from Ch. 56 1/2, par. 1705.1)
7 Sec. 5.1. The Superintendent Director may assign the
8functions and duties created under this Act to be administered
9by the Department of State Police, Division of Investigation.
10(Source: P.A. 84-25.)
11 (30 ILCS 715/6) (from Ch. 56 1/2, par. 1706)
12 Sec. 6. The Superintendent Director shall report annually,
13no later than February 1, to the Governor and the General
14Assembly on the operations of the Metropolitan Enforcement
15Groups, including a breakdown of the appropriation for the
16current fiscal year indicating the amount of the State grant
17each MEG received or will receive.
18 The requirement for reporting to the General Assembly shall
19be satisfied by filing copies of the report with the Speaker,
20the Minority Leader and the Clerk of the House of
21Representatives and the President, the Minority Leader and the
22Secretary of the Senate and the Legislative Research Unit, as
23required by Section 3.1 of "An Act to revise the law in
24relation to the General Assembly", approved February 25, 1874,

HB5089- 96 -LRB100 18322 RJF 33527 b
1as amended, and filing such additional copies with the State
2Government Report Distribution Center for the General Assembly
3as is required under paragraph (t) of Section 7 of the State
4Library Act.
5(Source: P.A. 84-1438.)
6 Section 125. The Illinois Pension Code is amended by
7changing Sections 14-103.10, 14-108.4, 14-110, and 14-111 and
8by adding Section 14-155.1 as follows:
9 (40 ILCS 5/14-103.10) (from Ch. 108 1/2, par. 14-103.10)
10 (Text of Section WITHOUT the changes made by P.A. 98-599,
11which has been held unconstitutional)
12 Sec. 14-103.10. Compensation.
13 (a) For periods of service prior to January 1, 1978, the
14full rate of salary or wages payable to an employee for
15personal services performed if he worked the full normal
16working period for his position, subject to the following
17maximum amounts: (1) prior to July 1, 1951, $400 per month or
18$4,800 per year; (2) between July 1, 1951 and June 30, 1957
19inclusive, $625 per month or $7,500 per year; (3) beginning
20July 1, 1957, no limitation.
21 In the case of service of an employee in a position
22involving part-time employment, compensation shall be
23determined according to the employees' earnings record.
24 (b) For periods of service on and after January 1, 1978,

HB5089- 97 -LRB100 18322 RJF 33527 b
1all remuneration for personal services performed defined as
2"wages" under the Social Security Enabling Act, including that
3part of such remuneration which is in excess of any maximum
4limitation provided in such Act, and including any benefits
5received by an employee under a sick pay plan in effect before
6January 1, 1981, but excluding lump sum salary payments:
7 (1) for vacation,
8 (2) for accumulated unused sick leave,
9 (3) upon discharge or dismissal,
10 (4) for approved holidays.
11 (c) For periods of service on or after December 16, 1978,
12compensation also includes any benefits, other than lump sum
13salary payments made at termination of employment, which an
14employee receives or is eligible to receive under a sick pay
15plan authorized by law.
16 (d) For periods of service after September 30, 1985,
17compensation also includes any remuneration for personal
18services not included as "wages" under the Social Security
19Enabling Act, which is deducted for purposes of participation
20in a program established pursuant to Section 125 of the
21Internal Revenue Code or its successor laws.
22 (e) For members for which Section 1-160 applies for periods
23of service on and after January 1, 2011, all remuneration for
24personal services performed defined as "wages" under the Social
25Security Enabling Act, excluding remuneration that is in excess
26of the annual earnings, salary, or wages of a member or

HB5089- 98 -LRB100 18322 RJF 33527 b
1participant, as provided in subsection (b-5) of Section 1-160,
2but including any benefits received by an employee under a sick
3pay plan in effect before January 1, 1981. Compensation shall
4exclude lump sum salary payments:
5 (1) for vacation;
6 (2) for accumulated unused sick leave;
7 (3) upon discharge or dismissal; and
8 (4) for approved holidays.
9 (f) Notwithstanding the other provisions of this Section,
10for service on or after July 1, 2013, "compensation" does not
11include any stipend payable to an employee for service on a
12board or commission.
13 (g) Notwithstanding the other provisions of this Section,
14except for the purposes of determining the contributions
15required under Section 14-155.1, "compensation" does not
16include payments that would qualify as "compensation", but for
17the fact that the payments were made to a Superintendent of
18State Police who receives a retirement annuity while serving in
19that capacity.
20(Source: P.A. 98-449, eff. 8-16-13.)
21 (40 ILCS 5/14-108.4) (from Ch. 108 1/2, par. 14-108.4)
22 Sec. 14-108.4. State police early retirement incentives.
23 (a) To be eligible for the benefits provided in this
24Section, a person must:
25 (1) be a member of this System who, on any day during

HB5089- 99 -LRB100 18322 RJF 33527 b
1 October, 1992, is in active payroll status in a position of
2 employment with the Department of State Police for which
3 eligible creditable service is being earned under Section
4 14-110;
5 (2) have not previously retired under this Article;
6 (3) file a written application requesting the benefits
7 provided in this Section with the Superintendent Director
8 of State Police and the Board on or before January 20,
9 1993;
10 (4) establish eligibility to receive a retirement
11 annuity under Section 14-110 by January 31, 1993 (for which
12 purpose any age enhancement or creditable service received
13 under this Section may be used) and elect to receive the
14 retirement annuity beginning not earlier than January 1,
15 1993 and not later than February 1, 1993, except that with
16 the written permission of the Superintendent Director of
17 State Police, the effective date of the retirement annuity
18 may be postponed to no later than July 1, 1993.
19 (b) An eligible person may establish up to 5 years of
20creditable service under this Article, in increments of one
21month, by making the contributions specified in subsection (c).
22In addition, for each month of creditable service established
23under this Section, a person's age at retirement shall be
24deemed to be one month older than it actually is.
25 The creditable service established under this Section
26shall be deemed eligible creditable service as defined in

HB5089- 100 -LRB100 18322 RJF 33527 b
1Section 14-110, and may be used for all purposes under this
2Article and the Retirement Systems Reciprocal Act, except for
3the computation of final average compensation under Section
414-103.12, or the determination of compensation under this or
5any other Article of this Code.
6 The age enhancement established under this Section may be
7used for all purposes under this Article (including calculation
8of a proportionate annuity payable by this System under the
9Retirement Systems Reciprocal Act), except for purposes of the
10level income option in Section 14-112, the reversionary annuity
11under Section 14-113, and the required distributions under
12Section 14-121.1. However, age enhancement established under
13this Section shall not be used in determining benefits payable
14under other Articles of this Code under the Retirement Systems
15Reciprocal Act.
16 (c) For all creditable service established under this
17Section, a person must pay to the System an employee
18contribution to be determined by the System, based on the
19member's final rate of compensation and one-half of the total
20retirement contribution rate in effect for the member under
21subdivision (a)(3) of Section 14-133 on the date of withdrawal.
22 If the member receives a lump sum payment for accumulated
23vacation, sick leave and personal leave upon withdrawal from
24service, and the net amount of that lump sum payment is at
25least as great as the amount of the contribution required under
26this Section, the entire contribution (or so much of it as does

HB5089- 101 -LRB100 18322 RJF 33527 b
1not exceed the contribution limitations of Section 415 of the
2Internal Revenue Code of 1986) must be paid by the employee
3before the retirement annuity may become payable. If there is
4no such lump sum payment, or if it is less than the
5contribution required under this Section, the member may either
6pay the entire contribution before the retirement annuity
7becomes payable, or may instead make an initial payment before
8the retirement annuity becomes payable, equal to the net amount
9of the lump sum payment for accumulated vacation, sick leave
10and personal leave (or so much of it as does not exceed the
11contribution limitations of Section 415 of the Internal Revenue
12Code of 1986), and have the remaining amount due deducted from
13the retirement annuity in 24 equal monthly installments
14beginning in the month in which the retirement annuity takes
15effect.
16 However, if the net amount of the lump sum payment for
17accumulated vacation, sick leave and personal leave equals or
18exceeds the contribution required under this Section, but the
19required contribution exceeds an applicable contribution
20limitation contained in Section 415 of the Internal Revenue
21Code of 1986, then the amount of the contribution in excess of
22the Section 415 limitation shall instead be paid by the
23annuitant in January of 1994. If this additional amount is not
24paid as required, the retirement annuity shall be suspended
25until the required contribution is received.
26 (d) Notwithstanding Section 14-111, an annuitant who has

HB5089- 102 -LRB100 18322 RJF 33527 b
1received any age enhancement or creditable service under this
2Section and who reenters service under this Article other than
3as a temporary employee shall thereby forfeit such age
4enhancement and creditable service, and become entitled to a
5refund of the contributions made pursuant to this Section.
6 (e) The Board shall determine the unfunded accrued
7liability created by the granting of early retirement benefits
8to State policemen under this Section, and shall certify the
9amount of that liability to the Department of State Police, the
10State Comptroller, the State Treasurer, and the Bureau of the
11Budget (now Governor's Office of Management and Budget) by June
121, 1993, or as soon thereafter as is practical. In addition to
13any other payments to the System required under this Code, the
14Department of State Police shall pay to the System the amount
15of that unfunded accrued liability, out of funds appropriated
16to the Department for that purpose, over a period of 7 years at
17the rate of 14.3% of the certified amount per year, plus
18interest on the unpaid balance at the actuarial rate as
19calculated and certified annually by the Board. Beginning in
20State fiscal year 1996, the liability created under this
21subsection (e) shall be included in the calculation of the
22required State contribution under Section 14-131 and no
23additional payments need be made under this subsection.
24(Source: P.A. 94-793, eff. 5-19-06.)
25 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)

HB5089- 103 -LRB100 18322 RJF 33527 b
1 Sec. 14-110. Alternative retirement annuity.
2 (a) Any member who has withdrawn from service with not less
3than 20 years of eligible creditable service and has attained
4age 55, and any member who has withdrawn from service with not
5less than 25 years of eligible creditable service and has
6attained age 50, regardless of whether the attainment of either
7of the specified ages occurs while the member is still in
8service, shall be entitled to receive at the option of the
9member, in lieu of the regular or minimum retirement annuity, a
10retirement annuity computed as follows:
11 (i) for periods of service as a noncovered employee: if
12 retirement occurs on or after January 1, 2001, 3% of final
13 average compensation for each year of creditable service;
14 if retirement occurs before January 1, 2001, 2 1/4% of
15 final average compensation for each of the first 10 years
16 of creditable service, 2 1/2% for each year above 10 years
17 to and including 20 years of creditable service, and 2 3/4%
18 for each year of creditable service above 20 years; and
19 (ii) for periods of eligible creditable service as a
20 covered employee: if retirement occurs on or after January
21 1, 2001, 2.5% of final average compensation for each year
22 of creditable service; if retirement occurs before January
23 1, 2001, 1.67% of final average compensation for each of
24 the first 10 years of such service, 1.90% for each of the
25 next 10 years of such service, 2.10% for each year of such
26 service in excess of 20 but not exceeding 30, and 2.30% for

HB5089- 104 -LRB100 18322 RJF 33527 b
1 each year in excess of 30.
2 Such annuity shall be subject to a maximum of 75% of final
3average compensation if retirement occurs before January 1,
42001 or to a maximum of 80% of final average compensation if
5retirement occurs on or after January 1, 2001.
6 These rates shall not be applicable to any service
7performed by a member as a covered employee which is not
8eligible creditable service. Service as a covered employee
9which is not eligible creditable service shall be subject to
10the rates and provisions of Section 14-108.
11 (b) For the purpose of this Section, "eligible creditable
12service" means creditable service resulting from service in one
13or more of the following positions:
14 (1) State policeman;
15 (2) fire fighter in the fire protection service of a
16 department;
17 (3) air pilot;
18 (4) special agent;
19 (5) investigator for the Secretary of State;
20 (6) conservation police officer;
21 (7) investigator for the Department of Revenue or the
22 Illinois Gaming Board;
23 (8) security employee of the Department of Human
24 Services;
25 (9) Central Management Services security police
26 officer;

HB5089- 105 -LRB100 18322 RJF 33527 b
1 (10) security employee of the Department of
2 Corrections or the Department of Juvenile Justice;
3 (11) dangerous drugs investigator;
4 (12) investigator for the Department of State Police;
5 (13) investigator for the Office of the Attorney
6 General;
7 (14) controlled substance inspector;
8 (15) investigator for the Office of the State's
9 Attorneys Appellate Prosecutor;
10 (16) Commerce Commission police officer;
11 (17) arson investigator;
12 (18) State highway maintenance worker.
13 A person employed in one of the positions specified in this
14subsection is entitled to eligible creditable service for
15service credit earned under this Article while undergoing the
16basic police training course approved by the Illinois Law
17Enforcement Training Standards Board, if completion of that
18training is required of persons serving in that position. For
19the purposes of this Code, service during the required basic
20police training course shall be deemed performance of the
21duties of the specified position, even though the person is not
22a sworn peace officer at the time of the training.
23 (c) For the purposes of this Section:
24 (1) The term "State policeman" includes any title or
25 position in the Department of State Police that is held by
26 an individual employed under the State Police Act. The term

HB5089- 106 -LRB100 18322 RJF 33527 b
1 "State policeman" does not include the Superintendent of
2 State Police if that individual receives a retirement
3 annuity while serving as the Superintendent of State
4 Police.
5 (2) The term "fire fighter in the fire protection
6 service of a department" includes all officers in such fire
7 protection service including fire chiefs and assistant
8 fire chiefs.
9 (3) The term "air pilot" includes any employee whose
10 official job description on file in the Department of
11 Central Management Services, or in the department by which
12 he is employed if that department is not covered by the
13 Personnel Code, states that his principal duty is the
14 operation of aircraft, and who possesses a pilot's license;
15 however, the change in this definition made by this
16 amendatory Act of 1983 shall not operate to exclude any
17 noncovered employee who was an "air pilot" for the purposes
18 of this Section on January 1, 1984.
19 (4) The term "special agent" means any person who by
20 reason of employment by the Division of Narcotic Control,
21 the Bureau of Investigation or, after July 1, 1977, the
22 Division of Criminal Investigation, the Division of
23 Internal Investigation, the Division of Operations, or any
24 other Division or organizational entity in the Department
25 of State Police is vested by law with duties to maintain
26 public order, investigate violations of the criminal law of

HB5089- 107 -LRB100 18322 RJF 33527 b
1 this State, enforce the laws of this State, make arrests
2 and recover property. The term "special agent" includes any
3 title or position in the Department of State Police that is
4 held by an individual employed under the State Police Act.
5 (5) The term "investigator for the Secretary of State"
6 means any person employed by the Office of the Secretary of
7 State and vested with such investigative duties as render
8 him ineligible for coverage under the Social Security Act
9 by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
10 218(l)(1) of that Act.
11 A person who became employed as an investigator for the
12 Secretary of State between January 1, 1967 and December 31,
13 1975, and who has served as such until attainment of age
14 60, either continuously or with a single break in service
15 of not more than 3 years duration, which break terminated
16 before January 1, 1976, shall be entitled to have his
17 retirement annuity calculated in accordance with
18 subsection (a), notwithstanding that he has less than 20
19 years of credit for such service.
20 (6) The term "Conservation Police Officer" means any
21 person employed by the Division of Law Enforcement of the
22 Department of Natural Resources and vested with such law
23 enforcement duties as render him ineligible for coverage
24 under the Social Security Act by reason of Sections
25 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
26 term "Conservation Police Officer" includes the positions

HB5089- 108 -LRB100 18322 RJF 33527 b
1 of Chief Conservation Police Administrator and Assistant
2 Conservation Police Administrator.
3 (7) The term "investigator for the Department of
4 Revenue" means any person employed by the Department of
5 Revenue and vested with such investigative duties as render
6 him ineligible for coverage under the Social Security Act
7 by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
8 218(l)(1) of that Act.
9 The term "investigator for the Illinois Gaming Board"
10 means any person employed as such by the Illinois Gaming
11 Board and vested with such peace officer duties as render
12 the person ineligible for coverage under the Social
13 Security Act by reason of Sections 218(d)(5)(A),
14 218(d)(8)(D), and 218(l)(1) of that Act.
15 (8) The term "security employee of the Department of
16 Human Services" means any person employed by the Department
17 of Human Services who (i) is employed at the Chester Mental
18 Health Center and has daily contact with the residents
19 thereof, (ii) is employed within a security unit at a
20 facility operated by the Department and has daily contact
21 with the residents of the security unit, (iii) is employed
22 at a facility operated by the Department that includes a
23 security unit and is regularly scheduled to work at least
24 50% of his or her working hours within that security unit,
25 or (iv) is a mental health police officer. "Mental health
26 police officer" means any person employed by the Department

HB5089- 109 -LRB100 18322 RJF 33527 b
1 of Human Services in a position pertaining to the
2 Department's mental health and developmental disabilities
3 functions who is vested with such law enforcement duties as
4 render the person ineligible for coverage under the Social
5 Security Act by reason of Sections 218(d)(5)(A),
6 218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
7 means that portion of a facility that is devoted to the
8 care, containment, and treatment of persons committed to
9 the Department of Human Services as sexually violent
10 persons, persons unfit to stand trial, or persons not
11 guilty by reason of insanity. With respect to past
12 employment, references to the Department of Human Services
13 include its predecessor, the Department of Mental Health
14 and Developmental Disabilities.
15 The changes made to this subdivision (c)(8) by Public
16 Act 92-14 apply to persons who retire on or after January
17 1, 2001, notwithstanding Section 1-103.1.
18 (9) "Central Management Services security police
19 officer" means any person employed by the Department of
20 Central Management Services who is vested with such law
21 enforcement duties as render him ineligible for coverage
22 under the Social Security Act by reason of Sections
23 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
24 (10) For a member who first became an employee under
25 this Article before July 1, 2005, the term "security
26 employee of the Department of Corrections or the Department

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1 of Juvenile Justice" means any employee of the Department
2 of Corrections or the Department of Juvenile Justice or the
3 former Department of Personnel, and any member or employee
4 of the Prisoner Review Board, who has daily contact with
5 inmates or youth by working within a correctional facility
6 or Juvenile facility operated by the Department of Juvenile
7 Justice or who is a parole officer or an employee who has
8 direct contact with committed persons in the performance of
9 his or her job duties. For a member who first becomes an
10 employee under this Article on or after July 1, 2005, the
11 term means an employee of the Department of Corrections or
12 the Department of Juvenile Justice who is any of the
13 following: (i) officially headquartered at a correctional
14 facility or Juvenile facility operated by the Department of
15 Juvenile Justice, (ii) a parole officer, (iii) a member of
16 the apprehension unit, (iv) a member of the intelligence
17 unit, (v) a member of the sort team, or (vi) an
18 investigator.
19 (11) The term "dangerous drugs investigator" means any
20 person who is employed as such by the Department of Human
21 Services.
22 (12) The term "investigator for the Department of State
23 Police" means a person employed by the Department of State
24 Police who is vested under Section 4 of the Narcotic
25 Control Division Abolition Act with such law enforcement
26 powers as render him ineligible for coverage under the

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1 Social Security Act by reason of Sections 218(d)(5)(A),
2 218(d)(8)(D) and 218(l)(1) of that Act.
3 (13) "Investigator for the Office of the Attorney
4 General" means any person who is employed as such by the
5 Office of the Attorney General and is vested with such
6 investigative duties as render him ineligible for coverage
7 under the Social Security Act by reason of Sections
8 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
9 the period before January 1, 1989, the term includes all
10 persons who were employed as investigators by the Office of
11 the Attorney General, without regard to social security
12 status.
13 (14) "Controlled substance inspector" means any person
14 who is employed as such by the Department of Professional
15 Regulation and is vested with such law enforcement duties
16 as render him ineligible for coverage under the Social
17 Security Act by reason of Sections 218(d)(5)(A),
18 218(d)(8)(D) and 218(l)(1) of that Act. The term
19 "controlled substance inspector" includes the Program
20 Executive of Enforcement and the Assistant Program
21 Executive of Enforcement.
22 (15) The term "investigator for the Office of the
23 State's Attorneys Appellate Prosecutor" means a person
24 employed in that capacity on a full time basis under the
25 authority of Section 7.06 of the State's Attorneys
26 Appellate Prosecutor's Act.

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1 (16) "Commerce Commission police officer" means any
2 person employed by the Illinois Commerce Commission who is
3 vested with such law enforcement duties as render him
4 ineligible for coverage under the Social Security Act by
5 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
6 218(l)(1) of that Act.
7 (17) "Arson investigator" means any person who is
8 employed as such by the Office of the State Fire Marshal
9 and is vested with such law enforcement duties as render
10 the person ineligible for coverage under the Social
11 Security Act by reason of Sections 218(d)(5)(A),
12 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
13 employed as an arson investigator on January 1, 1995 and is
14 no longer in service but not yet receiving a retirement
15 annuity may convert his or her creditable service for
16 employment as an arson investigator into eligible
17 creditable service by paying to the System the difference
18 between the employee contributions actually paid for that
19 service and the amounts that would have been contributed if
20 the applicant were contributing at the rate applicable to
21 persons with the same social security status earning
22 eligible creditable service on the date of application.
23 (18) The term "State highway maintenance worker" means
24 a person who is either of the following:
25 (i) A person employed on a full-time basis by the
26 Illinois Department of Transportation in the position

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1 of highway maintainer, highway maintenance lead
2 worker, highway maintenance lead/lead worker, heavy
3 construction equipment operator, power shovel
4 operator, or bridge mechanic; and whose principal
5 responsibility is to perform, on the roadway, the
6 actual maintenance necessary to keep the highways that
7 form a part of the State highway system in serviceable
8 condition for vehicular traffic.
9 (ii) A person employed on a full-time basis by the
10 Illinois State Toll Highway Authority in the position
11 of equipment operator/laborer H-4, equipment
12 operator/laborer H-6, welder H-4, welder H-6,
13 mechanical/electrical H-4, mechanical/electrical H-6,
14 water/sewer H-4, water/sewer H-6, sign maker/hanger
15 H-4, sign maker/hanger H-6, roadway lighting H-4,
16 roadway lighting H-6, structural H-4, structural H-6,
17 painter H-4, or painter H-6; and whose principal
18 responsibility is to perform, on the roadway, the
19 actual maintenance necessary to keep the Authority's
20 tollways in serviceable condition for vehicular
21 traffic.
22 (d) A security employee of the Department of Corrections or
23the Department of Juvenile Justice, and a security employee of
24the Department of Human Services who is not a mental health
25police officer, shall not be eligible for the alternative
26retirement annuity provided by this Section unless he or she

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1meets the following minimum age and service requirements at the
2time of retirement:
3 (i) 25 years of eligible creditable service and age 55;
4 or
5 (ii) beginning January 1, 1987, 25 years of eligible
6 creditable service and age 54, or 24 years of eligible
7 creditable service and age 55; or
8 (iii) beginning January 1, 1988, 25 years of eligible
9 creditable service and age 53, or 23 years of eligible
10 creditable service and age 55; or
11 (iv) beginning January 1, 1989, 25 years of eligible
12 creditable service and age 52, or 22 years of eligible
13 creditable service and age 55; or
14 (v) beginning January 1, 1990, 25 years of eligible
15 creditable service and age 51, or 21 years of eligible
16 creditable service and age 55; or
17 (vi) beginning January 1, 1991, 25 years of eligible
18 creditable service and age 50, or 20 years of eligible
19 creditable service and age 55.
20 Persons who have service credit under Article 16 of this
21Code for service as a security employee of the Department of
22Corrections or the Department of Juvenile Justice, or the
23Department of Human Services in a position requiring
24certification as a teacher may count such service toward
25establishing their eligibility under the service requirements
26of this Section; but such service may be used only for

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1establishing such eligibility, and not for the purpose of
2increasing or calculating any benefit.
3 (e) If a member enters military service while working in a
4position in which eligible creditable service may be earned,
5and returns to State service in the same or another such
6position, and fulfills in all other respects the conditions
7prescribed in this Article for credit for military service,
8such military service shall be credited as eligible creditable
9service for the purposes of the retirement annuity prescribed
10in this Section.
11 (f) For purposes of calculating retirement annuities under
12this Section, periods of service rendered after December 31,
131968 and before October 1, 1975 as a covered employee in the
14position of special agent, conservation police officer, mental
15health police officer, or investigator for the Secretary of
16State, shall be deemed to have been service as a noncovered
17employee, provided that the employee pays to the System prior
18to retirement an amount equal to (1) the difference between the
19employee contributions that would have been required for such
20service as a noncovered employee, and the amount of employee
21contributions actually paid, plus (2) if payment is made after
22July 31, 1987, regular interest on the amount specified in item
23(1) from the date of service to the date of payment.
24 For purposes of calculating retirement annuities under
25this Section, periods of service rendered after December 31,
261968 and before January 1, 1982 as a covered employee in the

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1position of investigator for the Department of Revenue shall be
2deemed to have been service as a noncovered employee, provided
3that the employee pays to the System prior to retirement an
4amount equal to (1) the difference between the employee
5contributions that would have been required for such service as
6a noncovered employee, and the amount of employee contributions
7actually paid, plus (2) if payment is made after January 1,
81990, regular interest on the amount specified in item (1) from
9the date of service to the date of payment.
10 (g) A State policeman may elect, not later than January 1,
111990, to establish eligible creditable service for up to 10
12years of his service as a policeman under Article 3, by filing
13a written election with the Board, accompanied by payment of an
14amount to be determined by the Board, equal to (i) the
15difference between the amount of employee and employer
16contributions transferred to the System under Section 3-110.5,
17and the amounts that would have been contributed had such
18contributions been made at the rates applicable to State
19policemen, plus (ii) interest thereon at the effective rate for
20each year, compounded annually, from the date of service to the
21date of payment.
22 Subject to the limitation in subsection (i), a State
23policeman may elect, not later than July 1, 1993, to establish
24eligible creditable service for up to 10 years of his service
25as a member of the County Police Department under Article 9, by
26filing a written election with the Board, accompanied by

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1payment of an amount to be determined by the Board, equal to
2(i) the difference between the amount of employee and employer
3contributions transferred to the System under Section 9-121.10
4and the amounts that would have been contributed had those
5contributions been made at the rates applicable to State
6policemen, plus (ii) interest thereon at the effective rate for
7each year, compounded annually, from the date of service to the
8date of payment.
9 (h) Subject to the limitation in subsection (i), a State
10policeman or investigator for the Secretary of State may elect
11to establish eligible creditable service for up to 12 years of
12his service as a policeman under Article 5, by filing a written
13election with the Board on or before January 31, 1992, and
14paying to the System by January 31, 1994 an amount to be
15determined by the Board, equal to (i) the difference between
16the amount of employee and employer contributions transferred
17to the System under Section 5-236, and the amounts that would
18have been contributed had such contributions been made at the
19rates applicable to State policemen, plus (ii) interest thereon
20at the effective rate for each year, compounded annually, from
21the date of service to the date of payment.
22 Subject to the limitation in subsection (i), a State
23policeman, conservation police officer, or investigator for
24the Secretary of State may elect to establish eligible
25creditable service for up to 10 years of service as a sheriff's
26law enforcement employee under Article 7, by filing a written

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1election with the Board on or before January 31, 1993, and
2paying to the System by January 31, 1994 an amount to be
3determined by the Board, equal to (i) the difference between
4the amount of employee and employer contributions transferred
5to the System under Section 7-139.7, and the amounts that would
6have been contributed had such contributions been made at the
7rates applicable to State policemen, plus (ii) interest thereon
8at the effective rate for each year, compounded annually, from
9the date of service to the date of payment.
10 Subject to the limitation in subsection (i), a State
11policeman, conservation police officer, or investigator for
12the Secretary of State may elect to establish eligible
13creditable service for up to 5 years of service as a police
14officer under Article 3, a policeman under Article 5, a
15sheriff's law enforcement employee under Article 7, a member of
16the county police department under Article 9, or a police
17officer under Article 15 by filing a written election with the
18Board and paying to the System an amount to be determined by
19the Board, equal to (i) the difference between the amount of
20employee and employer contributions transferred to the System
21under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
22and the amounts that would have been contributed had such
23contributions been made at the rates applicable to State
24policemen, plus (ii) interest thereon at the effective rate for
25each year, compounded annually, from the date of service to the
26date of payment.

HB5089- 119 -LRB100 18322 RJF 33527 b
1 Subject to the limitation in subsection (i), an
2investigator for the Office of the Attorney General, or an
3investigator for the Department of Revenue, may elect to
4establish eligible creditable service for up to 5 years of
5service as a police officer under Article 3, a policeman under
6Article 5, a sheriff's law enforcement employee under Article
77, or a member of the county police department under Article 9
8by filing a written election with the Board within 6 months
9after August 25, 2009 (the effective date of Public Act 96-745)
10and paying to the System an amount to be determined by the
11Board, equal to (i) the difference between the amount of
12employee and employer contributions transferred to the System
13under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
14amounts that would have been contributed had such contributions
15been made at the rates applicable to State policemen, plus (ii)
16interest thereon at the actuarially assumed rate for each year,
17compounded annually, from the date of service to the date of
18payment.
19 Subject to the limitation in subsection (i), a State
20policeman, conservation police officer, investigator for the
21Office of the Attorney General, an investigator for the
22Department of Revenue, or investigator for the Secretary of
23State may elect to establish eligible creditable service for up
24to 5 years of service as a person employed by a participating
25municipality to perform police duties, or law enforcement
26officer employed on a full-time basis by a forest preserve

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1district under Article 7, a county corrections officer, or a
2court services officer under Article 9, by filing a written
3election with the Board within 6 months after August 25, 2009
4(the effective date of Public Act 96-745) and paying to the
5System an amount to be determined by the Board, equal to (i)
6the difference between the amount of employee and employer
7contributions transferred to the System under Sections 7-139.8
8and 9-121.10 and the amounts that would have been contributed
9had such contributions been made at the rates applicable to
10State policemen, plus (ii) interest thereon at the actuarially
11assumed rate for each year, compounded annually, from the date
12of service to the date of payment.
13 (i) The total amount of eligible creditable service
14established by any person under subsections (g), (h), (j), (k),
15and (l) of this Section shall not exceed 12 years.
16 (j) Subject to the limitation in subsection (i), an
17investigator for the Office of the State's Attorneys Appellate
18Prosecutor or a controlled substance inspector may elect to
19establish eligible creditable service for up to 10 years of his
20service as a policeman under Article 3 or a sheriff's law
21enforcement employee under Article 7, by filing a written
22election with the Board, accompanied by payment of an amount to
23be determined by the Board, equal to (1) the difference between
24the amount of employee and employer contributions transferred
25to the System under Section 3-110.6 or 7-139.8, and the amounts
26that would have been contributed had such contributions been

HB5089- 121 -LRB100 18322 RJF 33527 b
1made at the rates applicable to State policemen, plus (2)
2interest thereon at the effective rate for each year,
3compounded annually, from the date of service to the date of
4payment.
5 (k) Subject to the limitation in subsection (i) of this
6Section, an alternative formula employee may elect to establish
7eligible creditable service for periods spent as a full-time
8law enforcement officer or full-time corrections officer
9employed by the federal government or by a state or local
10government located outside of Illinois, for which credit is not
11held in any other public employee pension fund or retirement
12system. To obtain this credit, the applicant must file a
13written application with the Board by March 31, 1998,
14accompanied by evidence of eligibility acceptable to the Board
15and payment of an amount to be determined by the Board, equal
16to (1) employee contributions for the credit being established,
17based upon the applicant's salary on the first day as an
18alternative formula employee after the employment for which
19credit is being established and the rates then applicable to
20alternative formula employees, plus (2) an amount determined by
21the Board to be the employer's normal cost of the benefits
22accrued for the credit being established, plus (3) regular
23interest on the amounts in items (1) and (2) from the first day
24as an alternative formula employee after the employment for
25which credit is being established to the date of payment.
26 (l) Subject to the limitation in subsection (i), a security

HB5089- 122 -LRB100 18322 RJF 33527 b
1employee of the Department of Corrections may elect, not later
2than July 1, 1998, to establish eligible creditable service for
3up to 10 years of his or her service as a policeman under
4Article 3, by filing a written election with the Board,
5accompanied by payment of an amount to be determined by the
6Board, equal to (i) the difference between the amount of
7employee and employer contributions transferred to the System
8under Section 3-110.5, and the amounts that would have been
9contributed had such contributions been made at the rates
10applicable to security employees of the Department of
11Corrections, plus (ii) interest thereon at the effective rate
12for each year, compounded annually, from the date of service to
13the date of payment.
14 (m) The amendatory changes to this Section made by this
15amendatory Act of the 94th General Assembly apply only to: (1)
16security employees of the Department of Juvenile Justice
17employed by the Department of Corrections before the effective
18date of this amendatory Act of the 94th General Assembly and
19transferred to the Department of Juvenile Justice by this
20amendatory Act of the 94th General Assembly; and (2) persons
21employed by the Department of Juvenile Justice on or after the
22effective date of this amendatory Act of the 94th General
23Assembly who are required by subsection (b) of Section 3-2.5-15
24of the Unified Code of Corrections to have any bachelor's or
25advanced degree from an accredited college or university or, in
26the case of persons who provide vocational training, who are

HB5089- 123 -LRB100 18322 RJF 33527 b
1required to have adequate knowledge in the skill for which they
2are providing the vocational training.
3 (n) A person employed in a position under subsection (b) of
4this Section who has purchased service credit under subsection
5(j) of Section 14-104 or subsection (b) of Section 14-105 in
6any other capacity under this Article may convert up to 5 years
7of that service credit into service credit covered under this
8Section by paying to the Fund an amount equal to (1) the
9additional employee contribution required under Section
1014-133, plus (2) the additional employer contribution required
11under Section 14-131, plus (3) interest on items (1) and (2) at
12the actuarially assumed rate from the date of the service to
13the date of payment.
14(Source: P.A. 100-19, eff. 1-1-18.)
15 (40 ILCS 5/14-111) (from Ch. 108 1/2, par. 14-111)
16 Sec. 14-111. Re-entry After retirement.
17 (a) An annuitant who re-enters the service of a department
18and receives compensation on a regular payroll shall receive no
19payments of the retirement annuity during the time he is so
20employed, with the following exceptions:
21 (1) An annuitant who is employed by a department while
22 he or she is a continuing participant in the General
23 Assembly Retirement System under Sections 2-117.1 and
24 14-105.4 will not be considered to have made a re-entry
25 after retirement within the meaning of this Section for the

HB5089- 124 -LRB100 18322 RJF 33527 b
1 duration of such continuing participation. Any person who
2 is a continuing participant under Sections 2-117.1 and
3 14-105.4 on the effective date of this amendatory Act of
4 1991 and whose retirement annuity has been suspended under
5 this Section shall be entitled to receive from the System a
6 sum equal to the annuity payments that have been withheld
7 under this Section, and shall receive the benefit of this
8 amendment without regard to Section 1-103.1.
9 (2) An annuitant who accepts temporary employment from
10 such a department for a period not exceeding 75 working
11 days in any calendar year is not considered to make a
12 re-entry after retirement within the meaning of this
13 Section. Any part of a day on temporary employment is
14 considered a full day of employment.
15 (3) An annuitant who serves as the Superintendent of
16 State Police is not considered to have made a re-entry
17 after retirement within the meaning of this Section for the
18 duration of his or her service as the Superintendent of
19 State Police.
20 (b) If such person re-enters the service of a department,
21not as a temporary employee, contributions to the system shall
22begin as of the date of re-employment and additional creditable
23service shall begin to accrue. He shall assume the status of a
24member entitled to all rights and privileges in the system,
25including death and disability benefits, excluding a refund of
26contributions.

HB5089- 125 -LRB100 18322 RJF 33527 b
1 Upon subsequent retirement, his retirement annuity shall
2consist of:
3 (1) the amounts of the annuities terminated by re-entry
4 into service; and
5 (2) the amount of the additional retirement annuity
6 earned by the member during the period of additional
7 membership service which shall not be subject to
8 reversionary annuity if any.
9 The total retirement annuity shall not, however, exceed the
10maximum applicable to the member at the time of original
11retirement. In the computation of any such retirement annuity,
12the time that the member was on retirement shall not interrupt
13the continuity of service for the computation of final average
14compensation and the additional membership service shall be
15considered, together with service rendered before the previous
16retirement, in establishing final average compensation.
17 A person who re-enters the service of a department within 3
18years after retiring may qualify to have the retirement annuity
19computed as though the member had not previously retired by
20paying to the System, within 5 years after re-entry and prior
21to subsequent retirement, in a lump sum or in installment
22payments in accordance with such rules as may be adopted by the
23Board, an amount equal to all retirement payments received,
24including any payments received in accordance with subsection
25(c) or (d) of Section 14-130, plus regular interest from the
26date retirement payments were suspended to the date of

HB5089- 126 -LRB100 18322 RJF 33527 b
1repayment.
2(Source: P.A. 86-1488; 87-794.)
3 (40 ILCS 5/14-155.1 new)
4 Sec. 14-155.1. Defined contribution plan for
5Superintendents of State Police. No later than January 1, 2019,
6the System shall prepare and implement a defined contribution
7plan for any Superintendent of State Police who receives a
8retirement annuity while serving in that capacity.
9Participation in the defined contribution plan under this
10Section is in lieu of accruing any other benefits under this
11Article. The defined contribution plan developed under this
12Section shall be a plan that aggregates State and participant
13contributions in individual participant accounts which, after
14meeting any other requirements, are used for payouts after
15retirement in accordance with this Section and any other
16applicable laws.
17 (1) A participant shall contribute a minimum of 4% of
18 his or her compensation to the defined contribution plan.
19 (2) For a participant who has served as Superintendent
20 of State Police for at least one year, State contributions
21 shall be paid into that participant's account at a rate
22 expressed as a percentage of compensation. This rate shall
23 be set by the Governor, but shall be no higher than 6% of
24 compensation and shall be no lower than 2% of compensation.
25 (3) State contributions shall vest when those

HB5089- 127 -LRB100 18322 RJF 33527 b
1 contributions are paid into the participant's account.
2 (4) The defined contribution plan shall provide a
3 variety of options for investments. These options shall
4 include investments handled by the Illinois State Board of
5 Investment as well as private sector investment options.
6 (5) The defined contribution plan shall provide a
7 variety of options for payouts to retirees and their
8 survivors.
9 (6) To the extent authorized under federal law and as
10 authorized by the retirement system, the defined
11 contribution plan shall allow former participants in the
12 plan to transfer or roll over employee and employer
13 contributions, and the earnings thereon, into other
14 qualified retirement plans.
15 (7) The System shall reduce the participant
16 contributions credited to the participant's defined
17 contribution plan account by an amount determined by that
18 retirement system to cover the cost of offering the
19 benefits under this Section and any applicable
20 administrative fees.
21 (8) No person shall begin participating in the defined
22 contribution plan until it has attained qualified plan
23 status and received all necessary approvals from the U.S.
24 Internal Revenue Service.
25 Section 130. The Illinois Police Training Act is amended by

HB5089- 128 -LRB100 18322 RJF 33527 b
1changing Section 3 as follows:
2 (50 ILCS 705/3) (from Ch. 85, par. 503)
3 Sec. 3. Board - composition - appointments - tenure -
4vacancies. The Board shall be composed of 19 members selected
5as follows: The Attorney General of the State of Illinois, the
6Superintendent Director of State Police, the Director of
7Corrections, the Superintendent of the Chicago Police
8Department, the Sheriff of Cook County, the Director of the
9Illinois Police Training Institute, the Clerk of the Circuit
10Court of Cook County, and the following to be appointed by the
11Governor: 2 mayors or village presidents of Illinois
12municipalities, 2 Illinois county sheriffs from counties other
13than Cook County, 2 managers of Illinois municipalities, 2
14chiefs of municipal police departments in Illinois having no
15Superintendent of the Police Department on the Board, 2
16citizens of Illinois who shall be members of an organized
17enforcement officers' association, one active member of a
18statewide association representing sheriffs, and one active
19member of a statewide association representing municipal
20police chiefs. The appointments of the Governor shall be made
21on the first Monday of August in 1965 with 3 of the
22appointments to be for a period of one year, 3 for 2 years, and
233 for 3 years. Their successors shall be appointed in like
24manner for terms to expire the first Monday of August each 3
25years thereafter. All members shall serve until their

HB5089- 129 -LRB100 18322 RJF 33527 b
1respective successors are appointed and qualify. Vacancies
2shall be filled by the Governor for the unexpired terms.
3(Source: P.A. 99-651, eff. 7-28-16.)
4 Section 135. The Uniform Peace Officers' Disciplinary Act
5is amended by changing Section 7.5 as follows:
6 (50 ILCS 725/7.5)
7 (Section scheduled to be repealed on December 31, 2018)
8 Sec. 7.5. Commission on Police Professionalism.
9 (a) Recognizing the need to review performance standards
10governing the professionalism of law enforcement agencies and
11officers in the 21st century, the General Assembly hereby
12creates the Commission on Police Professionalism.
13 (b) The Commission on Police Professionalism shall be
14composed of the following members:
15 (1) one member of the Senate appointed by the President
16 of the Senate;
17 (2) one member of the Senate appointed by the Senate
18 Minority Leader;
19 (3) one member of the House of Representatives
20 appointed by the Speaker of the House of Representatives;
21 (4) one member of the House of Representatives
22 appointed by the House Minority Leader;
23 (5) one active duty law enforcement officer who is a
24 member of a certified collective bargaining unit appointed

HB5089- 130 -LRB100 18322 RJF 33527 b
1 by the Governor;
2 (6) one active duty law enforcement officer who is a
3 member of a certified collective bargaining unit appointed
4 by the President of the Senate;
5 (7) one active duty law enforcement officer who is a
6 member of a certified collective bargaining unit appointed
7 by the Senate Minority Leader;
8 (8) one active duty law enforcement officer who is a
9 member of a certified collective bargaining unit appointed
10 by the Speaker of the House of Representatives;
11 (9) one active duty law enforcement officer who is a
12 member of a certified collective bargaining unit appointed
13 by the House Minority Leader;
14 (10) the Superintendent Director of State Police, or
15 his or her designee;
16 (10.5) the Superintendent of the Chicago Police
17 Department, or his or her designee;
18 (11) the Executive Director of the Law Enforcement
19 Training Standards Board, or his or her designee;
20 (12) the Director of a statewide organization
21 representing Illinois sheriffs;
22 (13) the Director of a statewide organization
23 representing Illinois chiefs of police;
24 (14) the Director of a statewide fraternal
25 organization representing sworn law enforcement officers
26 in this State;

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1 (15) the Director of a benevolent association
2 representing sworn police officers in this State;
3 (16) the Director of a fraternal organization
4 representing sworn law enforcement officers within the
5 City of Chicago; and
6 (17) the Director of a fraternal organization
7 exclusively representing sworn Illinois State Police
8 officers.
9 (c) The President of the Senate and the Speaker of the
10House of Representatives shall each appoint a joint chairperson
11to the Commission. The Law Enforcement Training Standards Board
12shall provide administrative support to the Commission.
13 (d) The Commission shall meet regularly to review the
14current training and certification process for law enforcement
15officers, review the duties of the various types of law
16enforcement officers, including auxiliary officers, review the
17standards for the issuance of badges, shields, and other police
18and agency identification, review officer-involved shooting
19investigation policies, review policies and practices
20concerning the use of force and misconduct by law enforcement
21officers, and examine whether law enforcement officers should
22be licensed. For the purposes of this subsection (d), "badge"
23means an officer's department issued identification number
24associated with his or her position as a police officer with
25that Department.
26 (e) The Commission shall submit a report of its findings

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1and legislative recommendations to the General Assembly and
2Governor on or before September 30, 2018.
3 (f) This Section is repealed on December 31, 2018.
4(Source: P.A. 100-319, eff. 8-24-17.)
5 Section 140. The Currency Reporting Act is amended by
6changing Sections 2, 3, 4, 5, 6, and 8 as follows:
7 (205 ILCS 685/2) (from Ch. 17, par. 7352)
8 Sec. 2. It is the purpose of this Act to require the
9keeping and submission to the Superintendent Director of State
10Police of certain reports and records of transactions involving
11United States currency when such reports and records have a
12high degree of usefulness in criminal, tax or regulatory
13investigations or proceedings.
14(Source: P.A. 87-619.)
15 (205 ILCS 685/3) (from Ch. 17, par. 7353)
16 Sec. 3. As used in this Act, the term:
17 (a) "Currency" means currency and coin of the United
18States;
19 (b) "Department" means the Department of State Police;
20 (c) "Superintendent" "Director" means Superintendent
21Director of State Police;
22 (d) "Financial Institution" means any:
23 (1) National or state bank or banking association;

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1 (2) Agency or branch of a foreign bank, or
2 international bank;
3 (3) Industrial savings bank;
4 (4) Trust company;
5 (5) Federal or state savings and loan association;
6 (6) Federal or state credit union;
7 (7) Community or ambulatory currency exchange;
8 (8) Issuer, redeemer, or cashier of travelers' checks,
9 money orders, or similar instruments;
10 (9) Operator of a credit card system;
11 (10) Insurance company;
12 (11) Dealer in precious metals, stones, and jewels;
13 (12) Loan or finance company;
14 (13) Pawnbroker;
15 (14) Travel agency;
16 (15) Licensed sender of money;
17 (16) Telegraph company;
18 (17) Business engaged in vehicle or vessel sales,
19 including automobile, airplane and boat sales;
20 (18) Person involved in real estate closings,
21 settlements, sales, or auctions.
22However, "Financial Institution" does not include an office,
23department, agency or other entity of State government.
24(Source: P.A. 87-619.)
25 (205 ILCS 685/4) (from Ch. 17, par. 7354)

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1 Sec. 4. (a) Every financial institution shall keep a record
2of every currency transaction involving more than $10,000 and
3shall file a report with the Department at such time and
4containing such information as the Superintendent Director by
5rule or regulation requires. Unless otherwise provided by rule,
6a financial institution may exempt from the reporting
7requirements of this Section deposits, withdrawals, exchanges,
8or payments exempted from the reporting requirements of Title
931 U.S.C. 5313. Each financial institution shall maintain a
10record of each exemption granted, including the name, address,
11type of business, taxpayer identification number, and account
12number of the customer granted the exemption; the type of
13transactions exempted; and the dollar limit of each exempt
14transaction. Such record of exemptions shall be made available
15to the Department for inspection and copying.
16 (b) A financial institution in compliance with the
17provisions of the Currency and Foreign Transactions Reporting
18Act (31 U.S.C. 5311, et seq.) and Federal regulations
19prescribed thereunder shall be deemed to be in compliance with
20the provisions of this Section and rules or regulations
21prescribed thereunder by the Superintendent Director.
22(Source: P.A. 87-619.)
23 (205 ILCS 685/5) (from Ch. 17, par. 7355)
24 Sec. 5. (a) No financial institution may issue or sell a
25bank check, cashier's check, traveler's check, or money order

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1to any individual in connection with a transaction or group of
2such contemporaneous transactions which involves United States
3coins or currency (or such other monetary instruments as the
4Superintendent Director may prescribe) in amounts or
5denominations of $3,000 or more unless:
6 (1) The individual has a transaction account with such
7 financial institution and the financial institution:
8 (i) Verifies that fact through a signature card or
9 other information maintained by such institution in
10 connection with the account of such individual; and
11 (ii) Records the method of verification in
12 accordance with regulations which the Superintendent
13 Director shall prescribe; or
14 (2) The individual furnishes the financial institution
15 with such forms of identification as the Director may
16 require in regulations which the Superintendent Director
17 shall prescribe and the financial institution verifies and
18 records such information in accordance with regulations
19 which the Director shall prescribe.
20 (b) Any information required to be recorded by any
21financial institution under subsection (a) of this Section 5
22shall be reported to the Director at such time and in such
23manner as the Superintendent Director may prescribe by rule or
24regulation.
25 (c) The records required to be kept by this Act shall be
26kept on the premises of the financial institutions and shall be

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1open to inspection by any law enforcement officer upon request
2of the head of such agency, made in writing and stating the
3particular information desired, the criminal or tax or
4regulatory purpose for which the information is sought and the
5official need for the information, which such information shall
6be received by them in confidence and shall not be disclosed to
7any person except for official purposes related to the
8investigation, proceeding or matter in connection with which
9the information is sought, and for which the agency shall
10reimburse the financial institution for costs incurred in
11searching for, making available, or reproducing requested
12reports.
13 (d) For the purpose of this Act the term "transaction
14account" has the meaning given to such term in Section
1519(b)(1)(c) of the Federal Reserve Act.
16 (e) A financial institution in compliance with Section 5325
17of the Currency and Foreign Transactions Reporting Act (31
18U.S.C. 5311, et seq.) and Federal regulations prescribed
19thereunder shall be deemed to be in compliance with the
20provisions of this Section and rules or regulations prescribed
21thereunder by the Superintendent Director.
22(Source: P.A. 87-619.)
23 (205 ILCS 685/6) (from Ch. 17, par. 7356)
24 Sec. 6. Authorized representatives of the Illinois State
25Police, the Illinois Attorney General, the Illinois Department

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1of Revenue, the State's Attorney's Office or Sheriff's
2Department of any county of this State, the police department
3of any municipality of this State, the United States Department
4of Justice (to include the United States Attorney General,
5local United States' Attorneys, the Federal Bureau of
6Investigation, and the Drug Enforcement Administration), and
7the United States Department of the Treasury (to include the
8United States Customs Service and the Internal Revenue Service)
9shall, under rules and regulations prescribed by the
10Superintendent Director, be given access to information and
11documents received by the Superintendent Director under this
12Act or information and documents relating to financial
13transactions received by the Superintendent Director from the
14Federal Government as the result of any memorandum or agreement
15of understanding between any Department of the United States
16and the State of Illinois.
17(Source: P.A. 87-619.)
18 (205 ILCS 685/8) (from Ch. 17, par. 7358)
19 Sec. 8. When the Superintendent Director believes a person
20has violated, is violating, or will violate this Act or a rule
21or regulation prescribed under this Act, the Superintendent
22Director may request the Attorney General to bring a civil
23action in circuit court to enjoin the violation or enforce
24compliance with this Act or rule or regulation prescribed
25thereunder. A person not complying with an injunction issued

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1under this Section is liable to the State of Illinois in a
2civil suit for an amount not more than $10,000.
3(Source: P.A. 87-619.)
4 Section 145. The Health Care Worker Background Check Act is
5amended by changing Section 65 as follows:
6 (225 ILCS 46/65)
7 Sec. 65. Health Care Worker Task Force. A Health Care
8Worker Task Force shall be appointed to study and make
9recommendations on statutory changes to this Act.
10 (a) The Task Force shall monitor the status of the
11implementation of this Act and monitor complaint
12investigations relating to this Act by the Department on Aging,
13Department of Public Health, Department of Professional
14Regulation, and the Department of Human Services to determine
15the criminal background, if any, of health care workers who
16have had findings of abuse, theft, or exploitation.
17 (b) The Task Force shall make recommendations concerning
18modifications to the list of offenses enumerated in Section 25,
19including time limits on all or some of the disqualifying
20offenses, and any other necessary or desirable changes to the
21Act.
22 (c) In the event that proposed rules or changes are
23properly submitted to the Task Force and the Task Force fails
24to advise the Department within 90 days after receipt of the

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1proposed rules or changes, final action shall be deemed to have
2been taken by the Task Force concerning the proposed rules or
3changes.
4 (d) The Task Force shall be composed of the following
5members, who shall serve without pay:
6 (1) a chairman knowledgeable about health care issues,
7 who shall be appointed by the Governor;
8 (2) the Director of Public Health or his or her
9 designee;
10 (3) the Superintendent Director of State Police or his
11 or her designee;
12 (3.5) the Director of Healthcare and Family Services or
13 his or her designee;
14 (3.6) the Secretary of Human Services or his or her
15 designee;
16 (3.7) the Director of Aging or his or her designee;
17 (4) 2 representatives of health care providers, who
18 shall be appointed by the Governor;
19 (5) 2 representatives of health care employees, who
20 shall be appointed by the Governor;
21 (5.5) a representative of a Community Care homemaker
22 program, who shall be appointed by the Governor;
23 (6) a representative of the general public who has an
24 interest in health care, who shall be appointed by the
25 Governor; and
26 (7) 4 members of the General Assembly, one appointed by

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1 the Speaker of the House, one appointed by the House
2 Minority Leader, one appointed by the President of the
3 Senate, and one appointed by the Senate Minority Leader.
4 (e) The Task Force shall meet at least quarterly, and more
5frequently at the discretion of the chairperson. Task Force
6members shall serve until a replacement is sworn and qualified.
7Nine members appointed to the Task Force constitutes a quorum.
8(Source: P.A. 95-331, eff. 8-21-07; 95-987, eff. 10-3-08.)
9 Section 150. The Liquor Control Act of 1934 is amended by
10changing Section 10-1 as follows:
11 (235 ILCS 5/10-1) (from Ch. 43, par. 183)
12 Sec. 10-1. Violations; penalties. Whereas a substantial
13threat to the sound and careful control, regulation, and
14taxation of the manufacture, sale, and distribution of
15alcoholic liquors exists by virtue of individuals who
16manufacture, import, distribute, or sell alcoholic liquors
17within the State without having first obtained a valid license
18to do so, and whereas such threat is especially serious along
19the borders of this State, and whereas such threat requires
20immediate correction by this Act, by active investigation and
21prosecution by law enforcement officials and prosecutors, and
22by prompt and strict enforcement through the courts of this
23State to punish violators and to deter such conduct in the
24future:

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1 (a) Any person who manufactures, imports for distribution
2or use, transports from outside this State into this State, or
3distributes or sells 108 liters (28.53 gallons) or more of
4wine, 45 liters (11.88 gallons) or more of distilled spirits,
5or 118 liters (31.17 gallons) or more of beer at any place
6within the State without having first obtained a valid license
7to do so under the provisions of this Act shall be guilty of a
8Class 4 felony for each offense. However, any person who was
9duly licensed under this Act and whose license expired within
1030 days prior to a violation shall be guilty of a business
11offense and fined not more than $1,000 for the first such
12offense and shall be guilty of a Class 4 felony for each
13subsequent offense.
14 Any person who manufactures, imports for distribution,
15transports from outside this State into this State for sale or
16resale in this State, or distributes or sells less than 108
17liters (28.53 gallons) of wine, less than 45 liters (11.88
18gallons) of distilled spirits, or less than 118 liters (31.17
19gallons) of beer at any place within the State without having
20first obtained a valid license to do so under the provisions of
21this Act shall be guilty of a business offense and fined not
22more than $1,000 for the first such offense and shall be guilty
23of a Class 4 felony for each subsequent offense. This
24subsection does not apply to a motor carrier or freight
25forwarder, as defined in Section 13102 of Title 49 of the
26United States Code, an air carrier, as defined in Section 40102

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1of Title 49 of the United States Code, or a rail carrier, as
2defined in Section 10102 of Title 49 of the United States Code.
3 Any person who both has been issued an initial cease and
4desist notice from the State Commission and for compensation
5ships alcoholic liquor into this State without a license
6authorized by Section 5-1 issued by the State Commission or in
7violation of that license is guilty of a Class 4 felony for
8each offense.
9 (b) (1) Any retailer, licensed in this State, who knowingly
10causes to furnish, give, sell, or otherwise being within the
11State, any alcoholic liquor destined to be used, distributed,
12consumed or sold in another state, unless such alcoholic liquor
13was received in this State by a duly licensed distributor, or
14importing distributors shall have his license suspended for 7
15days for the first offense and for the second offense, shall
16have his license revoked by the Commission.
17 (2) In the event the Commission receives a certified copy
18of a final order from a foreign jurisdiction that an Illinois
19retail licensee has been found to have violated that foreign
20jurisdiction's laws, rules, or regulations concerning the
21importation of alcoholic liquor into that foreign
22jurisdiction, the violation may be grounds for the Commission
23to revoke, suspend, or refuse to issue or renew a license, to
24impose a fine, or to take any additional action provided by
25this Act with respect to the Illinois retail license or
26licensee. Any such action on the part of the Commission shall

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1be in accordance with this Act and implementing rules.
2 For the purposes of paragraph (2): (i) "foreign
3jurisdiction" means a state, territory, or possession of the
4United States, the District of Columbia, or the Commonwealth of
5Puerto Rico, and (ii) "final order" means an order or judgment
6of a court or administrative body that determines the rights of
7the parties respecting the subject matter of the proceeding,
8that remains in full force and effect, and from which no appeal
9can be taken.
10 (c) Any person who shall make any false statement or
11otherwise violates any of the provisions of this Act in
12obtaining any license hereunder, or who having obtained a
13license hereunder shall violate any of the provisions of this
14Act with respect to the manufacture, possession, distribution
15or sale of alcoholic liquor, or with respect to the maintenance
16of the licensed premises, or shall violate any other provision
17of this Act, shall for a first offense be guilty of a petty
18offense and fined not more than $500, and for a second or
19subsequent offense shall be guilty of a Class B misdemeanor.
20 (c-5) Any owner of an establishment that serves alcohol on
21its premises, if more than 50% of the establishment's gross
22receipts within the prior 3 months is from the sale of alcohol,
23who knowingly fails to prohibit concealed firearms on its
24premises or who knowingly makes a false statement or record to
25avoid the prohibition of concealed firearms on its premises
26under the Firearm Concealed Carry Act shall be guilty of a

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1business offense with a fine up to $5,000.
2 (d) Each day any person engages in business as a
3manufacturer, foreign importer, importing distributor,
4distributor or retailer in violation of the provisions of this
5Act shall constitute a separate offense.
6 (e) Any person, under the age of 21 years who, for the
7purpose of buying, accepting or receiving alcoholic liquor from
8a licensee, represents that he is 21 years of age or over shall
9be guilty of a Class A misdemeanor.
10 (f) In addition to the penalties herein provided, any
11person licensed as a wine-maker in either class who
12manufactures more wine than authorized by his license shall be
13guilty of a business offense and shall be fined $1 for each
14gallon so manufactured.
15 (g) A person shall be exempt from prosecution for a
16violation of this Act if he is a peace officer in the
17enforcement of the criminal laws and such activity is approved
18in writing by one of the following:
19 (1) In all counties, the respective State's Attorney;
20 (2) The Superintendent Director of State Police under
21 Section 2605-10, 2605-15, 2605-75, 2605-100, 2605-105,
22 2605-110, 2605-115, 2605-120, 2605-130, 2605-140,
23 2605-190, 2605-200, 2605-205, 2605-210, 2605-215,
24 2605-250, 2605-275, 2605-300, 2605-305, 2605-315,
25 2605-325, 2605-335, 2605-340, 2605-350, 2605-355,
26 2605-360, 2605-365, 2605-375, 2605-390, 2605-400,

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1 2605-405, 2605-420, 2605-430, 2605-435, 2605-500,
2 2605-525, or 2605-550 of the Department of State Police Law
3 (20 ILCS 2605/2605-10, 2605/2605-15, 2605/2605-75,
4 2605/2605-100, 2605/2605-105, 2605/2605-110,
5 2605/2605-115, 2605/2605-120, 2605/2605-130,
6 2605/2605-140, 2605/2605-190, 2605/2605-200,
7 2605/2605-205, 2605/2605-210, 2605/2605-215,
8 2605/2605-250, 2605/2605-275, 2605/2605-300,
9 2605/2605-305, 2605/2605-315, 2605/2605-325,
10 2605/2605-335, 2605/2605-340, 2605/2605-350,
11 2605/2605-355, 2605/2605-360, 2605/2605-365,
12 2605/2605-375, 2605/2605-390, 2605/2605-400,
13 2605/2605-405, 2605/2605-420, 2605/2605-430,
14 2605/2605-435, 2605/2605-500, 2605/2605-525, or
15 2605/2605-550); or
16 (3) In cities over 1,000,000, the Superintendent of
17 Police.
18(Source: P.A. 98-63, eff. 7-9-13; 99-904, eff. 1-1-17.)
19 Section 155. The Intergovernmental Missing Child Recovery
20Act of 1984 is amended by changing Sections 2, 6, and 8 as
21follows:
22 (325 ILCS 40/2) (from Ch. 23, par. 2252)
23 Sec. 2. As used in this Act:
24 (a) "Department" means the Department of State Police.

HB5089- 146 -LRB100 18322 RJF 33527 b
1 (b) "Superintendent" "Director" means the Superintendent
2Director of the Department of State Police.
3 (c) "Unit of local government" is defined as in Article
4VII, Section 1 of the Illinois Constitution and includes both
5home rule units and units which are not home rule units. The
6term is also defined to include all public school districts
7subject to the provisions of the School Code.
8 (d) "Child" means a person under 21 years of age.
9 (e) A "LEADS terminal" is an interactive computerized
10communication and processing unit which permits a direct
11on-line communication with the Department of State Police's
12central data repository, the Law Enforcement Agencies Data
13System (LEADS).
14 (f) A "primary contact agency" means a law enforcement
15agency which maintains a LEADS terminal, or has immediate
16access to one on a 24-hour-per-day, 7-day-per-week basis by
17written agreement with another law enforcement agency.
18 (g) (Blank).
19 (h) "Missing child" means any person under 21 years of age
20whose whereabouts are unknown to his or her parents or legal
21guardian.
22 (i) "Exploitation" means activities and actions which
23include, but are not limited to, child pornography, aggravated
24child pornography, child prostitution, child sexual abuse,
25drug and substance abuse by children, and child suicide.
26 (j) (Blank).

HB5089- 147 -LRB100 18322 RJF 33527 b
1(Source: P.A. 96-1551, eff. 7-1-11; 97-938, eff. 1-1-13.)
2 (325 ILCS 40/6) (from Ch. 23, par. 2256)
3 Sec. 6. The Department shall:
4 (a) Establish and maintain a statewide Law Enforcement
5Agencies Data System (LEADS) for the purpose of effecting an
6immediate law enforcement response to reports of missing
7children. The Department shall implement an automated data
8exchange system to compile, to maintain and to make available
9for dissemination to Illinois and out-of-State law enforcement
10agencies, data which can assist appropriate agencies in
11recovering missing children.
12 (b) Establish contacts and exchange information regarding
13lost, missing or runaway children with nationally recognized
14"missing person and runaway" service organizations and monitor
15national research and publicize important developments.
16 (c) Provide a uniform reporting format for the entry of
17pertinent information regarding reports of missing children
18into LEADS.
19 (d) Develop and implement a policy whereby a statewide or
20regional alert would be used in situations relating to the
21disappearances of children, based on criteria and in a format
22established by the Department. Such a format shall include, but
23not be limited to, the age and physical description of the
24missing child and the suspected circumstances of the
25disappearance.

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1 (e) Notify all law enforcement agencies that reports of
2missing persons shall be entered as soon as the minimum level
3of data specified by the Department is available to the
4reporting agency and that no waiting period for entry of such
5data exists.
6 (f) Provide a procedure for prompt confirmation of the
7receipt and entry of the missing child report into LEADS to the
8parent or guardian of the missing child.
9 (g) Compile and retain information regarding missing
10children in a separate data file, in a manner that allows such
11information to be used by law enforcement and other agencies
12deemed appropriate by the Superintendent Director, for
13investigative purposes. Such files shall be updated to reflect
14and include information relating to the disposition of the
15case.
16 (h) Compile and maintain an historic data repository
17relating to missing children in order (1) to develop and
18improve techniques utilized by law enforcement agencies when
19responding to reports of missing children and (2) to provide a
20factual and statistical base for research that would address
21the problem of missing children.
22 (i) Create a quality control program to monitor timeliness
23of entries of missing children reports into LEADS and conduct
24performance audits of all entering agencies.
25 (j) Prepare a periodic information bulletin concerning
26missing children who it determines may be present in this

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1State, compiling such bulletin from information contained in
2both the National Crime Information Center computer and from
3reports, alerts and other information entered into LEADS or
4otherwise compiled and retained by the Department pursuant to
5this Act. The bulletin shall indicate the name, age, physical
6description, suspected circumstances of disappearance if that
7information is available, a photograph if one is available, the
8name of the law enforcement agency investigating the case, and
9such other information as the Superintendent Director
10considers appropriate concerning each missing child who the
11Department determines may be present in this State. The
12Department shall send a copy of each periodic information
13bulletin to the State Board of Education for its use in
14accordance with Section 2-3.48 of the School Code. The
15Department shall provide a copy of the bulletin, upon request,
16to law enforcement agencies of this or any other state or of
17the federal government, and may provide a copy of the bulletin,
18upon request, to other persons or entities, if deemed
19appropriate by the Superintendent Director, and may establish
20limitations on its use and a reasonable fee for so providing
21the same, except that no fee shall be charged for providing the
22periodic information bulletin to the State Board of Education,
23appropriate units of local government, State agencies, or law
24enforcement agencies of this or any other state or of the
25federal government.
26 (k) Provide for the entry into LEADS of the names and

HB5089- 150 -LRB100 18322 RJF 33527 b
1addresses of sex offenders as defined in the Sex Offender
2Registration Act who are required to register under that Act.
3The information shall be immediately accessible to law
4enforcement agencies and peace officers of this State or any
5other state or of the federal government. Similar information
6may be requested from any other state or of the federal
7government for purposes of this Act.
8 (l) Provide for the entry into LEADS of the names and
9addresses of violent offenders against youth as defined in the
10Murderer and Violent Offender Against Youth Registration Act
11who are required to register under that Act. The information
12shall be immediately accessible to law enforcement agencies and
13peace officers of this State or any other state or of the
14federal government. Similar information may be requested from
15any other state or of the federal government for purposes of
16this Act.
17(Source: P.A. 97-154, eff. 1-1-12.)
18 (325 ILCS 40/8) (from Ch. 23, par. 2258)
19 Sec. 8. The Superintendent Director shall report by June 30
20of each year to the Governor and the General Assembly on the
21operations of the State Missing Persons Clearinghouse for the
22previous calendar year.
23(Source: P.A. 97-938, eff. 1-1-13.)
24 Section 160. The Vital Records Act is amended by changing

HB5089- 151 -LRB100 18322 RJF 33527 b
1Section 15.1 as follows:
2 (410 ILCS 535/15.1) (from Ch. 111 1/2, par. 73-15.1)
3 Sec. 15.1. (1) The Superintendent Director of the
4Department of State Police or his designee may obtain a
5registration of a fictitious vital record for the purpose and
6in the manner prescribed in this Section.
7 (2) A registration of a fictitious vital record may be
8obtained pursuant to this Section only for law enforcement
9purposes in providing: (a) witnesses with new identification to
10protect them during and following criminal investigations or
11proceedings; and (b) law enforcement officers with new
12identification to enable them to escape detection while
13performing criminal investigations.
14 (3) The Superintendent Director of State Police or his
15designee may apply to the circuit court on behalf of a person
16for an order directing the State Registrar of Vital Records to
17establish a fictitious vital record if it is determined by the
18Superintendent Director that normal procedures of
19investigation or protection are inadequate or reasonably
20appear to be unlikely to succeed if tried or are too dangerous
21to employ. The court shall fix a time and place for hearing the
22application and, if it finds that the application should be
23granted, shall order the State Registrar of Vital Records to
24establish the vital record requested. The order shall include
25the data to be registered, and shall be delivered in person by

HB5089- 152 -LRB100 18322 RJF 33527 b
1the designee of the Superintendent Director of the Department
2of State Police to the State Registrar of Vital Records. Upon
3receipt of such order, the State Registrar of Vital Records
4shall establish a vital record as if such data had been
5registered pursuant to Section 12 or 18 of this Act or pursuant
6to Section 210 or 413 of the Illinois Marriage and Dissolution
7of Marriage Act.
8 (4) The general public shall be excluded from any hearing
9on an application for an order under this Section and only
10persons, including representatives of agencies, who in the
11opinion of the court have a direct interest in the matter of
12the application shall be admitted to the hearing.
13 (5) The court's file relating to any proceeding under this
14Section shall be impounded by the clerk of the court and shall
15be opened for examination only upon specific order of the
16court, which order shall name the person or persons who are to
17be permitted to examine such file. Certified copies of any
18paper or document contained in any file so impounded shall be
19made only on like order.
20 (6) Any documentation concerning a vital record registered
21pursuant to this Section, including any court order entered
22under subsection (3), maintained by the Department of State
23Police or by the State Registrar of Vital Records shall be
24sealed. Such documentation maintained by the Registrar of Vital
25Records shall be opened for examination only upon specific
26order of the court, which order shall name the person or

HB5089- 153 -LRB100 18322 RJF 33527 b
1persons who are to be permitted to examine such file. Such
2documentation maintained by the Department of State Police
3shall be opened for examination only upon the written
4permission of the Superintendent Director of that Department or
5his designee.
6 (7) The Registrar of Vital Records shall immediately notify
7the Superintendent Director of the Department of State Police
8or his designee upon receiving any request for a copy of or
9information concerning any vital record registered pursuant to
10this Section.
11 (8) If the court order directing the State Registrar of
12Vital Records to establish a fictitious vital record does not
13specify a time for the destruction or elimination of such vital
14record, the fictitious vital record shall be destroyed or
15eliminated at the conclusion of the investigation or when the
16Superintendent Director of the Department of State Police
17determines that such record is no longer necessary. After the
18destruction of such record, the Superintendent Director of the
19Department of State Police shall so notify the court which
20entered the order directing the establishment of the fictitious
21vital record.
22(Source: P.A. 85-829.)
23 Section 165. The Hazardous Materials Emergency Act is
24amended by changing Section 4 as follows:

HB5089- 154 -LRB100 18322 RJF 33527 b
1 (430 ILCS 50/4) (from Ch. 127, par. 1254)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 4. There is hereby created a Hazardous Materials
4Advisory Board, composed of 21 members as follows: the Director
5of the Illinois Emergency Management Agency, or his designee;
6the Director of Agriculture or his designee; the Chairman of
7the Illinois Commerce Commission or his designee; the Director
8of Public Health or his designee; the Director of the
9Environmental Protection Agency or his designee; the Secretary
10of Transportation or his designee; the State Fire Marshal or
11his designee; the Superintendent Director of State Police or
12his designee; the Director of Natural Resources or his
13designee; the Illinois Attorney General or his designee; the
14Director of Nuclear Safety or his designee; the Executive
15Director of the Illinois Law Enforcement Training Standards
16Board or his designee; the Director of the Illinois Fire
17Service Institute, University of Illinois, or his designee; and
18a representative from the Illinois Association of Chiefs of
19Police; the Illinois Fire Chiefs Association; the Illinois
20Sheriffs' Association; the Illinois Emergency Services
21Management Association; and 4 members appointed by the
22Governor, one of whom shall represent volunteer firefighters,
23one of whom shall represent the local emergency response
24service and two shall represent the business community. The
25Chairman shall be selected by the membership from those members
26not representing a State agency.

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1 The Board shall meet within 90 days of January 1, 1985 (the
2effective date of Public Act 83-1368) to select a chairman,
3other officers and establish an organization structure as the
4members deem necessary and thereafter at the call of the chair
5or any 11 members. A person who has been designated by the
6Director of his department to represent the Director on the
7Board shall be entitled to vote on all questions before the
8Board. Eleven members of the Board constitute a quorum, except
9that where members have not been appointed or designated to the
10Board, a quorum shall be constituted by a simple majority of
11the appointed or designated membership.
12 The Board shall advise and make recommendations to the
13Agency regarding the reporting of an accident involving
14hazardous materials and to the Department regarding the
15placarding of transportation of hazardous materials. The Board
16shall design a program and develop a Statewide plan providing
17for a coordinating system among State agencies and departments
18and units of local government, for response to accidents
19involving hazardous materials. Every attempt shall be made to
20avoid requiring any person to report an accident involving
21hazardous materials to more than one State agency. If at all
22possible, the primary agency receiving the reports shall be the
23Illinois Emergency Management Agency, and that agency shall
24relay reports to other State and local agencies.
25 The Board shall form from among its members, an Emergency
26Response Training and Standards Committee. The Secretary of

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1Transportation or his designee, the State Fire Marshal or his
2designee, and the representatives from the Chiefs of Police,
3Fire Chiefs and Sheriffs' Association shall also serve on the
4Committee. It shall be the duty of this Committee, with final
5approval of the Board, to recommend standardized training
6courses for firefighters, police officers, and other hazardous
7material emergency response personnel of the State and local
8governments; to recommend standards for hazardous material
9emergency response equipment; and recommend standards for
10achievement levels for the various hazardous material
11emergency response personnel. The standardized courses shall
12include training for firefighters, police officers, and other
13hazardous material emergency response personnel described in
14the federal regulations relating to the placarding system that
15has been promulgated under the Hazardous Materials
16Transportation Act (P.L. 93-633).
17 The Board shall review and recommend the material to be
18provided under Sections 5.04, 5.05, and 5.06 of this Act and
19assure the development of a plan for those activities in
20Section 5.07 of this Act.
21 The Board shall have the duty to study and recommend to the
22various State agencies, local governments and the General
23Assembly any aspect of placarding in transportation, hazard
24signage systems, the training of hazardous material emergency
25response personnel, the equipment used in hazardous material
26emergency response, the planning for hazardous material

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1emergency response, and the dissemination of information
2concerning these areas.
3 The Department of Transportation and the Illinois
4Emergency Management Agency shall furnish meeting facilities,
5staff, and other administrative needs of the Board. The Agency
6or the Department shall inform the Board whenever the Agency or
7the Department is considering the adoption of any regulations
8under this Act. The Agency or the Department shall send a copy
9of all proposed regulations to each member of the Board; the
10Board shall be represented at all public hearings regarding
11proposals for and changes in Agency or the Department
12regulations. The Board may, at its discretion, present the
13Agency or the Department with its written evaluation of the
14proposed regulations or changes.
15 Before the Department exempts any hazardous material from
16the placarding regulations, under Section 3 of this Act, the
17Board must approve the regulations providing for the exemption.
18(Source: P.A. 99-642, eff. 7-28-16. Repealed by P.A. 100-129,
19eff. 1-1-18.)
20 Section 170. The Firearm Owners Identification Card Act is
21amended by changing Sections 10, 11, 13.3, and 15b as follows:
22 (430 ILCS 65/10) (from Ch. 38, par. 83-10)
23 Sec. 10. Appeal to Superintendent director; hearing;
24relief from firearm prohibitions.

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1 (a) Whenever an application for a Firearm Owner's
2Identification Card is denied, whenever the Department fails to
3act on an application within 30 days of its receipt, or
4whenever such a Card is revoked or seized as provided for in
5Section 8 of this Act, the aggrieved party may appeal to the
6Superintendent Director of State Police for a hearing upon such
7denial, revocation or seizure, unless the denial, revocation,
8or seizure was based upon a forcible felony, stalking,
9aggravated stalking, domestic battery, any violation of the
10Illinois Controlled Substances Act, the Methamphetamine
11Control and Community Protection Act, or the Cannabis Control
12Act that is classified as a Class 2 or greater felony, any
13felony violation of Article 24 of the Criminal Code of 1961 or
14the Criminal Code of 2012, or any adjudication as a delinquent
15minor for the commission of an offense that if committed by an
16adult would be a felony, in which case the aggrieved party may
17petition the circuit court in writing in the county of his or
18her residence for a hearing upon such denial, revocation, or
19seizure.
20 (b) At least 30 days before any hearing in the circuit
21court, the petitioner shall serve the relevant State's Attorney
22with a copy of the petition. The State's Attorney may object to
23the petition and present evidence. At the hearing the court
24shall determine whether substantial justice has been done.
25Should the court determine that substantial justice has not
26been done, the court shall issue an order directing the

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1Department of State Police to issue a Card. However, the court
2shall not issue the order if the petitioner is otherwise
3prohibited from obtaining, possessing, or using a firearm under
4federal law.
5 (c) Any person prohibited from possessing a firearm under
6Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
7acquiring a Firearm Owner's Identification Card under Section 8
8of this Act may apply to the Superintendent Director of State
9Police or petition the circuit court in the county where the
10petitioner resides, whichever is applicable in accordance with
11subsection (a) of this Section, requesting relief from such
12prohibition and the Superintendent Director or court may grant
13such relief if it is established by the applicant to the
14court's or Superintendent's Director's satisfaction that:
15 (0.05) when in the circuit court, the State's Attorney
16 has been served with a written copy of the petition at
17 least 30 days before any such hearing in the circuit court
18 and at the hearing the State's Attorney was afforded an
19 opportunity to present evidence and object to the petition;
20 (1) the applicant has not been convicted of a forcible
21 felony under the laws of this State or any other
22 jurisdiction within 20 years of the applicant's
23 application for a Firearm Owner's Identification Card, or
24 at least 20 years have passed since the end of any period
25 of imprisonment imposed in relation to that conviction;
26 (2) the circumstances regarding a criminal conviction,

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1 where applicable, the applicant's criminal history and his
2 reputation are such that the applicant will not be likely
3 to act in a manner dangerous to public safety;
4 (3) granting relief would not be contrary to the public
5 interest; and
6 (4) granting relief would not be contrary to federal
7 law.
8 (c-5) (1) An active law enforcement officer employed by a
9unit of government, who is denied, revoked, or has his or her
10Firearm Owner's Identification Card seized under subsection
11(e) of Section 8 of this Act may apply to the Superintendent
12Director of State Police requesting relief if the officer did
13not act in a manner threatening to the officer, another person,
14or the public as determined by the treating clinical
15psychologist or physician, and as a result of his or her work
16is referred by the employer for or voluntarily seeks mental
17health evaluation or treatment by a licensed clinical
18psychologist, psychiatrist, or qualified examiner, and:
19 (A) the officer has not received treatment
20 involuntarily at a mental health facility, regardless of
21 the length of admission; or has not been voluntarily
22 admitted to a mental health facility for more than 30 days
23 and not for more than one incident within the past 5 years;
24 and
25 (B) the officer has not left the mental institution
26 against medical advice.

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1 (2) The Superintendent Director of State Police shall grant
2expedited relief to active law enforcement officers described
3in paragraph (1) of this subsection (c-5) upon a determination
4by the Superintendent Director that the officer's possession of
5a firearm does not present a threat to themselves, others, or
6public safety. The Superintendent Director shall act on the
7request for relief within 30 business days of receipt of:
8 (A) a notarized statement from the officer in the form
9 prescribed by the Superintendent Director detailing the
10 circumstances that led to the hospitalization;
11 (B) all documentation regarding the admission,
12 evaluation, treatment and discharge from the treating
13 licensed clinical psychologist or psychiatrist of the
14 officer;
15 (C) a psychological fitness for duty evaluation of the
16 person completed after the time of discharge; and
17 (D) written confirmation in the form prescribed by the
18 Superintendent Director from the treating licensed
19 clinical psychologist or psychiatrist that the provisions
20 set forth in paragraph (1) of this subsection (c-5) have
21 been met, the person successfully completed treatment, and
22 their professional opinion regarding the person's ability
23 to possess firearms.
24 (3) Officers eligible for the expedited relief in paragraph
25(2) of this subsection (c-5) have the burden of proof on
26eligibility and must provide all information required. The

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1Superintendent Director may not consider granting expedited
2relief until the proof and information is received.
3 (4) "Clinical psychologist", "psychiatrist", and
4"qualified examiner" shall have the same meaning as provided in
5Chapter I of the Mental Health and Developmental Disabilities
6Code.
7 (c-10) (1) An applicant, who is denied, revoked, or has his
8or her Firearm Owner's Identification Card seized under
9subsection (e) of Section 8 of this Act based upon a
10determination of a developmental disability or an intellectual
11disability may apply to the Superintendent Director of State
12Police requesting relief.
13 (2) The Superintendent Director shall act on the request
14for relief within 60 business days of receipt of written
15certification, in the form prescribed by the Superintendent
16Director, from a physician or clinical psychologist, or
17qualified examiner, that the aggrieved party's developmental
18disability or intellectual disability condition is determined
19by a physician, clinical psychologist, or qualified to be mild.
20If a fact-finding conference is scheduled to obtain additional
21information concerning the circumstances of the denial or
22revocation, the 60 business days the Superintendent Director
23has to act shall be tolled until the completion of the
24fact-finding conference.
25 (3) The Superintendent Director may grant relief if the
26aggrieved party's developmental disability or intellectual

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1disability is mild as determined by a physician, clinical
2psychologist, or qualified examiner and it is established by
3the applicant to the Superintendent's Director's satisfaction
4that:
5 (A) granting relief would not be contrary to the public
6 interest; and
7 (B) granting relief would not be contrary to federal
8 law.
9 (4) The Superintendent Director may not grant relief if the
10condition is determined by a physician, clinical psychologist,
11or qualified examiner to be moderate, severe, or profound.
12 (5) The changes made to this Section by this amendatory Act
13of the 99th General Assembly apply to requests for relief
14pending on or before the effective date of this amendatory Act,
15except that the 60-day period for the Superintendent Director
16to act on requests pending before the effective date shall
17begin on the effective date of this amendatory Act.
18 (d) When a minor is adjudicated delinquent for an offense
19which if committed by an adult would be a felony, the court
20shall notify the Department of State Police.
21 (e) The court shall review the denial of an application or
22the revocation of a Firearm Owner's Identification Card of a
23person who has been adjudicated delinquent for an offense that
24if committed by an adult would be a felony if an application
25for relief has been filed at least 10 years after the
26adjudication of delinquency and the court determines that the

HB5089- 164 -LRB100 18322 RJF 33527 b
1applicant should be granted relief from disability to obtain a
2Firearm Owner's Identification Card. If the court grants
3relief, the court shall notify the Department of State Police
4that the disability has been removed and that the applicant is
5eligible to obtain a Firearm Owner's Identification Card.
6 (f) Any person who is subject to the disabilities of 18
7U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
8of 1968 because of an adjudication or commitment that occurred
9under the laws of this State or who was determined to be
10subject to the provisions of subsections (e), (f), or (g) of
11Section 8 of this Act may apply to the Department of State
12Police requesting relief from that prohibition. The
13Superintendent Director shall grant the relief if it is
14established by a preponderance of the evidence that the person
15will not be likely to act in a manner dangerous to public
16safety and that granting relief would not be contrary to the
17public interest. In making this determination, the
18Superintendent Director shall receive evidence concerning (i)
19the circumstances regarding the firearms disabilities from
20which relief is sought; (ii) the petitioner's mental health and
21criminal history records, if any; (iii) the petitioner's
22reputation, developed at a minimum through character witness
23statements, testimony, or other character evidence; and (iv)
24changes in the petitioner's condition or circumstances since
25the disqualifying events relevant to the relief sought. If
26relief is granted under this subsection or by order of a court

HB5089- 165 -LRB100 18322 RJF 33527 b
1under this Section, the Superintendent Director shall as soon
2as practicable but in no case later than 15 business days,
3update, correct, modify, or remove the person's record in any
4database that the Department of State Police makes available to
5the National Instant Criminal Background Check System and
6notify the United States Attorney General that the basis for
7the record being made available no longer applies. The
8Department of State Police shall adopt rules for the
9administration of this Section.
10(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
11eff. 7-20-15.)
12 (430 ILCS 65/11) (from Ch. 38, par. 83-11)
13 Sec. 11. Judicial review of final administrative
14decisions.
15 (a) All final administrative decisions of the Department
16under this Act, except final administrative decisions of the
17Superintendent Director of State Police to deny a person's
18application for relief under subsection (f) of Section 10 of
19this Act, shall be subject to judicial review under the
20provisions of the Administrative Review Law, and all amendments
21and modifications thereof, and the rules adopted pursuant
22thereto. The term "administrative decision" is defined as in
23Section 3-101 of the Code of Civil Procedure.
24 (b) Any final administrative decision by the
25Superintendent Director of State Police to deny a person's

HB5089- 166 -LRB100 18322 RJF 33527 b
1application for relief under subsection (f) of Section 10 of
2this Act is subject to de novo judicial review by the circuit
3court, and any party may offer evidence that is otherwise
4proper and admissible without regard to whether that evidence
5is part of the administrative record.
6 (c) The Superintendent Director of State Police shall
7submit a report to the General Assembly on March 1 of each
8year, beginning March 1, 1991, listing all final decisions by a
9court of this State upholding, reversing, or reversing in part
10any administrative decision made by the Department of State
11Police.
12(Source: P.A. 97-1131, eff. 1-1-13.)
13 (430 ILCS 65/13.3)
14 Sec. 13.3. Municipal ordinance submission. Within 6 months
15after the effective date of this amendatory Act of the 92nd
16General Assembly, every municipality must submit to the
17Department of State Police a copy of every ordinance adopted by
18the municipality that regulates the acquisition, possession,
19sale, or transfer of firearms within the municipality and must
20submit, 30 days after adoption, every such ordinance adopted
21after its initial submission of ordinances under this Section.
22The Department of State Police shall compile these ordinances
23and publish them in a form available to the public free of
24charge and shall periodically update this compilation of
25ordinances in a manner prescribed by the Superintendent

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1Director of State Police.
2(Source: P.A. 92-238, eff. 8-3-01.)
3 (430 ILCS 65/15b)
4 Sec. 15b. Certified abstracts. Any certified abstract
5issued by the Superintendent Director of State Police or
6transmitted electronically by the Superintendent Director of
7State Police under this Section to a court or on request of a
8law enforcement agency for the record of a named person as to
9the status of the person's Firearm Owner's Identification Card
10is prima facie evidence of the facts stated in the certified
11abstract and if the name appearing in the abstract is the same
12as that of a person named in an information or warrant, the
13abstract is prima facie evidence that the person named in the
14information or warrant is the same person as the person named
15in the abstract and is admissible for any prosecution under
16this Act or any other applicable violation of law and may be
17admitted as proof of any prior conviction or proof of records,
18notices, or orders recorded on individual Firearm Owner's
19Identification Card records maintained by the Department of
20State Police.
21(Source: P.A. 92-839, eff. 8-22-02.)
22 Section 175. The Firearm Concealed Carry Act is amended by
23changing Sections 5 and 87 as follows:

HB5089- 168 -LRB100 18322 RJF 33527 b
1 (430 ILCS 66/5)
2 Sec. 5. Definitions. As used in this Act:
3 "Applicant" means a person who is applying for a license to
4carry a concealed firearm under this Act.
5 "Board" means the Concealed Carry Licensing Review Board.
6 "Concealed firearm" means a loaded or unloaded handgun
7carried on or about a person completely or mostly concealed
8from view of the public or on or about a person within a
9vehicle.
10 "Department" means the Department of State Police.
11 "Superintendent" "Director" means the Superintendent
12Director of State Police.
13 "Handgun" means any device which is designed to expel a
14projectile or projectiles by the action of an explosion,
15expansion of gas, or escape of gas that is designed to be held
16and fired by the use of a single hand. "Handgun" does not
17include:
18 (1) a stun gun or taser;
19 (2) a machine gun as defined in item (i) of paragraph
20 (7) of subsection (a) of Section 24-1 of the Criminal Code
21 of 2012;
22 (3) a short-barreled rifle or shotgun as defined in
23 item (ii) of paragraph (7) of subsection (a) of Section
24 24-1 of the Criminal Code of 2012; or
25 (4) any pneumatic gun, spring gun, paint ball gun, or
26 B-B gun which expels a single globular projectile not

HB5089- 169 -LRB100 18322 RJF 33527 b
1 exceeding .18 inch in diameter, or which has a maximum
2 muzzle velocity of less than 700 feet per second, or which
3 expels breakable paint balls containing washable marking
4 colors.
5 "Law enforcement agency" means any federal, State, or local
6law enforcement agency, including offices of State's Attorneys
7and the Office of the Attorney General.
8 "License" means a license issued by the Department of State
9Police to carry a concealed handgun.
10 "Licensee" means a person issued a license to carry a
11concealed handgun.
12 "Municipality" has the meaning ascribed to it in Section 1
13of Article VII of the Illinois Constitution.
14 "Unit of local government" has the meaning ascribed to it
15in Section 1 of Article VII of the Illinois Constitution.
16(Source: P.A. 98-63, eff. 7-9-13.)
17 (430 ILCS 66/87)
18 Sec. 87. Administrative and judicial review.
19 (a) Whenever an application for a concealed carry license
20is denied, whenever the Department fails to act on an
21application within 90 days of its receipt, or whenever a
22license is revoked or suspended as provided in this Act, the
23aggrieved party may appeal to the Superintendent Director for a
24hearing upon the denial, revocation, suspension, or failure to
25act on the application, unless the denial was made by the

HB5089- 170 -LRB100 18322 RJF 33527 b
1Concealed Carry Licensing Review Board, in which case the
2aggrieved party may petition the circuit court in writing in
3the county of his or her residence for a hearing upon the
4denial.
5 (b) All final administrative decisions of the Department or
6the Concealed Carry Licensing Review Board under this Act shall
7be subject to judicial review under the provisions of the
8Administrative Review Law. The term "administrative decision"
9is defined as in Section 3-101 of the Code of Civil Procedure.
10(Source: P.A. 98-63, eff. 7-9-13.)
11 Section 180. The Illinois Vehicle Code is amended by
12changing Sections 3-648, 4-109, 4-302, 6-106.1a, 11-501.2, and
1311-501.8 as follows:
14 (625 ILCS 5/3-648)
15 Sec. 3-648. Education license plates.
16 (a) The Secretary, upon receipt of an application made in
17the form prescribed by the Secretary, may issue special
18registration plates designated as Education license plates.
19The special plates issued under this Section shall be affixed
20only to passenger vehicles of the first division and motor
21vehicles of the second division weighing not more than 8,000
22pounds. Plates issued under this Section shall expire according
23to the multi-year procedure established by Section 3-414.1 of
24this Code.

HB5089- 171 -LRB100 18322 RJF 33527 b
1 (b) The design and color of the plates shall be determined
2by a contest that every elementary school pupil in the State of
3Illinois is eligible to enter. The designs submitted for the
4contest shall be judged on September 30, 2002, and the winning
5design shall be selected by a committee composed of the
6Secretary, the Superintendent Director of State Police, 2
7members of the Senate, one member chosen by the President of
8the Senate and one member chosen by the Senate Minority Leader,
9and 2 members of the House of Representatives, one member
10chosen by the Speaker of the House and one member chosen by the
11House Minority Leader. The Secretary may allow the plates to be
12issued as vanity or personalized plates under Section 3-405.1
13of the Code. The Secretary shall prescribe stickers or decals
14as provided under Section 3-412 of this Code.
15 (c) An applicant for the special plate shall be charged a
16$40 fee for original issuance, in addition to the appropriate
17registration fee. Of this $40 additional original issuance fee,
18$15 shall be deposited into the Secretary of State Special
19License Plate Fund, to be used by the Secretary to help defray
20the administrative processing costs, and $25 shall be deposited
21into the Golden Apple Scholars of Illinois Fund. For each
22registration renewal period, a $40 fee, in addition to the
23appropriate registration fee, shall be charged. Of this $40
24additional renewal fee, $2 shall be deposited into the
25Secretary of State Special License Plate Fund and $38 shall be
26deposited into the Golden Apple Scholars of Illinois Fund. Each

HB5089- 172 -LRB100 18322 RJF 33527 b
1fiscal year, once deposits from the additional original
2issuance and renewal fees into the Secretary of State Special
3License Plate Fund have reached $500,000, all the amounts
4received for the additional fees for the balance of the fiscal
5year shall be deposited into the Golden Apple Scholars of
6Illinois Fund.
7 (d) The Golden Apple Scholars of Illinois Fund is created
8as a special fund in the State treasury. All moneys in the
9Golden Apple Scholars of Illinois Fund shall be apportioned
10according to Section 52 of the Higher Education Student
11Assistance Act.
12(Source: P.A. 98-533, eff. 8-23-13.)
13 (625 ILCS 5/4-109)
14 Sec. 4-109. Motor Vehicle Theft Prevention Program. The
15Secretary of State, in conjunction with the Motor Vehicle Theft
16Prevention and Insurance Verification Council, is hereby
17authorized to establish and operate a Motor Vehicle Theft
18Prevention Program as follows:
19 (a) Voluntary program participation.
20 (b) The registered owner of a motor vehicle interested in
21participating in the program shall sign an informed consent
22agreement designed by the Secretary of State under subsection
23(e) of this Section indicating that the motor vehicle
24registered to him is not normally operated between the hours of
251:00 a.m. and 5:00 a.m. The form and fee, if any, shall be

HB5089- 173 -LRB100 18322 RJF 33527 b
1submitted to the Secretary of State for processing.
2 (c) Upon processing the form, the Secretary of State shall
3issue to the registered owner a decal. The registered owner
4shall affix the decal in a conspicuous place on his motor
5vehicle as prescribed by the Secretary of State.
6 (d) Whenever any law enforcement officer shall see a motor
7vehicle displaying a decal issued under the provisions of
8subsection (c) of this Section being operated upon the public
9highways of this State between the hours of 1:00 a.m. and 5:00
10a.m., the officer is authorized to stop that motor vehicle and
11to request the driver to produce a valid driver's license and
12motor vehicle registration card if required to be carried in
13the vehicle. Whenever the operator of a motor vehicle
14displaying a decal is unable to produce the documentation set
15forth in this Section, the police officer shall investigate
16further to determine if the person operating the motor vehicle
17is the registered owner or has the authorization of the owner
18to operate the vehicle.
19 (e) The Secretary of State, in consultation with the
20Superintendent Director of the Department of State Police and
21Motor Vehicle Theft Prevention and Insurance Verification
22Council, shall design the manner and form of the informed
23consent agreement required under subsection (b) of this Section
24and the decal required under subsection (c) of this Section.
25 (f) The Secretary of State shall provide for the recording
26of registered owners of motor vehicles who participate in the

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1program. The records shall be available to all law enforcement
2departments, agencies, and forces. The Secretary of State shall
3cooperate with and assist all law enforcement officers and
4other agencies in tracing or examining any questionable motor
5vehicles in order to determine the ownership of the motor
6vehicles.
7 (g) A fee not to exceed $10 may be charged for the informed
8consent form and decal provided under this Section. The fee, if
9any, shall be set by the Motor Vehicle Theft Prevention and
10Insurance Verification Council and shall be collected by the
11Secretary of State and deposited into the Motor Vehicle Theft
12Prevention and Insurance Verification Trust Fund.
13 (h) The Secretary of State, in consultation with the
14Superintendent Director of the Department of State Police and
15the Motor Vehicle Theft Prevention and Insurance Verification
16Council shall promulgate rules and regulations to effectuate
17the purposes of this Section.
18(Source: P.A. 100-373, eff. 1-1-18.)
19 (625 ILCS 5/4-302) (from Ch. 95 1/2, par. 4-302)
20 Sec. 4-302. Vehicle Recycling Board. There is hereby
21created the Vehicle Recycling Board of the State of Illinois
22composed of the Secretary of Transportation, the
23Superintendent Director of State Police, the Director of Public
24Health, the Director of the Environmental Protection Agency,
25the Superintendent of State Troopers or their designated

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1representatives. The Governor shall designate the Chairman and
2Secretary of the Board.
3 The Board shall appoint an advisory committee, of no less
4than 10 members, to include an official representative of the
5Office of the Secretary of State as designated by the
6Secretary; and other appropriate representatives from such
7sources as: statewide associations of city, county and township
8governing bodies; knowledgeable successful leaders from the
9auto recycling private sector; the State associations of chiefs
10of police, county sheriffs, police officers; and State agencies
11having a direct or indirect relationship with vehicle
12recycling.
13(Source: P.A. 84-25.)
14 (625 ILCS 5/6-106.1a)
15 Sec. 6-106.1a. Cancellation of school bus driver permit;
16trace of alcohol.
17 (a) A person who has been issued a school bus driver permit
18by the Secretary of State in accordance with Section 6-106.1 of
19this Code and who drives or is in actual physical control of a
20school bus or any other vehicle owned or operated by or for a
21public or private school, or a school operated by a religious
22institution, when the vehicle is being used over a regularly
23scheduled route for the transportation of persons enrolled as
24students in grade 12 or below, in connection with any activity
25of the entities listed, upon the public highways of this State

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1shall be deemed to have given consent to a chemical test or
2tests of blood, breath, other bodily substance, or urine for
3the purpose of determining the alcohol content of the person's
4blood if arrested, as evidenced by the issuance of a Uniform
5Traffic Ticket for any violation of this Code or a similar
6provision of a local ordinance, if a police officer has
7probable cause to believe that the driver has consumed any
8amount of an alcoholic beverage based upon evidence of the
9driver's physical condition or other first hand knowledge of
10the police officer. The test or tests shall be administered at
11the direction of the arresting officer. The law enforcement
12agency employing the officer shall designate which of the
13aforesaid tests shall be administered. A urine or other bodily
14substance test may be administered even after a blood or breath
15test or both has been administered.
16 (b) A person who is dead, unconscious, or who is otherwise
17in a condition rendering that person incapable of refusal,
18shall be deemed not to have withdrawn the consent provided by
19paragraph (a) of this Section and the test or tests may be
20administered subject to the following provisions:
21 (1) Chemical analysis of the person's blood, urine,
22 breath, or other bodily substance, to be considered valid
23 under the provisions of this Section, shall have been
24 performed according to standards promulgated by the
25 Department of State Police by an individual possessing a
26 valid permit issued by the Department of State Police for

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1 this purpose. The Superintendent Director of State Police
2 is authorized to approve satisfactory techniques or
3 methods, to ascertain the qualifications and competence of
4 individuals to conduct analyses, to issue permits that
5 shall be subject to termination or revocation at the
6 direction of the Department of State Police, and to certify
7 the accuracy of breath testing equipment. The Department of
8 State Police shall prescribe rules as necessary.
9 (2) When a person submits to a blood test at the
10 request of a law enforcement officer under the provisions
11 of this Section, only a physician authorized to practice
12 medicine, a licensed physician assistant, a licensed
13 advanced practice registered nurse, a registered nurse, or
14 other qualified person trained in venipuncture and acting
15 under the direction of a licensed physician may withdraw
16 blood for the purpose of determining the alcohol content.
17 This limitation does not apply to the taking of breath,
18 other bodily substance, or urine specimens.
19 (3) The person tested may have a physician, qualified
20 technician, chemist, registered nurse, or other qualified
21 person of his or her own choosing administer a chemical
22 test or tests in addition to any test or tests administered
23 at the direction of a law enforcement officer. The test
24 administered at the request of the person may be admissible
25 into evidence at a hearing conducted in accordance with
26 Section 2-118 of this Code. The failure or inability to

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1 obtain an additional test by a person shall not preclude
2 the consideration of the previously performed chemical
3 test.
4 (4) Upon a request of the person who submits to a
5 chemical test or tests at the request of a law enforcement
6 officer, full information concerning the test or tests
7 shall be made available to the person or that person's
8 attorney by the requesting law enforcement agency within 72
9 hours of receipt of the test result.
10 (5) Alcohol concentration means either grams of
11 alcohol per 100 milliliters of blood or grams of alcohol
12 per 210 liters of breath.
13 (6) If a driver is receiving medical treatment as a
14 result of a motor vehicle accident, a physician licensed to
15 practice medicine, licensed physician assistant, licensed
16 advanced practice registered nurse, registered nurse, or
17 other qualified person trained in venipuncture and acting
18 under the direction of a licensed physician shall withdraw
19 blood for testing purposes to ascertain the presence of
20 alcohol upon the specific request of a law enforcement
21 officer. However, that testing shall not be performed
22 until, in the opinion of the medical personnel on scene,
23 the withdrawal can be made without interfering with or
24 endangering the well-being of the patient.
25 (c) A person requested to submit to a test as provided in
26this Section shall be warned by the law enforcement officer

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1requesting the test that a refusal to submit to the test, or
2submission to the test resulting in an alcohol concentration of
3more than 0.00, may result in the loss of that person's
4privilege to possess a school bus driver permit. The loss of
5the individual's privilege to possess a school bus driver
6permit shall be imposed in accordance with Section 6-106.1b of
7this Code. A person requested to submit to a test under this
8Section shall also acknowledge, in writing, receipt of the
9warning required under this subsection (c). If the person
10refuses to acknowledge receipt of the warning, the law
11enforcement officer shall make a written notation on the
12warning that the person refused to sign the warning. A person's
13refusal to sign the warning shall not be evidence that the
14person was not read the warning.
15 (d) If the person refuses testing or submits to a test that
16discloses an alcohol concentration of more than 0.00, the law
17enforcement officer shall immediately submit a sworn report to
18the Secretary of State on a form prescribed by the Secretary of
19State certifying that the test or tests were requested under
20subsection (a) and the person refused to submit to a test or
21tests or submitted to testing which disclosed an alcohol
22concentration of more than 0.00. The law enforcement officer
23shall submit the same sworn report when a person who has been
24issued a school bus driver permit and who was operating a
25school bus or any other vehicle owned or operated by or for a
26public or private school, or a school operated by a religious

HB5089- 180 -LRB100 18322 RJF 33527 b
1institution, when the vehicle is being used over a regularly
2scheduled route for the transportation of persons enrolled as
3students in grade 12 or below, in connection with any activity
4of the entities listed, submits to testing under Section
511-501.1 of this Code and the testing discloses an alcohol
6concentration of more than 0.00 and less than the alcohol
7concentration at which driving or being in actual physical
8control of a motor vehicle is prohibited under paragraph (1) of
9subsection (a) of Section 11-501.
10 Upon receipt of the sworn report of a law enforcement
11officer, the Secretary of State shall enter the school bus
12driver permit sanction on the individual's driving record and
13the sanction shall be effective on the 46th day following the
14date notice of the sanction was given to the person.
15 The law enforcement officer submitting the sworn report
16shall serve immediate notice of this school bus driver permit
17sanction on the person and the sanction shall be effective on
18the 46th day following the date notice was given.
19 In cases where the blood alcohol concentration of more than
200.00 is established by a subsequent analysis of blood, other
21bodily substance, or urine, the police officer or arresting
22agency shall give notice as provided in this Section or by
23deposit in the United States mail of that notice in an envelope
24with postage prepaid and addressed to that person at his or her
25last known address and the loss of the school bus driver permit
26shall be effective on the 46th day following the date notice

HB5089- 181 -LRB100 18322 RJF 33527 b
1was given.
2 Upon receipt of the sworn report of a law enforcement
3officer, the Secretary of State shall also give notice of the
4school bus driver permit sanction to the driver and the
5driver's current employer by mailing a notice of the effective
6date of the sanction to the individual. However, shall the
7sworn report be defective by not containing sufficient
8information or be completed in error, the notice of the school
9bus driver permit sanction may not be mailed to the person or
10his current employer or entered to the driving record, but
11rather the sworn report shall be returned to the issuing law
12enforcement agency.
13 (e) A driver may contest this school bus driver permit
14sanction by requesting an administrative hearing with the
15Secretary of State in accordance with Section 2-118 of this
16Code. An individual whose blood alcohol concentration is shown
17to be more than 0.00 is not subject to this Section if he or she
18consumed alcohol in the performance of a religious service or
19ceremony. An individual whose blood alcohol concentration is
20shown to be more than 0.00 shall not be subject to this Section
21if the individual's blood alcohol concentration resulted only
22from ingestion of the prescribed or recommended dosage of
23medicine that contained alcohol. The petition for that hearing
24shall not stay or delay the effective date of the impending
25suspension. The scope of this hearing shall be limited to the
26issues of:

HB5089- 182 -LRB100 18322 RJF 33527 b
1 (1) whether the police officer had probable cause to
2 believe that the person was driving or in actual physical
3 control of a school bus or any other vehicle owned or
4 operated by or for a public or private school, or a school
5 operated by a religious institution, when the vehicle is
6 being used over a regularly scheduled route for the
7 transportation of persons enrolled as students in grade 12
8 or below, in connection with any activity of the entities
9 listed, upon the public highways of the State and the
10 police officer had reason to believe that the person was in
11 violation of any provision of this Code or a similar
12 provision of a local ordinance; and
13 (2) whether the person was issued a Uniform Traffic
14 Ticket for any violation of this Code or a similar
15 provision of a local ordinance; and
16 (3) whether the police officer had probable cause to
17 believe that the driver had consumed any amount of an
18 alcoholic beverage based upon the driver's physical
19 actions or other first-hand knowledge of the police
20 officer; and
21 (4) whether the person, after being advised by the
22 officer that the privilege to possess a school bus driver
23 permit would be canceled if the person refused to submit to
24 and complete the test or tests, did refuse to submit to or
25 complete the test or tests to determine the person's
26 alcohol concentration; and

HB5089- 183 -LRB100 18322 RJF 33527 b
1 (5) whether the person, after being advised by the
2 officer that the privileges to possess a school bus driver
3 permit would be canceled if the person submits to a
4 chemical test or tests and the test or tests disclose an
5 alcohol concentration of more than 0.00 and the person did
6 submit to and complete the test or tests that determined an
7 alcohol concentration of more than 0.00; and
8 (6) whether the test result of an alcohol concentration
9 of more than 0.00 was based upon the person's consumption
10 of alcohol in the performance of a religious service or
11 ceremony; and
12 (7) whether the test result of an alcohol concentration
13 of more than 0.00 was based upon the person's consumption
14 of alcohol through ingestion of the prescribed or
15 recommended dosage of medicine.
16 The Secretary of State may adopt administrative rules
17setting forth circumstances under which the holder of a school
18bus driver permit is not required to appear in person at the
19hearing.
20 Provided that the petitioner may subpoena the officer, the
21hearing may be conducted upon a review of the law enforcement
22officer's own official reports. Failure of the officer to
23answer the subpoena shall be grounds for a continuance if, in
24the hearing officer's discretion, the continuance is
25appropriate. At the conclusion of the hearing held under
26Section 2-118 of this Code, the Secretary of State may rescind,

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1continue, or modify the school bus driver permit sanction.
2 (f) The results of any chemical testing performed in
3accordance with subsection (a) of this Section are not
4admissible in any civil or criminal proceeding, except that the
5results of the testing may be considered at a hearing held
6under Section 2-118 of this Code. However, the results of the
7testing may not be used to impose driver's license sanctions
8under Section 11-501.1 of this Code. A law enforcement officer
9may, however, pursue a statutory summary suspension or
10revocation of driving privileges under Section 11-501.1 of this
11Code if other physical evidence or first hand knowledge forms
12the basis of that suspension or revocation.
13 (g) This Section applies only to drivers who have been
14issued a school bus driver permit in accordance with Section
156-106.1 of this Code at the time of the issuance of the Uniform
16Traffic Ticket for a violation of this Code or a similar
17provision of a local ordinance, and a chemical test request is
18made under this Section.
19 (h) The action of the Secretary of State in suspending,
20revoking, canceling, or denying any license, permit,
21registration, or certificate of title shall be subject to
22judicial review in the Circuit Court of Sangamon County or in
23the Circuit Court of Cook County, and the provisions of the
24Administrative Review Law and its rules are hereby adopted and
25shall apply to and govern every action for the judicial review
26of final acts or decisions of the Secretary of State under this

HB5089- 185 -LRB100 18322 RJF 33527 b
1Section.
2(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
3100-513, eff. 1-1-18.)
4 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
5 Sec. 11-501.2. Chemical and other tests.
6 (a) Upon the trial of any civil or criminal action or
7proceeding arising out of an arrest for an offense as defined
8in Section 11-501 or a similar local ordinance or proceedings
9pursuant to Section 2-118.1, evidence of the concentration of
10alcohol, other drug or drugs, or intoxicating compound or
11compounds, or any combination thereof in a person's blood or
12breath at the time alleged, as determined by analysis of the
13person's blood, urine, breath, or other bodily substance, shall
14be admissible. Where such test is made the following provisions
15shall apply:
16 1. Chemical analyses of the person's blood, urine,
17 breath, or other bodily substance to be considered valid
18 under the provisions of this Section shall have been
19 performed according to standards promulgated by the
20 Department of State Police by a licensed physician,
21 registered nurse, trained phlebotomist, licensed
22 paramedic, or other individual possessing a valid permit
23 issued by that Department for this purpose. The
24 Superintendent Director of State Police is authorized to
25 approve satisfactory techniques or methods, to ascertain

HB5089- 186 -LRB100 18322 RJF 33527 b
1 the qualifications and competence of individuals to
2 conduct such analyses, to issue permits which shall be
3 subject to termination or revocation at the discretion of
4 that Department and to certify the accuracy of breath
5 testing equipment. The Department of State Police shall
6 prescribe regulations as necessary to implement this
7 Section.
8 2. When a person in this State shall submit to a blood
9 test at the request of a law enforcement officer under the
10 provisions of Section 11-501.1, only a physician
11 authorized to practice medicine, a licensed physician
12 assistant, a licensed advanced practice registered nurse,
13 a registered nurse, trained phlebotomist, or licensed
14 paramedic, or other qualified person approved by the
15 Department of State Police may withdraw blood for the
16 purpose of determining the alcohol, drug, or alcohol and
17 drug content therein. This limitation shall not apply to
18 the taking of breath, other bodily substance, or urine
19 specimens.
20 When a blood test of a person who has been taken to an
21 adjoining state for medical treatment is requested by an
22 Illinois law enforcement officer, the blood may be
23 withdrawn only by a physician authorized to practice
24 medicine in the adjoining state, a licensed physician
25 assistant, a licensed advanced practice registered nurse,
26 a registered nurse, a trained phlebotomist acting under the

HB5089- 187 -LRB100 18322 RJF 33527 b
1 direction of the physician, or licensed paramedic. The law
2 enforcement officer requesting the test shall take custody
3 of the blood sample, and the blood sample shall be analyzed
4 by a laboratory certified by the Department of State Police
5 for that purpose.
6 3. The person tested may have a physician, or a
7 qualified technician, chemist, registered nurse, or other
8 qualified person of their own choosing administer a
9 chemical test or tests in addition to any administered at
10 the direction of a law enforcement officer. The failure or
11 inability to obtain an additional test by a person shall
12 not preclude the admission of evidence relating to the test
13 or tests taken at the direction of a law enforcement
14 officer.
15 4. Upon the request of the person who shall submit to a
16 chemical test or tests at the request of a law enforcement
17 officer, full information concerning the test or tests
18 shall be made available to the person or such person's
19 attorney.
20 5. Alcohol concentration shall mean either grams of
21 alcohol per 100 milliliters of blood or grams of alcohol
22 per 210 liters of breath.
23 6. Tetrahydrocannabinol concentration means either 5
24 nanograms or more of delta-9-tetrahydrocannabinol per
25 milliliter of whole blood or 10 nanograms or more of
26 delta-9-tetrahydrocannabinol per milliliter of other

HB5089- 188 -LRB100 18322 RJF 33527 b
1 bodily substance.
2 (a-5) Law enforcement officials may use standardized field
3sobriety tests approved by the National Highway Traffic Safety
4Administration when conducting investigations of a violation
5of Section 11-501 or similar local ordinance by drivers
6suspected of driving under the influence of cannabis. The
7General Assembly finds that standardized field sobriety tests
8approved by the National Highway Traffic Safety Administration
9are divided attention tasks that are intended to determine if a
10person is under the influence of cannabis. The purpose of these
11tests is to determine the effect of the use of cannabis on a
12person's capacity to think and act with ordinary care and
13therefore operate a motor vehicle safely. Therefore, the
14results of these standardized field sobriety tests,
15appropriately administered, shall be admissible in the trial of
16any civil or criminal action or proceeding arising out of an
17arrest for a cannabis-related offense as defined in Section
1811-501 or a similar local ordinance or proceedings under
19Section 2-118.1 or 2-118.2. Where a test is made the following
20provisions shall apply:
21 1. The person tested may have a physician, or a
22 qualified technician, chemist, registered nurse, or other
23 qualified person of their own choosing administer a
24 chemical test or tests in addition to the standardized
25 field sobriety test or tests administered at the direction
26 of a law enforcement officer. The failure or inability to

HB5089- 189 -LRB100 18322 RJF 33527 b
1 obtain an additional test by a person does not preclude the
2 admission of evidence relating to the test or tests taken
3 at the direction of a law enforcement officer.
4 2. Upon the request of the person who shall submit to a
5 standardized field sobriety test or tests at the request of
6 a law enforcement officer, full information concerning the
7 test or tests shall be made available to the person or the
8 person's attorney.
9 3. At the trial of any civil or criminal action or
10 proceeding arising out of an arrest for an offense as
11 defined in Section 11-501 or a similar local ordinance or
12 proceedings under Section 2-118.1 or 2-118.2 in which the
13 results of these standardized field sobriety tests are
14 admitted, the cardholder may present and the trier of fact
15 may consider evidence that the card holder lacked the
16 physical capacity to perform the standardized field
17 sobriety tests.
18 (b) Upon the trial of any civil or criminal action or
19proceeding arising out of acts alleged to have been committed
20by any person while driving or in actual physical control of a
21vehicle while under the influence of alcohol, the concentration
22of alcohol in the person's blood or breath at the time alleged
23as shown by analysis of the person's blood, urine, breath, or
24other bodily substance shall give rise to the following
25presumptions:
26 1. If there was at that time an alcohol concentration

HB5089- 190 -LRB100 18322 RJF 33527 b
1 of 0.05 or less, it shall be presumed that the person was
2 not under the influence of alcohol.
3 2. If there was at that time an alcohol concentration
4 in excess of 0.05 but less than 0.08, such facts shall not
5 give rise to any presumption that the person was or was not
6 under the influence of alcohol, but such fact may be
7 considered with other competent evidence in determining
8 whether the person was under the influence of alcohol.
9 3. If there was at that time an alcohol concentration
10 of 0.08 or more, it shall be presumed that the person was
11 under the influence of alcohol.
12 4. The foregoing provisions of this Section shall not
13 be construed as limiting the introduction of any other
14 relevant evidence bearing upon the question whether the
15 person was under the influence of alcohol.
16 (b-5) Upon the trial of any civil or criminal action or
17proceeding arising out of acts alleged to have been committed
18by any person while driving or in actual physical control of a
19vehicle while under the influence of alcohol, other drug or
20drugs, intoxicating compound or compounds or any combination
21thereof, the concentration of cannabis in the person's whole
22blood or other bodily substance at the time alleged as shown by
23analysis of the person's blood or other bodily substance shall
24give rise to the following presumptions:
25 1. If there was a tetrahydrocannabinol concentration
26 of 5 nanograms or more in whole blood or 10 nanograms or

HB5089- 191 -LRB100 18322 RJF 33527 b
1 more in an other bodily substance as defined in this
2 Section, it shall be presumed that the person was under the
3 influence of cannabis.
4 2. If there was at that time a tetrahydrocannabinol
5 concentration of less than 5 nanograms in whole blood or
6 less than 10 nanograms in an other bodily substance, such
7 facts shall not give rise to any presumption that the
8 person was or was not under the influence of cannabis, but
9 such fact may be considered with other competent evidence
10 in determining whether the person was under the influence
11 of cannabis.
12 (c) 1. If a person under arrest refuses to submit to a
13chemical test under the provisions of Section 11-501.1,
14evidence of refusal shall be admissible in any civil or
15criminal action or proceeding arising out of acts alleged to
16have been committed while the person under the influence of
17alcohol, other drug or drugs, or intoxicating compound or
18compounds, or any combination thereof was driving or in actual
19physical control of a motor vehicle.
20 2. Notwithstanding any ability to refuse under this Code to
21submit to these tests or any ability to revoke the implied
22consent to these tests, if a law enforcement officer has
23probable cause to believe that a motor vehicle driven by or in
24actual physical control of a person under the influence of
25alcohol, other drug or drugs, or intoxicating compound or
26compounds, or any combination thereof has caused the death or

HB5089- 192 -LRB100 18322 RJF 33527 b
1personal injury to another, the law enforcement officer shall
2request, and that person shall submit, upon the request of a
3law enforcement officer, to a chemical test or tests of his or
4her blood, breath, other bodily substance, or urine for the
5purpose of determining the alcohol content thereof or the
6presence of any other drug or combination of both.
7 This provision does not affect the applicability of or
8imposition of driver's license sanctions under Section
911-501.1 of this Code.
10 3. For purposes of this Section, a personal injury includes
11any Type A injury as indicated on the traffic accident report
12completed by a law enforcement officer that requires immediate
13professional attention in either a doctor's office or a medical
14facility. A Type A injury includes severe bleeding wounds,
15distorted extremities, and injuries that require the injured
16party to be carried from the scene.
17 (d) If a person refuses standardized field sobriety tests
18under Section 11-501.9 of this Code, evidence of refusal shall
19be admissible in any civil or criminal action or proceeding
20arising out of acts committed while the person was driving or
21in actual physical control of a vehicle and alleged to have
22been impaired by the use of cannabis.
23 (e) Department of State Police compliance with the changes
24in this amendatory Act of the 99th General Assembly concerning
25testing of other bodily substances and tetrahydrocannabinol
26concentration by Department of State Police laboratories is

HB5089- 193 -LRB100 18322 RJF 33527 b
1subject to appropriation and until the Department of State
2Police adopt standards and completion validation. Any
3laboratories that test for the presence of cannabis or other
4drugs under this Article, the Snowmobile Registration and
5Safety Act, or the Boat Registration and Safety Act must comply
6with ISO/IEC 17025:2005.
7(Source: P.A. 99-697, eff. 7-29-16; 100-513, eff. 1-1-18.)
8 (625 ILCS 5/11-501.8)
9 Sec. 11-501.8. Suspension of driver's license; persons
10under age 21.
11 (a) A person who is less than 21 years of age and who
12drives or is in actual physical control of a motor vehicle upon
13the public highways of this State shall be deemed to have given
14consent to a chemical test or tests of blood, breath, other
15bodily substance, or urine for the purpose of determining the
16alcohol content of the person's blood if arrested, as evidenced
17by the issuance of a Uniform Traffic Ticket for any violation
18of the Illinois Vehicle Code or a similar provision of a local
19ordinance, if a police officer has probable cause to believe
20that the driver has consumed any amount of an alcoholic
21beverage based upon evidence of the driver's physical condition
22or other first hand knowledge of the police officer. The test
23or tests shall be administered at the direction of the
24arresting officer. The law enforcement agency employing the
25officer shall designate which of the aforesaid tests shall be

HB5089- 194 -LRB100 18322 RJF 33527 b
1administered. Up to 2 additional tests of urine or other bodily
2substance may be administered even after a blood or breath test
3or both has been administered.
4 (b) A person who is dead, unconscious, or who is otherwise
5in a condition rendering that person incapable of refusal,
6shall be deemed not to have withdrawn the consent provided by
7paragraph (a) of this Section and the test or tests may be
8administered subject to the following provisions:
9 (i) Chemical analysis of the person's blood, urine,
10 breath, or other bodily substance, to be considered valid
11 under the provisions of this Section, shall have been
12 performed according to standards promulgated by the
13 Department of State Police by an individual possessing a
14 valid permit issued by that Department for this purpose.
15 The Superintendent Director of State Police is authorized
16 to approve satisfactory techniques or methods, to
17 ascertain the qualifications and competence of individuals
18 to conduct analyses, to issue permits that shall be subject
19 to termination or revocation at the direction of that
20 Department, and to certify the accuracy of breath testing
21 equipment. The Department of State Police shall prescribe
22 regulations as necessary.
23 (ii) When a person submits to a blood test at the
24 request of a law enforcement officer under the provisions
25 of this Section, only a physician authorized to practice
26 medicine, a licensed physician assistant, a licensed

HB5089- 195 -LRB100 18322 RJF 33527 b
1 advanced practice registered nurse, a registered nurse, or
2 other qualified person trained in venipuncture and acting
3 under the direction of a licensed physician may withdraw
4 blood for the purpose of determining the alcohol content
5 therein. This limitation does not apply to the taking of
6 breath, other bodily substance, or urine specimens.
7 (iii) The person tested may have a physician, qualified
8 technician, chemist, registered nurse, or other qualified
9 person of his or her own choosing administer a chemical
10 test or tests in addition to any test or tests administered
11 at the direction of a law enforcement officer. The failure
12 or inability to obtain an additional test by a person shall
13 not preclude the consideration of the previously performed
14 chemical test.
15 (iv) Upon a request of the person who submits to a
16 chemical test or tests at the request of a law enforcement
17 officer, full information concerning the test or tests
18 shall be made available to the person or that person's
19 attorney.
20 (v) Alcohol concentration means either grams of
21 alcohol per 100 milliliters of blood or grams of alcohol
22 per 210 liters of breath.
23 (vi) If a driver is receiving medical treatment as a
24 result of a motor vehicle accident, a physician licensed to
25 practice medicine, licensed physician assistant, licensed
26 advanced practice registered nurse, registered nurse, or

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1 other qualified person trained in venipuncture and acting
2 under the direction of a licensed physician shall withdraw
3 blood for testing purposes to ascertain the presence of
4 alcohol upon the specific request of a law enforcement
5 officer. However, that testing shall not be performed
6 until, in the opinion of the medical personnel on scene,
7 the withdrawal can be made without interfering with or
8 endangering the well-being of the patient.
9 (c) A person requested to submit to a test as provided
10above shall be warned by the law enforcement officer requesting
11the test that a refusal to submit to the test, or submission to
12the test resulting in an alcohol concentration of more than
130.00, may result in the loss of that person's privilege to
14operate a motor vehicle and may result in the disqualification
15of the person's privilege to operate a commercial motor
16vehicle, as provided in Section 6-514 of this Code, if the
17person is a CDL holder. The loss of driving privileges shall be
18imposed in accordance with Section 6-208.2 of this Code.
19 A person requested to submit to a test shall also
20acknowledge, in writing, receipt of the warning required under
21this Section. If the person refuses to acknowledge receipt of
22the warning, the law enforcement officer shall make a written
23notation on the warning that the person refused to sign the
24warning. A person's refusal to sign the warning shall not be
25evidence that the person was not read the warning.
26 (d) If the person refuses testing or submits to a test that

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1discloses an alcohol concentration of more than 0.00, the law
2enforcement officer shall immediately submit a sworn report to
3the Secretary of State on a form prescribed by the Secretary of
4State, certifying that the test or tests were requested under
5subsection (a) and the person refused to submit to a test or
6tests or submitted to testing which disclosed an alcohol
7concentration of more than 0.00. The law enforcement officer
8shall submit the same sworn report when a person under the age
9of 21 submits to testing under Section 11-501.1 of this Code
10and the testing discloses an alcohol concentration of more than
110.00 and less than 0.08.
12 Upon receipt of the sworn report of a law enforcement
13officer, the Secretary of State shall enter the suspension and
14disqualification on the individual's driving record and the
15suspension and disqualification shall be effective on the 46th
16day following the date notice of the suspension was given to
17the person. If this suspension is the individual's first
18driver's license suspension under this Section, reports
19received by the Secretary of State under this Section shall,
20except during the time the suspension is in effect, be
21privileged information and for use only by the courts, police
22officers, prosecuting authorities, the Secretary of State, or
23the individual personally, unless the person is a CDL holder,
24is operating a commercial motor vehicle or vehicle required to
25be placarded for hazardous materials, in which case the
26suspension shall not be privileged. Reports received by the

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1Secretary of State under this Section shall also be made
2available to the parent or guardian of a person under the age
3of 18 years that holds an instruction permit or a graduated
4driver's license, regardless of whether the suspension is in
5effect.
6 The law enforcement officer submitting the sworn report
7shall serve immediate notice of this suspension on the person
8and the suspension and disqualification shall be effective on
9the 46th day following the date notice was given.
10 In cases where the blood alcohol concentration of more than
110.00 is established by a subsequent analysis of blood, other
12bodily substance, or urine, the police officer or arresting
13agency shall give notice as provided in this Section or by
14deposit in the United States mail of that notice in an envelope
15with postage prepaid and addressed to that person at his last
16known address and the loss of driving privileges shall be
17effective on the 46th day following the date notice was given.
18 Upon receipt of the sworn report of a law enforcement
19officer, the Secretary of State shall also give notice of the
20suspension and disqualification to the driver by mailing a
21notice of the effective date of the suspension and
22disqualification to the individual. However, should the sworn
23report be defective by not containing sufficient information or
24be completed in error, the notice of the suspension and
25disqualification shall not be mailed to the person or entered
26to the driving record, but rather the sworn report shall be

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1returned to the issuing law enforcement agency.
2 (e) A driver may contest this suspension and
3disqualification by requesting an administrative hearing with
4the Secretary of State in accordance with Section 2-118 of this
5Code. An individual whose blood alcohol concentration is shown
6to be more than 0.00 is not subject to this Section if he or she
7consumed alcohol in the performance of a religious service or
8ceremony. An individual whose blood alcohol concentration is
9shown to be more than 0.00 shall not be subject to this Section
10if the individual's blood alcohol concentration resulted only
11from ingestion of the prescribed or recommended dosage of
12medicine that contained alcohol. The petition for that hearing
13shall not stay or delay the effective date of the impending
14suspension. The scope of this hearing shall be limited to the
15issues of:
16 (1) whether the police officer had probable cause to
17 believe that the person was driving or in actual physical
18 control of a motor vehicle upon the public highways of the
19 State and the police officer had reason to believe that the
20 person was in violation of any provision of the Illinois
21 Vehicle Code or a similar provision of a local ordinance;
22 and
23 (2) whether the person was issued a Uniform Traffic
24 Ticket for any violation of the Illinois Vehicle Code or a
25 similar provision of a local ordinance; and
26 (3) whether the police officer had probable cause to

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1 believe that the driver had consumed any amount of an
2 alcoholic beverage based upon the driver's physical
3 actions or other first-hand knowledge of the police
4 officer; and
5 (4) whether the person, after being advised by the
6 officer that the privilege to operate a motor vehicle would
7 be suspended if the person refused to submit to and
8 complete the test or tests, did refuse to submit to or
9 complete the test or tests to determine the person's
10 alcohol concentration; and
11 (5) whether the person, after being advised by the
12 officer that the privileges to operate a motor vehicle
13 would be suspended if the person submits to a chemical test
14 or tests and the test or tests disclose an alcohol
15 concentration of more than 0.00, did submit to and complete
16 the test or tests that determined an alcohol concentration
17 of more than 0.00; and
18 (6) whether the test result of an alcohol concentration
19 of more than 0.00 was based upon the person's consumption
20 of alcohol in the performance of a religious service or
21 ceremony; and
22 (7) whether the test result of an alcohol concentration
23 of more than 0.00 was based upon the person's consumption
24 of alcohol through ingestion of the prescribed or
25 recommended dosage of medicine.
26 At the conclusion of the hearing held under Section 2-118

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1of this Code, the Secretary of State may rescind, continue, or
2modify the suspension and disqualification. If the Secretary of
3State does not rescind the suspension and disqualification, a
4restricted driving permit may be granted by the Secretary of
5State upon application being made and good cause shown. A
6restricted driving permit may be granted to relieve undue
7hardship by allowing driving for employment, educational, and
8medical purposes as outlined in item (3) of part (c) of Section
96-206 of this Code. The provisions of item (3) of part (c) of
10Section 6-206 of this Code and of subsection (f) of that
11Section shall apply. The Secretary of State shall promulgate
12rules providing for participation in an alcohol education and
13awareness program or activity, a drug education and awareness
14program or activity, or both as a condition to the issuance of
15a restricted driving permit for suspensions imposed under this
16Section.
17 (f) The results of any chemical testing performed in
18accordance with subsection (a) of this Section are not
19admissible in any civil or criminal proceeding, except that the
20results of the testing may be considered at a hearing held
21under Section 2-118 of this Code. However, the results of the
22testing may not be used to impose driver's license sanctions
23under Section 11-501.1 of this Code. A law enforcement officer
24may, however, pursue a statutory summary suspension or
25revocation of driving privileges under Section 11-501.1 of this
26Code if other physical evidence or first hand knowledge forms

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1the basis of that suspension or revocation.
2 (g) This Section applies only to drivers who are under age
321 at the time of the issuance of a Uniform Traffic Ticket for
4a violation of the Illinois Vehicle Code or a similar provision
5of a local ordinance, and a chemical test request is made under
6this Section.
7 (h) The action of the Secretary of State in suspending,
8revoking, cancelling, or disqualifying any license or permit
9shall be subject to judicial review in the Circuit Court of
10Sangamon County or in the Circuit Court of Cook County, and the
11provisions of the Administrative Review Law and its rules are
12hereby adopted and shall apply to and govern every action for
13the judicial review of final acts or decisions of the Secretary
14of State under this Section.
15(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
16100-513, eff. 1-1-18.)
17 Section 185. The Statewide Relocation Towing Licensure
18Commission Act is amended by changing Section 5 as follows:
19 (625 ILCS 65/5)
20 (Section scheduled to be repealed on January 1, 2018)
21 Sec. 5. The Statewide Relocation Towing Licensure
22Commission.
23 (a) There is hereby created the Statewide Relocation Towing
24Licensure Commission.

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1 (b) Within 60 days after the effective date of this Act,
2the members of the Commission shall be appointed with the
3following members:
4 (1) one member of the General Assembly, appointed by
5 the President of the Senate;
6 (2) one member of the General Assembly, appointed by
7 the Minority Leader of the Senate;
8 (3) one member of the General Assembly, appointed by
9 the Speaker of the House of Representatives;
10 (4) one member of the General Assembly, appointed by
11 the Minority Leader of the House of Representatives;
12 (5) the Mayor of the City of Chicago, or his or her
13 designee;
14 (6) the Secretary of Transportation, or his or her
15 designee;
16 (7) the Superintendent Director of State Police, or his
17 or her designee;
18 (8) two members of the public who represent the towing
19 industry, appointed by the President of the Professional
20 Towing and Recovery Operators of Illinois;
21 (9) two members of the public who represent the
22 property casualty insurance industry, appointed by the
23 Executive Director of the Illinois Insurance Association;
24 (10) the President of the Illinois Municipal League, or
25 his or her designee;
26 (11) the President of the Illinois Sheriffs'

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1 Association, or his or her designee;
2 (12) the Cook County State's Attorney, or his or her
3 designee;
4 (13) the Chairman of the Illinois Commerce Commission,
5 or his or her designee; and
6 (14) the President of the Northwest Municipal
7 Conference, or his or her designee.
8 (c) The members of the Commission shall receive no
9compensation for serving as members of the Commission.
10 (d) The Illinois Commerce Commission shall provide
11administrative and other support to the Commission.
12(Source: P.A. 99-848, eff. 8-19-16.)
13 Section 190. The Clerks of Courts Act is amended by
14changing Section 27.3a as follows:
15 (705 ILCS 105/27.3a)
16 Sec. 27.3a. Fees for automated record keeping, probation
17and court services operations, State and Conservation Police
18operations, and e-business programs.
19 1. The expense of establishing and maintaining automated
20record keeping systems in the offices of the clerks of the
21circuit court shall be borne by the county. To defray such
22expense in any county having established such an automated
23system or which elects to establish such a system, the county
24board may require the clerk of the circuit court in their

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1county to charge and collect a court automation fee of not less
2than $1 nor more than $25 to be charged and collected by the
3clerk of the court. Such fee shall be paid at the time of
4filing the first pleading, paper or other appearance filed by
5each party in all civil cases or by the defendant in any
6felony, traffic, misdemeanor, municipal ordinance, or
7conservation case upon a judgment of guilty or grant of
8supervision, provided that the record keeping system which
9processes the case category for which the fee is charged is
10automated or has been approved for automation by the county
11board, and provided further that no additional fee shall be
12required if more than one party is presented in a single
13pleading, paper or other appearance. Such fee shall be
14collected in the manner in which all other fees or costs are
15collected.
16 1.1. Starting on July 6, 2012 (the effective date of Public
17Act 97-761) and pursuant to an administrative order from the
18chief judge of the circuit or the presiding judge of the county
19authorizing such collection, a clerk of the circuit court in
20any county that imposes a fee pursuant to subsection 1 of this
21Section shall also charge and collect an additional $10
22operations fee for probation and court services department
23operations.
24 This additional fee shall be paid by the defendant in any
25felony, traffic, misdemeanor, local ordinance, or conservation
26case upon a judgment of guilty or grant of supervision, except

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1such $10 operations fee shall not be charged and collected in
2cases governed by Supreme Court Rule 529 in which the bail
3amount is $120 or less.
4 1.2. With respect to the fee imposed and collected under
5subsection 1.1 of this Section, each clerk shall transfer all
6fees monthly to the county treasurer for deposit into the
7probation and court services fund created under Section 15.1 of
8the Probation and Probation Officers Act, and such monies shall
9be disbursed from the fund only at the direction of the chief
10judge of the circuit or another judge designated by the Chief
11Circuit Judge in accordance with the policies and guidelines
12approved by the Supreme Court.
13 1.5. Starting on June 1, 2014, a clerk of the circuit court
14in any county that imposes a fee pursuant to subsection 1 of
15this Section, shall charge and collect an additional fee in an
16amount equal to the amount of the fee imposed pursuant to
17subsection 1 of this Section, except the fee imposed under this
18subsection may not be more than $15. This additional fee shall
19be paid by the defendant in any felony, traffic, misdemeanor,
20or local ordinance case upon a judgment of guilty or grant of
21supervision. This fee shall not be paid by the defendant for
22any violation listed in subsection 1.6 of this Section.
23 1.6. Starting on June 1, 2014, a clerk of the circuit court
24in any county that imposes a fee pursuant to subsection 1 of
25this Section shall charge and collect an additional fee in an
26amount equal to the amount of the fee imposed pursuant to

HB5089- 207 -LRB100 18322 RJF 33527 b
1subsection 1 of this Section, except the fee imposed under this
2subsection may not be more than $15. This additional fee shall
3be paid by the defendant upon a judgment of guilty or grant of
4supervision for a violation under the State Parks Act, the
5Recreational Trails of Illinois Act, the Illinois Explosives
6Act, the Timber Buyers Licensing Act, the Forest Products
7Transportation Act, the Firearm Owners Identification Card
8Act, the Environmental Protection Act, the Fish and Aquatic
9Life Code, the Wildlife Code, the Cave Protection Act, the
10Illinois Exotic Weed Act, the Illinois Forestry Development
11Act, the Ginseng Harvesting Act, the Illinois Lake Management
12Program Act, the Illinois Natural Areas Preservation Act, the
13Illinois Open Land Trust Act, the Open Space Lands Acquisition
14and Development Act, the Illinois Prescribed Burning Act, the
15State Forest Act, the Water Use Act of 1983, the Illinois
16Veteran, Youth, and Young Adult Conservation Jobs Act, the
17Snowmobile Registration and Safety Act, the Boat Registration
18and Safety Act, the Illinois Dangerous Animals Act, the Hunter
19and Fishermen Interference Prohibition Act, the Wrongful Tree
20Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
2111-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
22the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
23Criminal Code of 2012.
24 1.7. Starting on the 30th day after the effective date of
25this amendatory Act of the 99th General Assembly, a clerk of
26the circuit court in any county that imposes a fee pursuant to

HB5089- 208 -LRB100 18322 RJF 33527 b
1subsection 1 of this Section shall also charge and collect an
2additional $9 e-business fee. The fee shall be paid at the time
3of filing the first pleading, paper, or other appearance filed
4by each party in all civil cases, except no additional fee
5shall be required if more than one party is presented in a
6single pleading, paper, or other appearance. The fee shall be
7collected in the manner in which all other fees or costs are
8collected. The fee shall be in addition to all other fees and
9charges of the clerk, and assessable as costs, and may be
10waived only if the judge specifically provides for the waiver
11of the e-business fee. The fee shall not be charged in any
12matter coming to the clerk on a change of venue, nor in any
13proceeding to review the decision of any administrative
14officer, agency, or body.
15 2. With respect to the fee imposed under subsection 1 of
16this Section, each clerk shall commence such charges and
17collections upon receipt of written notice from the chairman of
18the county board together with a certified copy of the board's
19resolution, which the clerk shall file of record in his office.
20 3. With respect to the fee imposed under subsection 1 of
21this Section, such fees shall be in addition to all other fees
22and charges of such clerks, and assessable as costs, and may be
23waived only if the judge specifically provides for the waiver
24of the court automation fee. The fees shall be remitted monthly
25by such clerk to the county treasurer, to be retained by him in
26a special fund designated as the court automation fund. The

HB5089- 209 -LRB100 18322 RJF 33527 b
1fund shall be audited by the county auditor, and the board
2shall make expenditure from the fund in payment of any cost
3related to the automation of court records, including hardware,
4software, research and development costs and personnel related
5thereto, provided that the expenditure is approved by the clerk
6of the court and by the chief judge of the circuit court or his
7designate.
8 4. With respect to the fee imposed under subsection 1 of
9this Section, such fees shall not be charged in any matter
10coming to any such clerk on change of venue, nor in any
11proceeding to review the decision of any administrative
12officer, agency or body.
13 5. With respect to the additional fee imposed under
14subsection 1.5 of this Section, the fee shall be remitted by
15the circuit clerk to the State Treasurer within one month after
16receipt for deposit into the State Police Operations Assistance
17Fund.
18 6. With respect to the additional fees imposed under
19subsection 1.5 of this Section, the Superintendent Director of
20State Police may direct the use of these fees for homeland
21security purposes by transferring these fees on a quarterly
22basis from the State Police Operations Assistance Fund into the
23Illinois Law Enforcement Alarm Systems (ILEAS) Fund for
24homeland security initiatives programs. The transferred fees
25shall be allocated, subject to the approval of the ILEAS
26Executive Board, as follows: (i) 66.6% shall be used for

HB5089- 210 -LRB100 18322 RJF 33527 b
1homeland security initiatives and (ii) 33.3% shall be used for
2airborne operations. The ILEAS Executive Board shall annually
3supply the Superintendent Director of State Police with a
4report of the use of these fees.
5 7. With respect to the additional fee imposed under
6subsection 1.6 of this Section, the fee shall be remitted by
7the circuit clerk to the State Treasurer within one month after
8receipt for deposit into the Conservation Police Operations
9Assistance Fund.
10 8. With respect to the fee imposed under subsection 1.7 of
11this Section, the clerk shall remit the fee to the State
12Treasurer within one month after receipt for deposit into the
13Supreme Court Special Purposes Fund. Unless otherwise
14authorized by this Act, the moneys deposited into the Supreme
15Court Special Purposes Fund under this subsection are not
16subject to administrative charges or chargebacks under Section
1720 of the State Treasurer Act.
18(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14;
1998-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)
20 Section 195. The Juvenile Court Act of 1987 is amended by
21changing Sections 1-3 and 5-105 as follows:
22 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
23 Sec. 1-3. Definitions. Terms used in this Act, unless the
24context otherwise requires, have the following meanings

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1ascribed to them:
2 (1) "Adjudicatory hearing" means a hearing to determine
3whether the allegations of a petition under Section 2-13, 3-15
4or 4-12 that a minor under 18 years of age is abused, neglected
5or dependent, or requires authoritative intervention, or
6addicted, respectively, are supported by a preponderance of the
7evidence or whether the allegations of a petition under Section
85-520 that a minor is delinquent are proved beyond a reasonable
9doubt.
10 (2) "Adult" means a person 21 years of age or older.
11 (3) "Agency" means a public or private child care facility
12legally authorized or licensed by this State for placement or
13institutional care or for both placement and institutional
14care.
15 (4) "Association" means any organization, public or
16private, engaged in welfare functions which include services to
17or on behalf of children but does not include "agency" as
18herein defined.
19 (4.05) Whenever a "best interest" determination is
20required, the following factors shall be considered in the
21context of the child's age and developmental needs:
22 (a) the physical safety and welfare of the child,
23 including food, shelter, health, and clothing;
24 (b) the development of the child's identity;
25 (c) the child's background and ties, including
26 familial, cultural, and religious;

HB5089- 212 -LRB100 18322 RJF 33527 b
1 (d) the child's sense of attachments, including:
2 (i) where the child actually feels love,
3 attachment, and a sense of being valued (as opposed to
4 where adults believe the child should feel such love,
5 attachment, and a sense of being valued);
6 (ii) the child's sense of security;
7 (iii) the child's sense of familiarity;
8 (iv) continuity of affection for the child;
9 (v) the least disruptive placement alternative for
10 the child;
11 (e) the child's wishes and long-term goals;
12 (f) the child's community ties, including church,
13 school, and friends;
14 (g) the child's need for permanence which includes the
15 child's need for stability and continuity of relationships
16 with parent figures and with siblings and other relatives;
17 (h) the uniqueness of every family and child;
18 (i) the risks attendant to entering and being in
19 substitute care; and
20 (j) the preferences of the persons available to care
21 for the child.
22 (4.1) "Chronic truant" shall have the definition ascribed
23to it in Section 26-2a of the School Code.
24 (5) "Court" means the circuit court in a session or
25division assigned to hear proceedings under this Act.
26 (6) "Dispositional hearing" means a hearing to determine

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1whether a minor should be adjudged to be a ward of the court,
2and to determine what order of disposition should be made in
3respect to a minor adjudged to be a ward of the court.
4 (7) "Emancipated minor" means any minor 16 years of age or
5over who has been completely or partially emancipated under the
6Emancipation of Minors Act or under this Act.
7 (7.05) "Foster parent" includes a relative caregiver
8selected by the Department of Children and Family Services to
9provide care for the minor.
10 (8) "Guardianship of the person" of a minor means the duty
11and authority to act in the best interests of the minor,
12subject to residual parental rights and responsibilities, to
13make important decisions in matters having a permanent effect
14on the life and development of the minor and to be concerned
15with his or her general welfare. It includes but is not
16necessarily limited to:
17 (a) the authority to consent to marriage, to enlistment
18 in the armed forces of the United States, or to a major
19 medical, psychiatric, and surgical treatment; to represent
20 the minor in legal actions; and to make other decisions of
21 substantial legal significance concerning the minor;
22 (b) the authority and duty of reasonable visitation,
23 except to the extent that these have been limited in the
24 best interests of the minor by court order;
25 (c) the rights and responsibilities of legal custody
26 except where legal custody has been vested in another

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1 person or agency; and
2 (d) the power to consent to the adoption of the minor,
3 but only if expressly conferred on the guardian in
4 accordance with Section 2-29, 3-30, or 4-27.
5 (9) "Legal custody" means the relationship created by an
6order of court in the best interests of the minor which imposes
7on the custodian the responsibility of physical possession of a
8minor and the duty to protect, train and discipline him and to
9provide him with food, shelter, education and ordinary medical
10care, except as these are limited by residual parental rights
11and responsibilities and the rights and responsibilities of the
12guardian of the person, if any.
13 (9.1) "Mentally capable adult relative" means a person 21
14years of age or older who is not suffering from a mental
15illness that prevents him or her from providing the care
16necessary to safeguard the physical safety and welfare of a
17minor who is left in that person's care by the parent or
18parents or other person responsible for the minor's welfare.
19 (10) "Minor" means a person under the age of 21 years
20subject to this Act.
21 (11) "Parent" means a father or mother of a child and
22includes any adoptive parent. It also includes a person (i)
23whose parentage is presumed or has been established under the
24law of this or another jurisdiction or (ii) who has registered
25with the Putative Father Registry in accordance with Section
2612.1 of the Adoption Act and whose paternity has not been ruled

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1out under the law of this or another jurisdiction. It does not
2include a parent whose rights in respect to the minor have been
3terminated in any manner provided by law. It does not include a
4person who has been or could be determined to be a parent under
5the Illinois Parentage Act of 1984 or the Illinois Parentage
6Act of 2015, or similar parentage law in any other state, if
7that person has been convicted of or pled nolo contendere to a
8crime that resulted in the conception of the child under
9Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
1012-14.1, subsection (a) or (b) (but not subsection (c)) of
11Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
12(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
13Criminal Code of 1961 or the Criminal Code of 2012, or similar
14statute in another jurisdiction unless upon motion of any
15party, other than the offender, to the juvenile court
16proceedings the court finds it is in the child's best interest
17to deem the offender a parent for purposes of the juvenile
18court proceedings.
19 (11.1) "Permanency goal" means a goal set by the court as
20defined in subdivision (2) of Section 2-28.
21 (11.2) "Permanency hearing" means a hearing to set the
22permanency goal and to review and determine (i) the
23appropriateness of the services contained in the plan and
24whether those services have been provided, (ii) whether
25reasonable efforts have been made by all the parties to the
26service plan to achieve the goal, and (iii) whether the plan

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1and goal have been achieved.
2 (12) "Petition" means the petition provided for in Section
32-13, 3-15, 4-12 or 5-520, including any supplemental petitions
4thereunder in Section 3-15, 4-12 or 5-520.
5 (12.1) "Physically capable adult relative" means a person
621 years of age or older who does not have a severe physical
7disability or medical condition, or is not suffering from
8alcoholism or drug addiction, that prevents him or her from
9providing the care necessary to safeguard the physical safety
10and welfare of a minor who is left in that person's care by the
11parent or parents or other person responsible for the minor's
12welfare.
13 (12.2) "Post Permanency Sibling Contact Agreement" has the
14meaning ascribed to the term in Section 7.4 of the Children and
15Family Services Act.
16 (12.3) "Residential treatment center" means a licensed
17setting that provides 24-hour 24 hour care to children in a
18group home or institution, including a facility licensed as a
19child care institution under Section 2.06 of the Child Care Act
20of 1969, a licensed group home under Section 2.16 of the Child
21Care Act of 1969, a secure child care facility as defined in
22paragraph (18) of this Section, or any similar facility in
23another state. "Residential treatment center" does not include
24a relative foster home or a licensed foster family home.
25 (13) "Residual parental rights and responsibilities" means
26those rights and responsibilities remaining with the parent

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1after the transfer of legal custody or guardianship of the
2person, including, but not necessarily limited to, the right to
3reasonable visitation (which may be limited by the court in the
4best interests of the minor as provided in subsection (8)(b) of
5this Section), the right to consent to adoption, the right to
6determine the minor's religious affiliation, and the
7responsibility for his support.
8 (14) "Shelter" means the temporary care of a minor in
9physically unrestricting facilities pending court disposition
10or execution of court order for placement.
11 (14.05) "Shelter placement" means a temporary or emergency
12placement for a minor, including an emergency foster home
13placement.
14 (14.1) "Sibling Contact Support Plan" has the meaning
15ascribed to the term in Section 7.4 of the Children and Family
16Services Act.
17 (15) "Station adjustment" means the informal handling of an
18alleged offender by a juvenile police officer.
19 (16) "Ward of the court" means a minor who is so adjudged
20under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
21requisite jurisdictional facts, and thus is subject to the
22dispositional powers of the court under this Act.
23 (17) "Juvenile police officer" means a sworn police officer
24who has completed a Basic Recruit Training Course, has been
25assigned to the position of juvenile police officer by his or
26her chief law enforcement officer and has completed the

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1necessary juvenile officers training as prescribed by the
2Illinois Law Enforcement Training Standards Board, or in the
3case of a State police officer, juvenile officer training
4approved by the Superintendent Director of the Department of
5State Police.
6 (18) "Secure child care facility" means any child care
7facility licensed by the Department of Children and Family
8Services to provide secure living arrangements for children
9under 18 years of age who are subject to placement in
10facilities under the Children and Family Services Act and who
11are not subject to placement in facilities for whom standards
12are established by the Department of Corrections under Section
133-15-2 of the Unified Code of Corrections. "Secure child care
14facility" also means a facility that is designed and operated
15to ensure that all entrances and exits from the facility, a
16building, or a distinct part of the building are under the
17exclusive control of the staff of the facility, whether or not
18the child has the freedom of movement within the perimeter of
19the facility, building, or distinct part of the building.
20(Source: P.A. 99-85, eff. 1-1-16; 100-136, eff. 8-8-17;
21100-229, eff. 1-1-18; revised 10-10-17.)
22 (705 ILCS 405/5-105)
23 Sec. 5-105. Definitions. As used in this Article:
24 (1) "Aftercare release" means the conditional and
25 revocable release of an adjudicated delinquent juvenile

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1 committed to the Department of Juvenile Justice under the
2 supervision of the Department of Juvenile Justice.
3 (1.5) "Court" means the circuit court in a session or
4 division assigned to hear proceedings under this Act, and
5 includes the term Juvenile Court.
6 (2) "Community service" means uncompensated labor for
7 a community service agency as hereinafter defined.
8 (2.5) "Community service agency" means a
9 not-for-profit organization, community organization,
10 church, charitable organization, individual, public
11 office, or other public body whose purpose is to enhance
12 the physical or mental health of a delinquent minor or to
13 rehabilitate the minor, or to improve the environmental
14 quality or social welfare of the community which agrees to
15 accept community service from juvenile delinquents and to
16 report on the progress of the community service to the
17 State's Attorney pursuant to an agreement or to the court
18 or to any agency designated by the court or to the
19 authorized diversion program that has referred the
20 delinquent minor for community service.
21 (3) "Delinquent minor" means any minor who prior to his
22 or her 18th birthday has violated or attempted to violate,
23 regardless of where the act occurred, any federal, State,
24 county or municipal law or ordinance.
25 (4) "Department" means the Department of Human
26 Services unless specifically referenced as another

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1 department.
2 (5) "Detention" means the temporary care of a minor who
3 is alleged to be or has been adjudicated delinquent and who
4 requires secure custody for the minor's own protection or
5 the community's protection in a facility designed to
6 physically restrict the minor's movements, pending
7 disposition by the court or execution of an order of the
8 court for placement or commitment. Design features that
9 physically restrict movement include, but are not limited
10 to, locked rooms and the secure handcuffing of a minor to a
11 rail or other stationary object. In addition, "detention"
12 includes the court ordered care of an alleged or
13 adjudicated delinquent minor who requires secure custody
14 pursuant to Section 5-125 of this Act.
15 (6) "Diversion" means the referral of a juvenile,
16 without court intervention, into a program that provides
17 services designed to educate the juvenile and develop a
18 productive and responsible approach to living in the
19 community.
20 (7) "Juvenile detention home" means a public facility
21 with specially trained staff that conforms to the county
22 juvenile detention standards adopted by the Department of
23 Juvenile Justice.
24 (8) "Juvenile justice continuum" means a set of
25 delinquency prevention programs and services designed for
26 the purpose of preventing or reducing delinquent acts,

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1 including criminal activity by youth gangs, as well as
2 intervention, rehabilitation, and prevention services
3 targeted at minors who have committed delinquent acts, and
4 minors who have previously been committed to residential
5 treatment programs for delinquents. The term includes
6 children-in-need-of-services and
7 families-in-need-of-services programs; aftercare and
8 reentry services; substance abuse and mental health
9 programs; community service programs; community service
10 work programs; and alternative-dispute resolution programs
11 serving youth-at-risk of delinquency and their families,
12 whether offered or delivered by State or local governmental
13 entities, public or private for-profit or not-for-profit
14 organizations, or religious or charitable organizations.
15 This term would also encompass any program or service
16 consistent with the purpose of those programs and services
17 enumerated in this subsection.
18 (9) "Juvenile police officer" means a sworn police
19 officer who has completed a Basic Recruit Training Course,
20 has been assigned to the position of juvenile police
21 officer by his or her chief law enforcement officer and has
22 completed the necessary juvenile officers training as
23 prescribed by the Illinois Law Enforcement Training
24 Standards Board, or in the case of a State police officer,
25 juvenile officer training approved by the Superintendent
26 Director of State Police.

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1 (10) "Minor" means a person under the age of 21 years
2 subject to this Act.
3 (11) "Non-secure custody" means confinement where the
4 minor is not physically restricted by being placed in a
5 locked cell or room, by being handcuffed to a rail or other
6 stationary object, or by other means. Non-secure custody
7 may include, but is not limited to, electronic monitoring,
8 foster home placement, home confinement, group home
9 placement, or physical restriction of movement or activity
10 solely through facility staff.
11 (12) "Public or community service" means uncompensated
12 labor for a not-for-profit organization or public body
13 whose purpose is to enhance physical or mental stability of
14 the offender, environmental quality or the social welfare
15 and which agrees to accept public or community service from
16 offenders and to report on the progress of the offender and
17 the public or community service to the court or to the
18 authorized diversion program that has referred the
19 offender for public or community service. "Public or
20 community service" does not include blood donation or
21 assignment to labor at a blood bank. For the purposes of
22 this Act, "blood bank" has the meaning ascribed to the term
23 in Section 2-124 of the Illinois Clinical Laboratory and
24 Blood Bank Act.
25 (13) "Sentencing hearing" means a hearing to determine
26 whether a minor should be adjudged a ward of the court, and

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1 to determine what sentence should be imposed on the minor.
2 It is the intent of the General Assembly that the term
3 "sentencing hearing" replace the term "dispositional
4 hearing" and be synonymous with that definition as it was
5 used in the Juvenile Court Act of 1987.
6 (14) "Shelter" means the temporary care of a minor in
7 physically unrestricting facilities pending court
8 disposition or execution of court order for placement.
9 (15) "Site" means a not-for-profit organization,
10 public body, church, charitable organization, or
11 individual agreeing to accept community service from
12 offenders and to report on the progress of ordered or
13 required public or community service to the court or to the
14 authorized diversion program that has referred the
15 offender for public or community service.
16 (16) "Station adjustment" means the informal or formal
17 handling of an alleged offender by a juvenile police
18 officer.
19 (17) "Trial" means a hearing to determine whether the
20 allegations of a petition under Section 5-520 that a minor
21 is delinquent are proved beyond a reasonable doubt. It is
22 the intent of the General Assembly that the term "trial"
23 replace the term "adjudicatory hearing" and be synonymous
24 with that definition as it was used in the Juvenile Court
25 Act of 1987.
26 The changes made to this Section by Public Act 98-61 apply

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1to violations or attempted violations committed on or after
2January 1, 2014 (the effective date of Public Act 98-61).
3(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685,
4eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78,
5eff. 7-20-15.)
6 Section 200. The Criminal Code of 2012 is amended by
7changing Sections 14-3, 17-6.3, 24-1.1, 29B-1, 36-1.1, 36-1.3,
836-2.2, and 36-7 as follows:
9 (720 ILCS 5/14-3)
10 Sec. 14-3. Exemptions. The following activities shall be
11exempt from the provisions of this Article:
12 (a) Listening to radio, wireless electronic
13communications, and television communications of any sort
14where the same are publicly made;
15 (b) Hearing conversation when heard by employees of any
16common carrier by wire incidental to the normal course of their
17employment in the operation, maintenance or repair of the
18equipment of such common carrier by wire so long as no
19information obtained thereby is used or divulged by the hearer;
20 (c) Any broadcast by radio, television or otherwise whether
21it be a broadcast or recorded for the purpose of later
22broadcasts of any function where the public is in attendance
23and the conversations are overheard incidental to the main
24purpose for which such broadcasts are then being made;

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1 (d) Recording or listening with the aid of any device to
2any emergency communication made in the normal course of
3operations by any federal, state or local law enforcement
4agency or institutions dealing in emergency services,
5including, but not limited to, hospitals, clinics, ambulance
6services, fire fighting agencies, any public utility,
7emergency repair facility, civilian defense establishment or
8military installation;
9 (e) Recording the proceedings of any meeting required to be
10open by the Open Meetings Act, as amended;
11 (f) Recording or listening with the aid of any device to
12incoming telephone calls of phone lines publicly listed or
13advertised as consumer "hotlines" by manufacturers or
14retailers of food and drug products. Such recordings must be
15destroyed, erased or turned over to local law enforcement
16authorities within 24 hours from the time of such recording and
17shall not be otherwise disseminated. Failure on the part of the
18individual or business operating any such recording or
19listening device to comply with the requirements of this
20subsection shall eliminate any civil or criminal immunity
21conferred upon that individual or business by the operation of
22this Section;
23 (g) With prior notification to the State's Attorney of the
24county in which it is to occur, recording or listening with the
25aid of any device to any conversation where a law enforcement
26officer, or any person acting at the direction of law

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1enforcement, is a party to the conversation and has consented
2to it being intercepted or recorded under circumstances where
3the use of the device is necessary for the protection of the
4law enforcement officer or any person acting at the direction
5of law enforcement, in the course of an investigation of a
6forcible felony, a felony offense of involuntary servitude,
7involuntary sexual servitude of a minor, or trafficking in
8persons under Section 10-9 of this Code, an offense involving
9prostitution, solicitation of a sexual act, or pandering, a
10felony violation of the Illinois Controlled Substances Act, a
11felony violation of the Cannabis Control Act, a felony
12violation of the Methamphetamine Control and Community
13Protection Act, any "streetgang related" or "gang-related"
14felony as those terms are defined in the Illinois Streetgang
15Terrorism Omnibus Prevention Act, or any felony offense
16involving any weapon listed in paragraphs (1) through (11) of
17subsection (a) of Section 24-1 of this Code. Any recording or
18evidence derived as the result of this exemption shall be
19inadmissible in any proceeding, criminal, civil or
20administrative, except (i) where a party to the conversation
21suffers great bodily injury or is killed during such
22conversation, or (ii) when used as direct impeachment of a
23witness concerning matters contained in the interception or
24recording. The Superintendent Director of the Department of
25State Police shall issue regulations as are necessary
26concerning the use of devices, retention of tape recordings,

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1and reports regarding their use;
2 (g-5) (Blank);
3 (g-6) With approval of the State's Attorney of the county
4in which it is to occur, recording or listening with the aid of
5any device to any conversation where a law enforcement officer,
6or any person acting at the direction of law enforcement, is a
7party to the conversation and has consented to it being
8intercepted or recorded in the course of an investigation of
9child pornography, aggravated child pornography, indecent
10solicitation of a child, luring of a minor, sexual exploitation
11of a child, aggravated criminal sexual abuse in which the
12victim of the offense was at the time of the commission of the
13offense under 18 years of age, or criminal sexual abuse by
14force or threat of force in which the victim of the offense was
15at the time of the commission of the offense under 18 years of
16age. In all such cases, an application for an order approving
17the previous or continuing use of an eavesdropping device must
18be made within 48 hours of the commencement of such use. In the
19absence of such an order, or upon its denial, any continuing
20use shall immediately terminate. The Superintendent Director
21of State Police shall issue rules as are necessary concerning
22the use of devices, retention of recordings, and reports
23regarding their use. Any recording or evidence obtained or
24derived in the course of an investigation of child pornography,
25aggravated child pornography, indecent solicitation of a
26child, luring of a minor, sexual exploitation of a child,

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1aggravated criminal sexual abuse in which the victim of the
2offense was at the time of the commission of the offense under
318 years of age, or criminal sexual abuse by force or threat of
4force in which the victim of the offense was at the time of the
5commission of the offense under 18 years of age shall, upon
6motion of the State's Attorney or Attorney General prosecuting
7any case involving child pornography, aggravated child
8pornography, indecent solicitation of a child, luring of a
9minor, sexual exploitation of a child, aggravated criminal
10sexual abuse in which the victim of the offense was at the time
11of the commission of the offense under 18 years of age, or
12criminal sexual abuse by force or threat of force in which the
13victim of the offense was at the time of the commission of the
14offense under 18 years of age be reviewed in camera with notice
15to all parties present by the court presiding over the criminal
16case, and, if ruled by the court to be relevant and otherwise
17admissible, it shall be admissible at the trial of the criminal
18case. Absent such a ruling, any such recording or evidence
19shall not be admissible at the trial of the criminal case;
20 (h) Recordings made simultaneously with the use of an
21in-car video camera recording of an oral conversation between a
22uniformed peace officer, who has identified his or her office,
23and a person in the presence of the peace officer whenever (i)
24an officer assigned a patrol vehicle is conducting an
25enforcement stop; or (ii) patrol vehicle emergency lights are
26activated or would otherwise be activated if not for the need

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1to conceal the presence of law enforcement.
2 For the purposes of this subsection (h), "enforcement stop"
3means an action by a law enforcement officer in relation to
4enforcement and investigation duties, including but not
5limited to, traffic stops, pedestrian stops, abandoned vehicle
6contacts, motorist assists, commercial motor vehicle stops,
7roadside safety checks, requests for identification, or
8responses to requests for emergency assistance;
9 (h-5) Recordings of utterances made by a person while in
10the presence of a uniformed peace officer and while an occupant
11of a police vehicle including, but not limited to, (i)
12recordings made simultaneously with the use of an in-car video
13camera and (ii) recordings made in the presence of the peace
14officer utilizing video or audio systems, or both, authorized
15by the law enforcement agency;
16 (h-10) Recordings made simultaneously with a video camera
17recording during the use of a taser or similar weapon or device
18by a peace officer if the weapon or device is equipped with
19such camera;
20 (h-15) Recordings made under subsection (h), (h-5), or
21(h-10) shall be retained by the law enforcement agency that
22employs the peace officer who made the recordings for a storage
23period of 90 days, unless the recordings are made as a part of
24an arrest or the recordings are deemed evidence in any
25criminal, civil, or administrative proceeding and then the
26recordings must only be destroyed upon a final disposition and

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1an order from the court. Under no circumstances shall any
2recording be altered or erased prior to the expiration of the
3designated storage period. Upon completion of the storage
4period, the recording medium may be erased and reissued for
5operational use;
6 (i) Recording of a conversation made by or at the request
7of a person, not a law enforcement officer or agent of a law
8enforcement officer, who is a party to the conversation, under
9reasonable suspicion that another party to the conversation is
10committing, is about to commit, or has committed a criminal
11offense against the person or a member of his or her immediate
12household, and there is reason to believe that evidence of the
13criminal offense may be obtained by the recording;