Bill Text: IL SB4025 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012. Changes the provisions concerning violation of bail bond to violations of pretrial release. Establishes penalties for violation of the conditions of pretrial release. Amends the Code of Criminal Procedure of 1963. Provides that on and after the effective date of the amendatory Act, the requirement of posting monetary bail is abolished, except as provided in the Uniform Criminal Extradition Act, the Driver License Compact, or the Nonresident Violator Compact. Provides that it is presumed that a defendant is entitled to release on personal recognizance on the condition that the defendant attend all required court proceedings and the defendant does not commit any criminal offense, and complies with all terms of pretrial release, including, but not limited to, orders of protection. Provides that additional conditions of release shall be set only when it is determined that they are necessary to assure the defendant's appearance in court, assure the defendant does not commit any criminal offense, and complies with all conditions of pretrial release. Provides that detention only shall be imposed when it is determined that the defendant poses a danger to a specific, identifiable person or persons, or has a high likelihood of willful flight. Amends various other Acts to make conforming changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB4025 Detail]
Download: Illinois-2019-SB4025-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as the Pretrial | ||||||||||||||||||||||||
5 | Fairness Act.
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6 | Section 5. The Statute on Statutes is amended by adding | ||||||||||||||||||||||||
7 | Section 1.43 as follows:
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8 | (5 ILCS 70/1.43 new) | ||||||||||||||||||||||||
9 | Sec. 1.43. Reference to bail, bail bond, or conditions of | ||||||||||||||||||||||||
10 | bail. Whenever there is a reference in any Act to "bail", "bail | ||||||||||||||||||||||||
11 | bond", or "conditions of bail", these terms shall be construed | ||||||||||||||||||||||||
12 | as "pretrial release" or "conditions of "pretrial release".
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13 | Section 10. The Freedom of Information Act is amended by | ||||||||||||||||||||||||
14 | changing Section 2.15 as follows:
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15 | (5 ILCS 140/2.15) | ||||||||||||||||||||||||
16 | Sec. 2.15. Arrest reports and criminal history records. | ||||||||||||||||||||||||
17 | (a) Arrest reports. The following chronologically | ||||||||||||||||||||||||
18 | maintained arrest and criminal history information maintained | ||||||||||||||||||||||||
19 | by State or local criminal justice agencies shall be furnished | ||||||||||||||||||||||||
20 | as soon as practical, but in no event later than 72 hours after |
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1 | the arrest, notwithstanding the time limits otherwise provided | ||||||
2 | for in Section 3 of this Act: (i) information that identifies | ||||||
3 | the individual, including the name, age, address, and | ||||||
4 | photograph, when and if available; (ii) information detailing | ||||||
5 | any charges relating to the arrest; (iii) the time and location | ||||||
6 | of the arrest; (iv) the name of the investigating or arresting | ||||||
7 | law enforcement agency; (v) if the individual is incarcerated, | ||||||
8 | the conditions of pretrial release amount of any bail or bond ; | ||||||
9 | and (vi) if the individual is incarcerated, the time and date | ||||||
10 | that the individual was received into, discharged from, or | ||||||
11 | transferred from the arresting agency's custody. | ||||||
12 | (b) Criminal history records. The following documents | ||||||
13 | maintained by a public body pertaining to
criminal history | ||||||
14 | record information are public records subject to inspection and | ||||||
15 | copying by the
public pursuant to this Act: (i) court records | ||||||
16 | that are public; (ii) records that are otherwise
available | ||||||
17 | under State or local law; and (iii) records in which the | ||||||
18 | requesting party is the individual
identified, except as | ||||||
19 | provided under Section 7(1)(d)(vi). | ||||||
20 | (c) Information described in items (iii) through (vi) of | ||||||
21 | subsection (a) may be withheld if it is
determined that | ||||||
22 | disclosure would: (i) interfere with pending or actually and | ||||||
23 | reasonably contemplated law enforcement proceedings conducted | ||||||
24 | by any law enforcement agency; (ii) endanger the life or | ||||||
25 | physical safety of law enforcement or correctional personnel or | ||||||
26 | any other person; or (iii) compromise the security of any |
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1 | correctional facility. | ||||||
2 | (d) The provisions of this Section do not supersede the | ||||||
3 | confidentiality provisions for law enforcement or arrest | ||||||
4 | records of the Juvenile Court Act of 1987.
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5 | (e) Notwithstanding the requirements of subsection (a), a | ||||||
6 | law enforcement agency may not publish booking photographs, | ||||||
7 | commonly known as "mugshots", on its social networking website | ||||||
8 | in connection with civil offenses, petty offenses, business | ||||||
9 | offenses, Class C misdemeanors, and Class B misdemeanors unless | ||||||
10 | the booking photograph is posted to the social networking | ||||||
11 | website to assist in the search for a missing person or to | ||||||
12 | assist in the search for a fugitive, person of interest, or | ||||||
13 | individual wanted in relation to a crime other than a petty | ||||||
14 | offense, business offense, Class C misdemeanor, or Class B | ||||||
15 | misdemeanor. As used in this subsection, "social networking | ||||||
16 | website" has the meaning provided in Section 10 of the Right to | ||||||
17 | Privacy in the Workplace Act. | ||||||
18 | (Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
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19 | Section 15. The State Records Act is amended by changing | ||||||
20 | Section 4a as follows:
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21 | (5 ILCS 160/4a)
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22 | Sec. 4a. Arrest records and reports.
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23 | (a) When an individual is arrested, the following | ||||||
24 | information must
be made available to the news media for |
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1 | inspection and copying:
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2 | (1) Information that identifies the individual,
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3 | including the name, age, address, and photograph, when and | ||||||
4 | if available.
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5 | (2) Information detailing any charges relating to the | ||||||
6 | arrest.
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7 | (3) The time and location of the arrest.
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8 | (4) The name of the investigating or arresting law | ||||||
9 | enforcement agency.
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10 | (5) If the individual is incarcerated, the conditions | ||||||
11 | of pretrial release amount of any bail
or bond .
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12 | (6) If the individual is incarcerated, the time and | ||||||
13 | date that the
individual was received, discharged, or | ||||||
14 | transferred from the arresting
agency's custody.
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15 | (b) The information required by this Section must be made | ||||||
16 | available to the
news media for inspection and copying as soon | ||||||
17 | as practicable, but in no event
shall the time period exceed 72 | ||||||
18 | hours from the arrest. The information
described in paragraphs | ||||||
19 | (3), (4), (5), and (6) of
subsection (a), however, may be | ||||||
20 | withheld if it is determined that disclosure
would:
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21 | (1) interfere with pending or actually and reasonably | ||||||
22 | contemplated law
enforcement proceedings conducted by any | ||||||
23 | law enforcement or correctional
agency;
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24 | (2) endanger the life or physical safety of law | ||||||
25 | enforcement or
correctional personnel or any other person; | ||||||
26 | or
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1 | (3) compromise the security of any correctional | ||||||
2 | facility.
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3 | (c) For the purposes of this Section, the term "news media" | ||||||
4 | means personnel
of a newspaper or other periodical issued at | ||||||
5 | regular intervals whether in
print or electronic format, a news | ||||||
6 | service whether in print or electronic
format, a radio station, | ||||||
7 | a television station, a television network, a
community antenna | ||||||
8 | television service, or a person or corporation engaged in
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9 | making news reels or other motion picture news for public | ||||||
10 | showing.
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11 | (d) Each law enforcement or correctional agency may charge | ||||||
12 | fees for arrest
records, but in no instance may the fee exceed | ||||||
13 | the actual cost of copying and
reproduction. The fees may not | ||||||
14 | include the cost of the labor used to reproduce
the arrest | ||||||
15 | record.
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16 | (e) The provisions of this Section do not supersede the | ||||||
17 | confidentiality
provisions for arrest records of the Juvenile | ||||||
18 | Court Act of 1987.
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19 | (f) All information, including photographs, made available | ||||||
20 | under this Section is subject to the provisions of Section 2QQQ | ||||||
21 | of the Consumer Fraud and Deceptive Business Practices Act. | ||||||
22 | (g) Notwithstanding the requirements of subsection (a), a | ||||||
23 | law enforcement agency may not publish booking photographs, | ||||||
24 | commonly known as "mugshots", on its social networking website | ||||||
25 | in connection with civil offenses, petty offenses, business | ||||||
26 | offenses, Class C misdemeanors, and Class B misdemeanors unless |
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1 | the booking photograph is posted to the social networking | ||||||
2 | website to assist in the search for a missing person or to | ||||||
3 | assist in the search for a fugitive, person of interest, or | ||||||
4 | individual wanted in relation to a crime other than a petty | ||||||
5 | offense, business offense, Class C misdemeanor, or Class B | ||||||
6 | misdemeanor. As used in this subsection, "social networking | ||||||
7 | website" has the meaning provided in Section 10 of the Right to | ||||||
8 | Privacy in the Workplace Act. | ||||||
9 | (Source: P.A. 101-433, eff. 8-20-19.)
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10 | Section 20. The Department of State Police Law of the
Civil | ||||||
11 | Administrative Code of Illinois is amended by changing Section | ||||||
12 | 2605-302 as follows:
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13 | (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
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14 | Sec. 2605-302. Arrest reports.
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15 | (a) When an individual is arrested, the
following | ||||||
16 | information must be made available to the news media for | ||||||
17 | inspection
and copying:
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18 | (1) Information that identifies the individual,
| ||||||
19 | including the name, age, address, and photograph, when and | ||||||
20 | if available.
| ||||||
21 | (2) Information detailing any charges relating to the | ||||||
22 | arrest.
| ||||||
23 | (3) The time and location of the arrest.
| ||||||
24 | (4) The name of the investigating or arresting law |
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1 | enforcement
agency.
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2 | (5) If the individual is incarcerated, the conditions | ||||||
3 | of pretrial release amount of any
bail or bond .
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4 | (6) If the individual is incarcerated, the time and | ||||||
5 | date that the
individual was received, discharged, or | ||||||
6 | transferred from the arresting
agency's custody.
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7 | (b) The information required by this Section must be made | ||||||
8 | available to the
news media for inspection and copying as soon | ||||||
9 | as practicable, but in no event
shall the time period exceed 72 | ||||||
10 | hours from the arrest. The information
described in items (3), | ||||||
11 | (4), (5), and (6) of subsection (a),
however, may be withheld | ||||||
12 | if it is determined that disclosure would (i)
interfere with | ||||||
13 | pending or actually and reasonably contemplated law | ||||||
14 | enforcement
proceedings conducted by any law enforcement or | ||||||
15 | correctional agency; (ii)
endanger the life or physical safety | ||||||
16 | of law enforcement or correctional
personnel or any other | ||||||
17 | person; or (iii) compromise the security of any
correctional | ||||||
18 | facility.
| ||||||
19 | (c) For the purposes of this Section, the term "news media" | ||||||
20 | means personnel
of a newspaper or other periodical issued at | ||||||
21 | regular intervals whether in print
or electronic format, a news | ||||||
22 | service whether in print or electronic format, a
radio station, | ||||||
23 | a television station, a television network, a community antenna
| ||||||
24 | television service, or a person or corporation engaged in | ||||||
25 | making news reels or
other motion picture news for public | ||||||
26 | showing.
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1 | (d) Each law enforcement or correctional agency may charge | ||||||
2 | fees
for arrest records, but in no instance may the fee exceed | ||||||
3 | the actual cost of
copying and reproduction. The fees may not | ||||||
4 | include the cost of the labor used
to reproduce the arrest | ||||||
5 | record.
| ||||||
6 | (e) The provisions of this Section do not supersede the | ||||||
7 | confidentiality
provisions for arrest records of the Juvenile | ||||||
8 | Court Act of 1987.
| ||||||
9 | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | ||||||
10 | incorporates 92-335,
eff. 8-10-01; 92-651, eff. 7-11-02.)
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11 | Section 25. The Illinois Criminal Justice Information Act | ||||||
12 | is amended by adding Section 7.7 as follows:
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13 | (20 ILCS 3930/7.7 new) | ||||||
14 | Sec. 7.7. Pretrial data collection. | ||||||
15 | (a) The Executive Director of the Illinois Criminal Justice | ||||||
16 | Information Authority shall convene an oversight board to be | ||||||
17 | known as the Pretrial Practices Data Oversight Board to oversee | ||||||
18 | the collection and analysis of data regarding pretrial | ||||||
19 | practices in circuit court systems. The Board shall include, | ||||||
20 | but is not limited to, designees from the Administrative Office | ||||||
21 | of the Illinois Courts, the Illinois Criminal Justice | ||||||
22 | Information Authority, and other entities that possess a | ||||||
23 | knowledge of pretrial practices and data collection issues. | ||||||
24 | Members of the Board shall serve without compensation. |
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1 | (b) The Oversight Board shall: | ||||||
2 | (1) identify existing data collection processes in | ||||||
3 | various circuit clerk's offices; | ||||||
4 | (2) gather and maintain records of all available | ||||||
5 | pretrial data relating to the topics listed in subsection | ||||||
6 | (c) from circuit clerks' offices; | ||||||
7 | (3) identify resources necessary to systematically | ||||||
8 | collect and report data related to the topics listed in | ||||||
9 | subsections (c) from circuit clerks' offices that are | ||||||
10 | currently not collecting that data; | ||||||
11 | (4) report to the Governor and General Assembly | ||||||
12 | annually on the state of pretrial data collection on the | ||||||
13 | topics listed in subsection (c); and | ||||||
14 | (5) develop a plan to implement data collection | ||||||
15 | processes sufficient to collect data on the topics listed | ||||||
16 | in subsection (c) no later than one year after the | ||||||
17 | effective date of this amendatory Act of the 101st General | ||||||
18 | Assembly. | ||||||
19 | The plan and, once implemented, the reports and analysis | ||||||
20 | shall be published and made publicly available on the Oversight | ||||||
21 | Board's government website. | ||||||
22 | (c) The Pretrial Practices Data Oversight Board shall | ||||||
23 | develop a strategy to collect quarterly, circuit-level data on | ||||||
24 | the following topics; which collection of data shall begin | ||||||
25 | starting one year after the effective date of this amendatory | ||||||
26 | Act of the 101st General Assembly: |
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1 | (1) information on all persons arrested and charged | ||||||
2 | with misdemeanor or felony charges, or both, including | ||||||
3 | information on persons released directly from law | ||||||
4 | enforcement custody; | ||||||
5 | (2) information on the outcomes of pretrial conditions | ||||||
6 | and pretrial detention hearings in the county courts, | ||||||
7 | including but not limited to the number of hearings held, | ||||||
8 | the number of defendants detained, the number of defendants | ||||||
9 | released, and the number of defendants released with | ||||||
10 | electronic monitoring; | ||||||
11 | (3) information regarding persons detained in the | ||||||
12 | county jail pretrial, including, but not limited to, the | ||||||
13 | number of persons detained in the jail pretrial and the | ||||||
14 | number detained in the jail for other reasons, the | ||||||
15 | demographics of the pretrial jail population, including | ||||||
16 | race, sex, age, and ethnicity, the charges on which | ||||||
17 | pretrial defendants are detained, the average length of | ||||||
18 | stay of pretrial defendants; and | ||||||
19 | (4) information regarding persons placed on electronic | ||||||
20 | monitoring programs pretrial, including, but not limited | ||||||
21 | to, the number of participants, the demographics | ||||||
22 | participant population, including race, sex, age, and | ||||||
23 | ethnicity, the charges on which participants are ordered to | ||||||
24 | the program, and the average length of participation in the | ||||||
25 | program; | ||||||
26 | (5) discharge data regarding persons detained pretrial |
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1 | in the county jail, including, but not limited to, the | ||||||
2 | number who are sentenced to the Illinois department of | ||||||
3 | Corrections, the number released after being sentenced to | ||||||
4 | time served, the number who are released on probation, | ||||||
5 | conditional discharge, or other community supervision, the | ||||||
6 | number found not guilty, the number whose cases are | ||||||
7 | dismissed, the number whose cases are dismissed as part of | ||||||
8 | a diversion or deferred prosecution program, and the number | ||||||
9 | who are released pretrial after a hearing re-examining | ||||||
10 | their pretrial detention; | ||||||
11 | (6) information on the pretrial rearrest of | ||||||
12 | individuals released pretrial, including the number | ||||||
13 | arrested and charged with a new misdemeanor offense while | ||||||
14 | released, the number arrested and charged with a new felony | ||||||
15 | offense while released, and the number arrested and charged | ||||||
16 | with a new forcible felony offense while released, and how | ||||||
17 | long after release these arrests occurred; | ||||||
18 | (7) information on the pretrial failure to appear rates | ||||||
19 | of individuals released pretrial, including the number who | ||||||
20 | missed one or more court dates and did not have a warrant | ||||||
21 | issued for their arrest, how many warrants for failures to | ||||||
22 | appear were issued, and how many individuals were detained | ||||||
23 | pretrial or placed on electronic monitoring pretrial after | ||||||
24 | a failure to appear in court; | ||||||
25 | (8) what, if any, validated risk assessment tools are | ||||||
26 | in use in each jurisdiction, and comparisons of the |
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1 | pretrial release and pretrial detention decisions of | ||||||
2 | judges and the risk assessment scores of individuals; and | ||||||
3 | (9) any other information the Pretrial Practices Data | ||||||
4 | Oversight Board considers important and probative of the | ||||||
5 | effectiveness of pretrial practices in the state of | ||||||
6 | Illinois.
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7 | Section 30. The Local Records Act is amended by changing | ||||||
8 | Section 3b as follows:
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9 | (50 ILCS 205/3b)
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10 | Sec. 3b. Arrest records and reports.
| ||||||
11 | (a) When an individual is arrested, the following | ||||||
12 | information must
be made available to the news media for | ||||||
13 | inspection and copying:
| ||||||
14 | (1) Information that identifies the individual,
| ||||||
15 | including the name, age, address, and photograph, when and | ||||||
16 | if available.
| ||||||
17 | (2) Information detailing any charges relating to the | ||||||
18 | arrest.
| ||||||
19 | (3) The time and location of the arrest.
| ||||||
20 | (4) The name of the investigating or arresting law | ||||||
21 | enforcement agency.
| ||||||
22 | (5) If the individual is incarcerated, the conditions | ||||||
23 | of pretrial release amount of any bail
or bond .
| ||||||
24 | (6) If the individual is incarcerated, the time and |
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| |||||||
1 | date that the
individual was received, discharged, or | ||||||
2 | transferred from the arresting
agency's custody.
| ||||||
3 | (b) The information required by this Section must be made | ||||||
4 | available to the
news media for inspection and copying as soon | ||||||
5 | as practicable, but in no event
shall the time period exceed 72 | ||||||
6 | hours from the arrest. The information
described in paragraphs | ||||||
7 | (3), (4), (5), and (6) of subsection (a), however,
may be | ||||||
8 | withheld if it is determined that disclosure would:
| ||||||
9 | (1) interfere with pending or actually and reasonably | ||||||
10 | contemplated law
enforcement proceedings conducted by any | ||||||
11 | law enforcement or correctional
agency;
| ||||||
12 | (2) endanger the life or physical safety of law | ||||||
13 | enforcement or
correctional personnel or any other person; | ||||||
14 | or
| ||||||
15 | (3) compromise the security of any correctional | ||||||
16 | facility.
| ||||||
17 | (c) For the purposes of this Section the term "news media" | ||||||
18 | means personnel
of a newspaper or other periodical issued at | ||||||
19 | regular intervals whether in
print or electronic format, a news | ||||||
20 | service whether in print or electronic
format,
a radio station, | ||||||
21 | a television station, a television network, a community
antenna | ||||||
22 | television service,
or a person or corporation engaged in | ||||||
23 | making news reels or other motion picture
news for public | ||||||
24 | showing.
| ||||||
25 | (d) Each law enforcement or correctional agency may charge | ||||||
26 | fees for arrest
records, but in no instance may the fee exceed |
| |||||||
| |||||||
1 | the actual cost of copying and
reproduction. The fees may not | ||||||
2 | include the cost of the labor used to reproduce
the arrest | ||||||
3 | record.
| ||||||
4 | (e) The provisions of this Section do not supersede the | ||||||
5 | confidentiality
provisions for arrest records of the Juvenile | ||||||
6 | Court Act of 1987.
| ||||||
7 | (f) All information, including photographs, made available | ||||||
8 | under this Section is subject to the provisions of Section 2QQQ | ||||||
9 | of the Consumer Fraud and Deceptive Business Practices Act. | ||||||
10 | (Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16 .)
| ||||||
11 | Section 35. The Counties Code is amended by changing | ||||||
12 | Sections 4-5001, 4-12001, and 4-12001.1 as follows:
| ||||||
13 | (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
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14 | Sec. 4-5001. Sheriffs; counties of first and second class. | ||||||
15 | The fees of
sheriffs in counties of the first and second class, | ||||||
16 | except when increased
by county ordinance under this Section, | ||||||
17 | shall be as follows:
| ||||||
18 | For serving or attempting to serve summons on each | ||||||
19 | defendant
in each county, $10.
| ||||||
20 | For serving or attempting to serve an order or judgment | ||||||
21 | granting injunctive
relief in each county, $10.
| ||||||
22 | For serving or attempting to serve each garnishee in each | ||||||
23 | county, $10.
| ||||||
24 | For serving or attempting to serve an order for replevin in |
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1 | each county,
$10.
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2 | For serving or attempting to serve an order for attachment | ||||||
3 | on each
defendant in each county, $10.
| ||||||
4 | For serving or attempting to serve a warrant of arrest, $8, | ||||||
5 | to be paid
upon conviction.
| ||||||
6 | For returning a defendant from outside the State of | ||||||
7 | Illinois, upon
conviction, the court shall assess, as court | ||||||
8 | costs, the cost of returning a
defendant to the jurisdiction.
| ||||||
9 | For taking special bail, $1 in each county.
| ||||||
10 | For serving or attempting to serve a subpoena on each
| ||||||
11 | witness, in each county, $10.
| ||||||
12 | For advertising property for sale, $5.
| ||||||
13 | For returning each process, in each county, $5.
| ||||||
14 | Mileage for each mile of necessary travel to serve any such
| ||||||
15 | process as Stated above, calculating from the place of holding | ||||||
16 | court to
the place of residence of the defendant, or witness, | ||||||
17 | 50¢ each way.
| ||||||
18 | For summoning each juror, $3 with 30¢ mileage each way in | ||||||
19 | all counties.
| ||||||
20 | For serving or attempting to serve notice of judgments or | ||||||
21 | levying to
enforce a judgment, $3 with 50¢ mileage each way in | ||||||
22 | all counties.
| ||||||
23 | For taking possession of and removing property levied on, | ||||||
24 | the officer
shall be allowed to tax the actual cost of such | ||||||
25 | possession or removal.
| ||||||
26 | For feeding each prisoner, such compensation to cover the |
| |||||||
| |||||||
1 | actual cost
as may be fixed by the county board, but such | ||||||
2 | compensation shall not be
considered a part of the fees of the | ||||||
3 | office.
| ||||||
4 | For attending before a court with prisoner, on an order for | ||||||
5 | habeas
corpus, in each county, $10 per day.
| ||||||
6 | For attending before a court with a prisoner in any | ||||||
7 | criminal
proceeding, in each county, $10 per day.
| ||||||
8 | For each mile of necessary travel in taking such prisoner | ||||||
9 | before the
court as stated above, 15¢ a mile each way.
| ||||||
10 | For serving or attempting to serve an order or judgment for | ||||||
11 | the
possession of real estate in an action of ejectment or in | ||||||
12 | any other action,
or for restitution in an eviction action | ||||||
13 | without aid,
$10 and when aid is necessary, the sheriff shall | ||||||
14 | be allowed to tax in
addition the actual costs thereof, and for | ||||||
15 | each mile of necessary travel,
50¢ each way.
| ||||||
16 | For executing and acknowledging a deed of sale of real | ||||||
17 | estate, in
counties of first class, $4; second class, $4.
| ||||||
18 | For preparing, executing and acknowledging a deed on | ||||||
19 | redemption from
a court sale of real estate in counties of | ||||||
20 | first class, $5; second
class, $5.
| ||||||
21 | For making certificates of sale, and making and filing | ||||||
22 | duplicate, in
counties of first class, $3; in counties of the | ||||||
23 | second class, $3.
| ||||||
24 | For making certificate of redemption, $3.
| ||||||
25 | For certificate of levy and filing, $3, and the fee for | ||||||
26 | recording
shall be advanced by the judgment creditor and |
| |||||||
| |||||||
1 | charged as costs.
| ||||||
2 | For taking all civil bonds on legal process , civil and | ||||||
3 | criminal, in counties of
first class,
$1; in second class, $1.
| ||||||
4 | For executing copies in criminal cases, $4 and mileage for | ||||||
5 | each mile
of necessary travel, 20¢ each way.
| ||||||
6 | For executing requisitions from other states, $5.
| ||||||
7 | For conveying each prisoner from the prisoner's own county | ||||||
8 | to the jail
of another county, or from another county to the | ||||||
9 | jail of the prisoner's county,
per mile, for going, only, 30¢.
| ||||||
10 | For conveying persons to the penitentiary, reformatories, | ||||||
11 | Illinois
State Training School for Boys, Illinois State | ||||||
12 | Training School for Girls
and Reception Centers, the following | ||||||
13 | fees, payable out of the State treasury. For each person who is | ||||||
14 | conveyed, 35¢ per mile in going only to
the penitentiary, | ||||||
15 | reformatory, Illinois State Training School for Boys,
Illinois | ||||||
16 | State Training School for Girls and Reception Centers, from the
| ||||||
17 | place of conviction.
| ||||||
18 | The fees provided for transporting persons to the | ||||||
19 | penitentiary,
reformatories, Illinois State Training School | ||||||
20 | for Boys, Illinois State
Training School for Girls and | ||||||
21 | Reception Centers shall be paid for each
trip so made. Mileage | ||||||
22 | as used in this Section means the shortest
practical route, | ||||||
23 | between the place from which the person is to be
transported, | ||||||
24 | to the penitentiary, reformatories, Illinois State Training
| ||||||
25 | School for Boys, Illinois State Training School for Girls and | ||||||
26 | Reception
Centers and all fees per mile shall be computed on |
| |||||||
| |||||||
1 | such basis.
| ||||||
2 | For conveying any person to or from any of the charitable
| ||||||
3 | institutions of the State, when properly committed by competent
| ||||||
4 | authority, when one person is conveyed, 35¢ per mile; when two | ||||||
5 | persons
are conveyed at the same time, 35¢ per mile for the | ||||||
6 | first person and 20¢
per mile for the second person; and 10¢ | ||||||
7 | per mile for each additional person.
| ||||||
8 | For conveying a person from the penitentiary to the county | ||||||
9 | jail when
required by law, 35¢ per mile.
| ||||||
10 | For attending Supreme Court, $10 per day.
| ||||||
11 | In addition to the above fees there shall be allowed to the | ||||||
12 | sheriff a fee
of $600 for the sale of real estate which is made | ||||||
13 | by virtue of
any judgment of a court, except that in the case | ||||||
14 | of a sale of unimproved
real estate which sells for $10,000 or | ||||||
15 | less, the fee shall be $150.
In addition to this fee and all | ||||||
16 | other fees provided by this Section, there
shall be allowed to | ||||||
17 | the sheriff a fee in accordance with the following
schedule for | ||||||
18 | the sale of personal estate which is made by virtue of any
| ||||||
19 | judgment of a court:
| ||||||
20 | For judgments up to $1,000, $75;
| ||||||
21 | For judgments from $1,001 to $15,000, $150;
| ||||||
22 | For judgments over $15,000, $300.
| ||||||
23 | The foregoing fees allowed by this Section are the maximum | ||||||
24 | fees that
may be collected from any officer, agency, department | ||||||
25 | or other
instrumentality of the State. The county board may, | ||||||
26 | however, by ordinance,
increase the fees allowed by this |
| |||||||
| |||||||
1 | Section and collect those increased fees
from all persons and | ||||||
2 | entities other than officers, agencies, departments
and other | ||||||
3 | instrumentalities of the State if the increase is justified by | ||||||
4 | an
acceptable cost study showing that the fees allowed by this | ||||||
5 | Section are not
sufficient to cover the costs of providing the | ||||||
6 | service. A statement of the
costs of providing each service, | ||||||
7 | program and activity shall be prepared by
the county board. All | ||||||
8 | supporting documents shall be public records and
subject to | ||||||
9 | public examination and audit. All direct and indirect costs, as
| ||||||
10 | defined in the United States Office of Management and Budget | ||||||
11 | Circular A-87,
may be included in the determination of the | ||||||
12 | costs of each service,
program and activity.
| ||||||
13 | In all cases where the judgment is settled by the parties, | ||||||
14 | replevied,
stopped by injunction or paid, or where the property | ||||||
15 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
16 | his fee for levying and
mileage, together with half the fee for | ||||||
17 | all money collected by him which he
would be entitled to if the | ||||||
18 | same was made by sale to enforce the judgment.
In no case shall | ||||||
19 | the fee exceed the amount of money arising from the sale.
| ||||||
20 | The fee requirements of this Section do not apply to police | ||||||
21 | departments
or other law enforcement agencies. For the purposes | ||||||
22 | of this Section, "law
enforcement agency" means an agency of | ||||||
23 | the State or unit of local government
which is vested by law or | ||||||
24 | ordinance with the duty to maintain public order
and to enforce | ||||||
25 | criminal laws.
| ||||||
26 | (Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18.)
|
| |||||||
| |||||||
1 | (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
| ||||||
2 | Sec. 4-12001. Fees of sheriff in third class counties. The | ||||||
3 | officers herein named, in counties of the third class,
shall be | ||||||
4 | entitled to receive the fees herein specified, for the services
| ||||||
5 | mentioned and such other fees as may be provided by law for | ||||||
6 | such other
services not herein designated.
| ||||||
7 | Fees for Sheriff
| ||||||
8 | For serving or attempting to serve any summons on each | ||||||
9 | defendant, $35.
| ||||||
10 | For serving or attempting to serve each alias summons or | ||||||
11 | other process
mileage will be charged as hereinafter provided | ||||||
12 | when the address for
service differs from the address for | ||||||
13 | service on the original summons or
other process.
| ||||||
14 | For serving or attempting to serve all other process, on | ||||||
15 | each defendant, $35.
| ||||||
16 | For serving or attempting to serve a subpoena on each | ||||||
17 | witness, $35.
| ||||||
18 | For serving or attempting to serve each warrant, $35.
| ||||||
19 | For serving or attempting to serve each garnishee, $35.
| ||||||
20 | For summoning each juror, $10.
| ||||||
21 | For serving or attempting to serve each order or judgment | ||||||
22 | for replevin, $35.
| ||||||
23 | For serving or attempting to serve an order for attachment, | ||||||
24 | on each
defendant, $35.
| ||||||
25 | For serving or attempting to serve an order or judgment for |
| |||||||
| |||||||
1 | the
possession of real estate in an action of ejectment or in | ||||||
2 | any other action,
or for restitution in an eviction action, | ||||||
3 | without
aid, $35, and when aid is necessary, the sheriff shall | ||||||
4 | be allowed to tax in
addition the actual costs thereof.
| ||||||
5 | For serving or attempting to serve notice of judgment, $35.
| ||||||
6 | For levying to satisfy an order in an action for | ||||||
7 | attachment, $25.
| ||||||
8 | For executing order of court to seize personal property, | ||||||
9 | $25.
| ||||||
10 | For making certificate of levy on real estate and filing or | ||||||
11 | recording
same, $8, and the fee for filing or recording shall | ||||||
12 | be advanced by the
plaintiff in attachment or by the judgment | ||||||
13 | creditor and taxed as costs.
For taking possession of or | ||||||
14 | removing property levied on, the sheriff
shall be allowed to | ||||||
15 | tax the necessary actual costs of such possession or
removal.
| ||||||
16 | For advertising property for sale, $20.
| ||||||
17 | For making certificate of sale and making and filing | ||||||
18 | duplicate for
record, $15, and the fee for recording same shall | ||||||
19 | be advanced by the
judgment creditor and taxed as costs.
| ||||||
20 | For preparing, executing and acknowledging deed on | ||||||
21 | redemption from a
court sale of real estate, $15; for | ||||||
22 | preparing, executing and
acknowledging all other deeds on sale | ||||||
23 | of real estate, $10.
| ||||||
24 | For making and filing certificate of redemption, $15, and | ||||||
25 | the fee
for recording same shall be advanced by party making | ||||||
26 | the redemption and
taxed as costs.
|
| |||||||
| |||||||
1 | For making and filing certificate of redemption from a | ||||||
2 | court sale,
$11, and the fee for recording same shall be | ||||||
3 | advanced by the party
making the redemption and taxed as costs.
| ||||||
4 | For taking all bonds on legal process, $10.
| ||||||
5 | For taking special bail, $5.
| ||||||
6 | For returning each process, $15.
| ||||||
7 | Mileage for service or attempted service of all process is | ||||||
8 | a $10 flat fee.
| ||||||
9 | For attending before a court with a prisoner on an order | ||||||
10 | for habeas
corpus, $9 per day.
| ||||||
11 | For executing requisitions from other States, $13.
| ||||||
12 | For conveying each prisoner from the prisoner's county to | ||||||
13 | the jail of
another county, per mile for going only, 25¢.
| ||||||
14 | For committing to or discharging each prisoner from jail, | ||||||
15 | $3.
| ||||||
16 | For feeding each prisoner, such compensation to cover | ||||||
17 | actual costs as
may be fixed by the county board, but such | ||||||
18 | compensation shall not be
considered a part of the fees of the | ||||||
19 | office.
| ||||||
20 | For committing each prisoner to jail under the laws of the | ||||||
21 | United
States, to be paid by the marshal or other person | ||||||
22 | requiring his
confinement, $3.
| ||||||
23 | For feeding such prisoners per day, $3, to be paid by the | ||||||
24 | marshal or
other person requiring the prisoner's confinement.
| ||||||
25 | For discharging such prisoners, $3.
| ||||||
26 | For conveying persons to the penitentiary, reformatories, |
| |||||||
| |||||||
1 | Illinois
State Training School for Boys, Illinois State | ||||||
2 | Training School for
Girls, Reception Centers and Illinois | ||||||
3 | Security Hospital, the following
fees, payable out of the State | ||||||
4 | Treasury. When one person is conveyed,
20¢ per mile in going to | ||||||
5 | the penitentiary, reformatories, Illinois State
Training | ||||||
6 | School for Boys, Illinois State Training School for Girls,
| ||||||
7 | Reception Centers and Illinois Security Hospital from the place | ||||||
8 | of
conviction; when 2 persons are conveyed at the same time, | ||||||
9 | 20¢ per mile
for the first and 15¢ per mile for the second | ||||||
10 | person; when more than 2
persons are conveyed at the same time | ||||||
11 | as Stated above, the sheriff shall
be allowed 20¢ per mile for | ||||||
12 | the first, 15¢ per mile
for the second and
10¢ per mile for | ||||||
13 | each additional person.
| ||||||
14 | The fees provided for herein for transporting persons to | ||||||
15 | the
penitentiary, reformatories, Illinois State Training | ||||||
16 | School for Boys,
Illinois State Training School for Girls, | ||||||
17 | Reception Centers and Illinois
Security Hospital, shall be paid | ||||||
18 | for each trip so made. Mileage as used
in this Section means | ||||||
19 | the shortest route on a hard surfaced road,
(either State Bond | ||||||
20 | Issue Route or Federal highways) or railroad,
whichever is | ||||||
21 | shorter, between the place from which the person is to be
| ||||||
22 | transported, to the penitentiary, reformatories, Illinois | ||||||
23 | State Training
School for Boys, Illinois State Training School | ||||||
24 | for Girls, Reception
Centers and Illinois Security Hospital, | ||||||
25 | and all fees per mile shall be
computed on such basis.
| ||||||
26 | In addition to the above fees, there shall be allowed to |
| |||||||
| |||||||
1 | the sheriff
a fee of $900 for the sale of real estate which | ||||||
2 | shall be made by virtue
of any judgment of a court. In addition | ||||||
3 | to this fee and all other fees
provided by this Section, there | ||||||
4 | shall be allowed to the sheriff a fee in
accordance with the | ||||||
5 | following schedule for the sale of personal estate
which is | ||||||
6 | made by virtue of any judgment of a
court:
| ||||||
7 | For judgments up to $1,000, $100;
| ||||||
8 | For judgments over $1,000 to $15,000, $300;
| ||||||
9 | For judgments over $15,000, $500.
| ||||||
10 | In all cases where the judgment is settled by the parties, | ||||||
11 | replevied,
stopped by injunction or paid, or where the property | ||||||
12 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
13 | the fee for levying and
mileage, together with half the fee for | ||||||
14 | all money collected by him or
her which he or she would be | ||||||
15 | entitled to if the same were made by sale
in the enforcement of | ||||||
16 | a judgment. In no case shall the fee exceed the
amount of money | ||||||
17 | arising from the sale.
| ||||||
18 | The fee requirements of this Section do not apply to police | ||||||
19 | departments
or other law enforcement agencies. For the purposes | ||||||
20 | of this Section, "law
enforcement agency" means an agency of | ||||||
21 | the State or unit of local government
which is vested by law or | ||||||
22 | ordinance with the duty to maintain public order
and to enforce | ||||||
23 | criminal laws or ordinances.
| ||||||
24 | The fee requirements of this Section do not apply to units | ||||||
25 | of local
government or school districts.
| ||||||
26 | (Source: P.A. 100-173, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
| ||||||
2 | Sec. 4-12001.1. Fees of sheriff in third class counties; | ||||||
3 | local
governments and school districts. The officers herein | ||||||
4 | named, in counties of
the third class, shall be entitled to | ||||||
5 | receive the fees herein specified
from all units of local | ||||||
6 | government and school districts, for the services
mentioned and | ||||||
7 | such other fees as may be provided by law for such other
| ||||||
8 | services not herein designated.
| ||||||
9 | Fees for Sheriff
| ||||||
10 | For serving or attempting to serve any summons on each | ||||||
11 | defendant, $25.
| ||||||
12 | For serving or attempting to serve each alias summons or | ||||||
13 | other process
mileage will be charged as hereinafter provided | ||||||
14 | when the address for
service differs from the address for | ||||||
15 | service on the original summons or
other process.
| ||||||
16 | For serving or attempting to serve all other process, on | ||||||
17 | each defendant, $25.
| ||||||
18 | For serving or attempting to serve a subpoena on each | ||||||
19 | witness, $25.
| ||||||
20 | For serving or attempting to serve each warrant, $25.
| ||||||
21 | For serving or attempting to serve each garnishee, $25.
| ||||||
22 | For summoning each juror, $4.
| ||||||
23 | For serving or attempting to serve each order or judgment | ||||||
24 | for replevin, $25.
| ||||||
25 | For serving or attempting to serve an order for attachment, |
| |||||||
| |||||||
1 | on each
defendant, $25.
| ||||||
2 | For serving or attempting to serve an order or judgment for | ||||||
3 | the
possession of real estate in an action of ejectment or in | ||||||
4 | any other action,
or for restitution in an eviction action, | ||||||
5 | without
aid, $9, and when aid is necessary, the sheriff shall | ||||||
6 | be allowed to tax in
addition the actual costs thereof.
| ||||||
7 | For serving or attempting to serve notice of judgment, $25.
| ||||||
8 | For levying to satisfy an order in an action for | ||||||
9 | attachment, $25.
| ||||||
10 | For executing order of court to seize personal property, | ||||||
11 | $25.
| ||||||
12 | For making certificate of levy on real estate and filing or | ||||||
13 | recording
same, $3, and the fee for filing or recording shall | ||||||
14 | be advanced by the
plaintiff in attachment or by the judgment | ||||||
15 | creditor and taxed as costs.
For taking possession of or | ||||||
16 | removing property levied on, the sheriff
shall be allowed to | ||||||
17 | tax the necessary actual costs of such possession or
removal.
| ||||||
18 | For advertising property for sale, $3.
| ||||||
19 | For making certificate of sale and making and filing | ||||||
20 | duplicate for
record, $3, and the fee for recording same shall | ||||||
21 | be advanced by the
judgment creditor and taxed as costs.
| ||||||
22 | For preparing, executing and acknowledging deed on | ||||||
23 | redemption from a
court sale of real estate, $6; for preparing, | ||||||
24 | executing and
acknowledging all other deeds on sale of real | ||||||
25 | estate, $4.
| ||||||
26 | For making and filing certificate of redemption, $3.50, and |
| |||||||
| |||||||
1 | the fee
for recording same shall be advanced by party making | ||||||
2 | the redemption and
taxed as costs.
| ||||||
3 | For making and filing certificate of redemption from a | ||||||
4 | court sale,
$4.50, and the fee for recording same shall be | ||||||
5 | advanced by the party
making the redemption and taxed as costs.
| ||||||
6 | For taking all bonds on legal process, $2.
| ||||||
7 | For taking special bail, $2.
| ||||||
8 | For returning each process, $5.
| ||||||
9 | Mileage for service or attempted service of all process is | ||||||
10 | a $10 flat fee.
| ||||||
11 | For attending before a court with a prisoner on an order | ||||||
12 | for habeas
corpus, $3.50 per day.
| ||||||
13 | For executing requisitions from other States, $5.
| ||||||
14 | For conveying each prisoner from the prisoner's county to | ||||||
15 | the jail of
another county, per mile for going only, 25¢.
| ||||||
16 | For committing to or discharging each prisoner from jail, | ||||||
17 | $1.
| ||||||
18 | For feeding each prisoner, such compensation to cover | ||||||
19 | actual costs as
may be fixed by the county board, but such | ||||||
20 | compensation shall not be
considered a part of the fees of the | ||||||
21 | office.
| ||||||
22 | For committing each prisoner to jail under the laws of the | ||||||
23 | United
States, to be paid by the marshal or other person | ||||||
24 | requiring his
confinement, $1.
| ||||||
25 | For feeding such prisoners per day, $1, to be paid by the | ||||||
26 | marshal or
other person requiring the prisoner's confinement.
|
| |||||||
| |||||||
1 | For discharging such prisoners, $1.
| ||||||
2 | For conveying persons to the penitentiary, reformatories, | ||||||
3 | Illinois
State Training School for Boys, Illinois State | ||||||
4 | Training School for
Girls, Reception Centers and Illinois | ||||||
5 | Security Hospital, the following
fees, payable out of the State | ||||||
6 | Treasury. When one person is conveyed,
15¢ per mile in going to | ||||||
7 | the penitentiary, reformatories, Illinois State
Training | ||||||
8 | School for Boys, Illinois State Training School for Girls,
| ||||||
9 | Reception Centers and Illinois Security Hospital from the place | ||||||
10 | of
conviction; when 2 persons are conveyed at the same time, | ||||||
11 | 15¢ per mile
for the first and 10¢ per mile for the second | ||||||
12 | person; when more than 2
persons are conveyed at the same time | ||||||
13 | as stated above, the sheriff shall
be allowed 15¢ per mile for | ||||||
14 | the first, 10¢ per mile for the second and
5¢ per mile for each | ||||||
15 | additional person.
| ||||||
16 | The fees provided for herein for transporting persons to | ||||||
17 | the
penitentiary, reformatories, Illinois State Training | ||||||
18 | School for Boys,
Illinois State Training School for Girls, | ||||||
19 | Reception Centers and Illinois
Security Hospital, shall be paid | ||||||
20 | for each trip so made. Mileage as used
in this Section means | ||||||
21 | the shortest route on a hard surfaced road,
(either State Bond | ||||||
22 | Issue Route or Federal highways) or railroad,
whichever is | ||||||
23 | shorter, between the place from which the person is to be
| ||||||
24 | transported, to the penitentiary, reformatories, Illinois | ||||||
25 | State Training
School for Boys, Illinois State Training School | ||||||
26 | for Girls, Reception
Centers and Illinois Security Hospital, |
| |||||||
| |||||||
1 | and all fees per mile shall be
computed on such basis.
| ||||||
2 | In addition to the above fees, there shall be allowed to | ||||||
3 | the sheriff
a fee of $600 for the sale of real estate which | ||||||
4 | shall be made by virtue
of any judgment of a court. In addition | ||||||
5 | to this fee and all other fees
provided by this Section, there | ||||||
6 | shall be allowed to the sheriff a fee in
accordance with the | ||||||
7 | following schedule for the sale of personal estate
which is | ||||||
8 | made by virtue of any judgment of a
court:
| ||||||
9 | For judgments up to $1,000, $90;
| ||||||
10 | For judgments over $1,000 to $15,000, $275;
| ||||||
11 | For judgments over $15,000, $400.
| ||||||
12 | In all cases where the judgment is settled by the parties, | ||||||
13 | replevied,
stopped by injunction or paid, or where the property | ||||||
14 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
15 | the fee for levying and
mileage, together with half the fee for | ||||||
16 | all money collected by him or
her which he or she would be | ||||||
17 | entitled to if the same were made by sale
in the enforcement of | ||||||
18 | a judgment. In no case shall the fee exceed the
amount of money | ||||||
19 | arising from the sale. | ||||||
20 |
All fees collected under Sections 4-12001 and 4-12001.1 | ||||||
21 | must be used for public safety purposes only.
| ||||||
22 | (Source: P.A. 100-173, eff. 1-1-18 .)
| ||||||
23 | (65 ILCS 5/1-2-12.1 rep.) | ||||||
24 | Section 40. The Illinois Municipal Code is amended by | ||||||
25 | repealing Section 1-2-12.1.
|
| |||||||
| |||||||
1 | Section 45. The Campus Security Enhancement Act of 2008 is | ||||||
2 | amended by changing Section 15 as follows:
| ||||||
3 | (110 ILCS 12/15)
| ||||||
4 | Sec. 15. Arrest reports.
| ||||||
5 | (a) When an individual is arrested, the following | ||||||
6 | information must
be made available to the news media for | ||||||
7 | inspection and copying:
| ||||||
8 | (1) Information that identifies the individual,
| ||||||
9 | including the name, age, address, and photograph, when and | ||||||
10 | if available.
| ||||||
11 | (2) Information detailing any charges relating to the | ||||||
12 | arrest.
| ||||||
13 | (3) The time and location of the arrest.
| ||||||
14 | (4) The name of the investigating or arresting law | ||||||
15 | enforcement agency.
| ||||||
16 | (5) If the individual is incarcerated, the conditions | ||||||
17 | of pretrial release amount of any bail or bond .
| ||||||
18 | (6) If the individual is incarcerated, the time and | ||||||
19 | date that
the individual was received, discharged, or | ||||||
20 | transferred from the arresting
agency's custody.
| ||||||
21 | (b) The information required by this Section must be made | ||||||
22 | available to
the news media for inspection and copying as soon | ||||||
23 | as practicable, but in no
event shall the time period exceed 72 | ||||||
24 | hours from the arrest. The information
described in paragraphs |
| |||||||
| |||||||
1 | (3), (4), (5), and (6) of subsection (a), however, may
be | ||||||
2 | withheld if it is determined that disclosure would:
| ||||||
3 | (1) interfere with pending or actually and reasonably | ||||||
4 | contemplated law
enforcement proceedings conducted by any | ||||||
5 | law enforcement or correctional
agency;
| ||||||
6 | (2) endanger the life or physical safety of law | ||||||
7 | enforcement or
correctional personnel or any other person; | ||||||
8 | or
| ||||||
9 | (3) compromise the security of any correctional | ||||||
10 | facility.
| ||||||
11 | (c) For the purposes of this Section the term "news media" | ||||||
12 | means personnel
of a newspaper or other periodical issued at | ||||||
13 | regular intervals whether in
print or electronic format, a news | ||||||
14 | service whether in print or electronic
format, a radio station, | ||||||
15 | a television station, a television network, a
community antenna | ||||||
16 | television service, or a person or corporation engaged in
| ||||||
17 | making news reels or other motion picture news for public | ||||||
18 | showing.
| ||||||
19 | (d) Each law enforcement or correctional agency may charge | ||||||
20 | fees for arrest
records, but in no instance may the fee exceed | ||||||
21 | the actual cost of copying and
reproduction. The fees may not | ||||||
22 | include the cost of the labor used to reproduce
the arrest | ||||||
23 | record.
| ||||||
24 | (e) The provisions of this Section do not supersede the | ||||||
25 | confidentiality
provisions for arrest records of the Juvenile | ||||||
26 | Court Act of 1987.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | ||||||
2 | 92-335, eff.
8-10-01.)
| ||||||
3 | Section 50. The Illinois Insurance Code is amended by | ||||||
4 | changing Sections 143.19, 143.19.1, and 205 as follows:
| ||||||
5 | (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
| ||||||
6 | Sec. 143.19. Cancellation of automobile insurance policy; | ||||||
7 | grounds. After a policy of automobile insurance as defined in | ||||||
8 | Section
143.13(a) has been effective for 60 days, or if such | ||||||
9 | policy is a renewal
policy, the insurer shall not exercise its | ||||||
10 | option to cancel such policy
except for one or more of the | ||||||
11 | following reasons:
| ||||||
12 | a. Nonpayment of premium;
| ||||||
13 | b. The policy was obtained through a material | ||||||
14 | misrepresentation;
| ||||||
15 | c. Any insured violated any of the terms and conditions | ||||||
16 | of the
policy;
| ||||||
17 | d. The named insured failed to disclose fully his motor | ||||||
18 | vehicle
accidents and moving traffic violations for the | ||||||
19 | preceding 36 months if
called for in the application;
| ||||||
20 | e. Any insured made a false or fraudulent claim or | ||||||
21 | knowingly aided
or abetted another in the presentation of | ||||||
22 | such a claim;
| ||||||
23 | f. The named insured or any other operator who either | ||||||
24 | resides in the
same household or customarily operates an |
| |||||||
| |||||||
1 | automobile insured under such
policy:
| ||||||
2 | 1. has, within the 12 months prior to the notice of
| ||||||
3 | cancellation, had his driver's license under | ||||||
4 | suspension or revocation;
| ||||||
5 | 2. is or becomes subject to epilepsy or heart | ||||||
6 | attacks, and such
individual does not produce a | ||||||
7 | certificate from a physician testifying to
his | ||||||
8 | unqualified ability to operate a motor vehicle safely;
| ||||||
9 | 3. has an accident record, conviction record | ||||||
10 | (criminal or traffic),
physical, or mental condition | ||||||
11 | which is such that his operation of an
automobile might | ||||||
12 | endanger the public safety;
| ||||||
13 | 4. has, within the 36 months prior to the notice of | ||||||
14 | cancellation,
been addicted to the use of narcotics or | ||||||
15 | other drugs; or
| ||||||
16 | 5. has been convicted, or violated conditions of | ||||||
17 | pretrial release forfeited bail , during the 36 months
| ||||||
18 | immediately preceding the notice of cancellation, for | ||||||
19 | any felony,
criminal negligence resulting in death, | ||||||
20 | homicide or assault arising out
of the operation of a | ||||||
21 | motor vehicle, operating a motor vehicle while in
an | ||||||
22 | intoxicated condition or while under the influence of | ||||||
23 | drugs, being
intoxicated while in, or about, an | ||||||
24 | automobile or while having custody of
an automobile, | ||||||
25 | leaving the scene of an accident without stopping to
| ||||||
26 | report, theft or unlawful taking of a motor vehicle, |
| |||||||
| |||||||
1 | making false
statements in an application for an | ||||||
2 | operator's or chauffeur's license or
has been | ||||||
3 | convicted or pretrial release has been revoked | ||||||
4 | forfeited bail for 3 or more violations within the
12 | ||||||
5 | months immediately preceding the notice of | ||||||
6 | cancellation, of any law,
ordinance, or regulation | ||||||
7 | limiting the speed of motor vehicles or any of
the | ||||||
8 | provisions of the motor vehicle laws of any state, | ||||||
9 | violation of
which constitutes a misdemeanor, whether | ||||||
10 | or not the violations were
repetitions of the same | ||||||
11 | offense or different offenses;
| ||||||
12 | g. The insured automobile is:
| ||||||
13 | 1. so mechanically defective that its operation | ||||||
14 | might endanger
public safety;
| ||||||
15 | 2. used in carrying passengers for hire or | ||||||
16 | compensation (the use of
an automobile for a car pool | ||||||
17 | shall not be considered use of an automobile
for hire | ||||||
18 | or compensation);
| ||||||
19 | 3. used in the business of transportation of | ||||||
20 | flammables
or explosives;
| ||||||
21 | 4. an authorized emergency vehicle;
| ||||||
22 | 5. changed in shape or condition during the policy | ||||||
23 | period so as to
increase the risk substantially; or
| ||||||
24 | 6. subject to an inspection law and has not been | ||||||
25 | inspected or, if
inspected, has failed to qualify.
| ||||||
26 | Nothing in this Section shall apply to nonrenewal.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
2 | (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
| ||||||
3 | Sec. 143.19.1. Limits on exercise of right of nonrenewal. | ||||||
4 | After a
policy of automobile insurance, as defined in
Section | ||||||
5 | 143.13, has been effective or renewed for 5 or more years, the
| ||||||
6 | company shall not exercise its right of non-renewal unless:
| ||||||
7 | a. The policy was obtained through a material | ||||||
8 | misrepresentation; or
| ||||||
9 | b. Any insured violated any of the terms and conditions of | ||||||
10 | the
policy; or
| ||||||
11 | c. The named insured failed to disclose fully his motor | ||||||
12 | vehicle
accidents and moving traffic violations for the | ||||||
13 | preceding 36 months, if
such information is called for in the | ||||||
14 | application; or
| ||||||
15 | d. Any insured made a false or fraudulent claim or | ||||||
16 | knowingly aided
or abetted another in the presentation of such | ||||||
17 | a claim; or
| ||||||
18 | e. The named insured or any other operator who either | ||||||
19 | resides in the
same household or customarily operates an | ||||||
20 | automobile insured under such
a policy:
| ||||||
21 | 1. Has, within the 12 months prior to the notice of | ||||||
22 | non-renewal had
his drivers license under suspension or | ||||||
23 | revocation; or
| ||||||
24 | 2. Is or becomes subject to epilepsy or heart attacks, | ||||||
25 | and such
individual does not produce a certificate from a |
| |||||||
| |||||||
1 | physician testifying to
his unqualified ability to operate | ||||||
2 | a motor vehicle safely; or
| ||||||
3 | 3. Has an accident record, conviction record (criminal | ||||||
4 | or traffic),
or a physical or mental condition which is | ||||||
5 | such that his operation of an
automobile might endanger the | ||||||
6 | public safety; or
| ||||||
7 | 4. Has, within the 36 months prior to the notice of | ||||||
8 | non-renewal,
been addicted to the use of narcotics or other | ||||||
9 | drugs; or
| ||||||
10 | 5. Has been convicted or pretrial release has been | ||||||
11 | revoked forfeited bail , during the 36 months
immediately | ||||||
12 | preceding the notice of non-renewal, for any felony,
| ||||||
13 | criminal negligence resulting in death, homicide or | ||||||
14 | assault arising out
of the operation of a motor vehicle, | ||||||
15 | operating a motor vehicle while in
an intoxicated condition | ||||||
16 | or while under the influence of drugs, being
intoxicated | ||||||
17 | while in or about an automobile or while having custody of
| ||||||
18 | an automobile, leaving the scene of an accident without | ||||||
19 | stopping to
report, theft or unlawful taking of a motor | ||||||
20 | vehicle, making false
statements in an application for an | ||||||
21 | operators or chauffeurs license, or
has been convicted or | ||||||
22 | pretrial release has been revoked forfeited bail for 3 or | ||||||
23 | more violations within the
12 months immediately preceding | ||||||
24 | the notice of non-renewal, of any law,
ordinance or | ||||||
25 | regulation limiting the speed of motor vehicles or any
of | ||||||
26 | the provisions of the motor vehicle laws of any state, |
| |||||||
| |||||||
1 | violation of
which constitutes a misdemeanor, whether or | ||||||
2 | not the violations were
repetitions of the same offense or | ||||||
3 | different offenses; or
| ||||||
4 | f. The insured automobile is:
| ||||||
5 | 1. So mechanically defective that its operation might | ||||||
6 | endanger
public safety; or
| ||||||
7 | 2. Used in carrying passengers for hire or compensation | ||||||
8 | (the use of
an automobile for a car pool shall not be | ||||||
9 | considered use of an
automobile for hire or compensation); | ||||||
10 | or
| ||||||
11 | 3. Used in the business of transportation of flammables | ||||||
12 | or
explosives; or
| ||||||
13 | 4. An authorized emergency vehicle; or
| ||||||
14 | 5. Changed in shape or condition during the policy | ||||||
15 | period so as to
increase the risk substantially; or
| ||||||
16 | 6. Subject to an inspection law and it has not been | ||||||
17 | inspected or, if
inspected, has failed to qualify; or
| ||||||
18 | g. The notice of the intention
not to renew is mailed to | ||||||
19 | the insured at least 60 days before the date of
nonrenewal as | ||||||
20 | provided in Section 143.17.
| ||||||
21 | (Source: P.A. 89-669, eff. 1-1-97.)
| ||||||
22 | (215 ILCS 5/205) (from Ch. 73, par. 817)
| ||||||
23 | Sec. 205. Priority of distribution of general assets.
| ||||||
24 | (1) The priorities of distribution of general assets from | ||||||
25 | the
company's estate is to be as follows:
|
| |||||||
| |||||||
1 | (a) The costs and expenses of administration, | ||||||
2 | including, but not limited to, the following: | ||||||
3 | (i) The reasonable expenses of the Illinois | ||||||
4 | Insurance Guaranty Fund, the Illinois Life and Health | ||||||
5 | Insurance Guaranty Association, and the Illinois | ||||||
6 | Health Maintenance Organization Guaranty Association | ||||||
7 | and of any similar organization in any other state, | ||||||
8 | including overhead, salaries, and other general | ||||||
9 | administrative expenses allocable to the receivership | ||||||
10 | (administrative and claims handling expenses and | ||||||
11 | expenses in connection with arrangements for ongoing | ||||||
12 | coverage), but excluding expenses incurred in the | ||||||
13 | performance of duties under Section 547 or similar | ||||||
14 | duties under the statute governing a similar | ||||||
15 | organization in another state. For property and | ||||||
16 | casualty insurance guaranty associations that guaranty | ||||||
17 | certain obligations of any member company as defined by | ||||||
18 | Section 534.5, expenses shall include, but not be | ||||||
19 | limited to, loss adjustment expenses, which shall | ||||||
20 | include adjusting and other expenses and defense and | ||||||
21 | cost containment expenses. The expenses of such | ||||||
22 | property and casualty guaranty associations, including | ||||||
23 | the Illinois Insurance Guaranty Fund, shall be | ||||||
24 | reimbursed as prescribed by Section 545, but shall be | ||||||
25 | subordinate to all other costs and expenses of | ||||||
26 | administration, including the expenses reimbursed |
| |||||||
| |||||||
1 | pursuant to subparagraph (ii) of this paragraph (a). | ||||||
2 | (ii) The expenses expressly approved or ratified | ||||||
3 | by the Director as liquidator or rehabilitator, | ||||||
4 | including, but not limited to, the following: | ||||||
5 | (1) the actual and necessary costs of | ||||||
6 | preserving or recovering the property of the | ||||||
7 | insurer; | ||||||
8 | (2) reasonable compensation for all services | ||||||
9 | rendered on behalf of the administrative | ||||||
10 | supervisor or receiver; | ||||||
11 | (3) any necessary filing fees; | ||||||
12 | (4) the fees and mileage payable to witnesses; | ||||||
13 | (5) unsecured loans obtained by the receiver; | ||||||
14 | and | ||||||
15 | (6) expenses approved by the conservator or | ||||||
16 | rehabilitator of the insurer, if any, incurred in the | ||||||
17 | course of the conservation or rehabilitation that are | ||||||
18 | unpaid at the time of the entry of the order of | ||||||
19 | liquidation. | ||||||
20 | Any unsecured loan falling under item (5) of | ||||||
21 | subparagraph (ii) of this paragraph (a) shall have priority | ||||||
22 | over all other costs and expenses of administration, unless | ||||||
23 | the lender agrees otherwise. Absent agreement to the | ||||||
24 | contrary, all other costs and expenses of administration | ||||||
25 | shall be shared on a pro-rata basis, except for the | ||||||
26 | expenses of property and casualty guaranty associations, |
| |||||||
| |||||||
1 | which shall have a lower priority pursuant to subparagraph | ||||||
2 | (i) of this paragraph (a).
| ||||||
3 | (b) Secured
claims,
including claims for taxes and | ||||||
4 | debts due the federal or any state or local
government, | ||||||
5 | that are secured by liens perfected prior to the
filing of | ||||||
6 | the
complaint.
| ||||||
7 | (c) Claims for wages actually owing to employees for | ||||||
8 | services rendered
within
3 months prior to the date of the | ||||||
9 | filing of the complaint, not exceeding $1,000
to each | ||||||
10 | employee unless there are claims due the federal government | ||||||
11 | under
paragraph (f), then the claims for wages shall have a | ||||||
12 | priority of
distribution immediately following that of | ||||||
13 | federal claims under paragraph (f)
and immediately | ||||||
14 | preceding claims of general creditors under paragraph (g).
| ||||||
15 | (d) Claims by policyholders, beneficiaries, and | ||||||
16 | insureds, under
insurance policies, annuity contracts, and | ||||||
17 | funding agreements,
liability
claims against insureds | ||||||
18 | covered under insurance policies and insurance
contracts | ||||||
19 | issued by the company, claims of obligees (and, subject to | ||||||
20 | the discretion of the
receiver, completion contractors) | ||||||
21 | under surety bonds and surety undertakings (not to include | ||||||
22 | bail bonds, mortgage or financial guaranty, or other forms | ||||||
23 | of insurance offering protection against
investment risk), | ||||||
24 | claims by principals under surety bonds and surety | ||||||
25 | undertakings for wrongful
dissipation of collateral by the | ||||||
26 | insurer or its agents, and claims incurred during any |
| |||||||
| |||||||
1 | extension of
coverage provided under subsection (5) of | ||||||
2 | Section 193, and claims of the Illinois Insurance
Guaranty | ||||||
3 | Fund, the Illinois Life and Health Insurance Guaranty | ||||||
4 | Association,
the Illinois Health Maintenance Organization | ||||||
5 | Guaranty Association, and any
similar organization in | ||||||
6 | another state
as prescribed in Section 545. For purposes of | ||||||
7 | this Section, "funding
agreement" means an agreement | ||||||
8 | whereby an insurer authorized to write business
under Class | ||||||
9 | 1 of Section 4 of this Code may accept and accumulate funds | ||||||
10 | and
make one or more payments at future dates in amounts | ||||||
11 | that are not based upon
mortality or morbidity | ||||||
12 | contingencies.
| ||||||
13 | (e) Claims by policyholders, beneficiaries, and | ||||||
14 | insureds, the
allowed
values of which were determined by | ||||||
15 | estimation under paragraph (b) of subsection
(4) of Section | ||||||
16 | 209.
| ||||||
17 | (f) Any other claims due the federal government.
| ||||||
18 | (g) All other claims of general creditors not falling | ||||||
19 | within
any
other
priority under this Section including | ||||||
20 | claims for taxes and debts due any state
or local | ||||||
21 | government which are not secured
claims and claims for
| ||||||
22 | attorneys' fees incurred by the company in contesting its | ||||||
23 | conservation,
rehabilitation, or liquidation.
| ||||||
24 | (h) Claims of guaranty fund certificate holders,
| ||||||
25 | guaranty
capital
shareholders, capital note holders, and | ||||||
26 | surplus note holders.
|
| |||||||
| |||||||
1 | (i) Proprietary claims of shareholders, members, or | ||||||
2 | other
owners.
| ||||||
3 | Every claim under a written agreement, statute, or rule | ||||||
4 | providing that the
assets in a separate account are not | ||||||
5 | chargeable with the liabilities arising
out of any other | ||||||
6 | business of the insurer shall be satisfied out of the funded
| ||||||
7 | assets in the separate account equal to, but not to exceed, the | ||||||
8 | reserves
maintained in the separate account under the separate | ||||||
9 | account agreement, and to
the extent, if any, the claim is not | ||||||
10 | fully discharged thereby, the remainder
of the claim shall be | ||||||
11 | treated as a priority level (d) claim under paragraph
(d) of | ||||||
12 | this subsection to the extent that reserves have been | ||||||
13 | established in the
insurer's general account pursuant to | ||||||
14 | statute, rule, or the separate account
agreement.
| ||||||
15 | For purposes of this provision, "separate account | ||||||
16 | policies, contracts, or
agreements" means any policies, | ||||||
17 | contracts, or agreements that provide for
separate accounts as | ||||||
18 | contemplated by Section 245.21.
| ||||||
19 | To the extent that any assets of an insurer, other than | ||||||
20 | those assets properly
allocated to and maintained in a separate | ||||||
21 | account, have been used to fund or
pay any expenses, taxes, or | ||||||
22 | policyholder benefits that are attributable to a
separate | ||||||
23 | account policy, contract, or agreement that should have been | ||||||
24 | paid by a
separate account prior to the commencement of | ||||||
25 | receivership proceedings, then
upon the commencement of | ||||||
26 | receivership proceedings, the separate accounts
that benefited |
| |||||||
| |||||||
1 | from this payment or funding shall first be used to repay or
| ||||||
2 | reimburse the company's general assets or account for any | ||||||
3 | unreimbursed net sums
due at the commencement of receivership | ||||||
4 | proceedings prior to the application of
the separate account | ||||||
5 | assets to the satisfaction of liabilities or the
corresponding | ||||||
6 | separate account policies, contracts, and agreements.
| ||||||
7 | To the extent, if any, reserves or assets maintained in the | ||||||
8 | separate account
are in excess of the amounts needed to satisfy | ||||||
9 | claims under the separate
account contracts, the excess shall | ||||||
10 | be treated as part of the general assets of
the insurer's | ||||||
11 | estate.
| ||||||
12 | (2) Within 120 days after the issuance of an Order of | ||||||
13 | Liquidation with a
finding of insolvency against a domestic | ||||||
14 | company, the Director shall make
application to the court | ||||||
15 | requesting authority to disburse funds to the
Illinois | ||||||
16 | Insurance Guaranty Fund, the Illinois Life and Health Insurance
| ||||||
17 | Guaranty Association, the Illinois Health Maintenance | ||||||
18 | Organization Guaranty
Association, and similar organizations | ||||||
19 | in other states from time to time out
of the company's | ||||||
20 | marshaled assets as funds
become available in amounts equal to | ||||||
21 | disbursements made by the
Illinois Insurance Guaranty Fund, the | ||||||
22 | Illinois Life and Health Insurance
Guaranty Association, the | ||||||
23 | Illinois Health Maintenance Organization Guaranty
Association, | ||||||
24 | and similar organizations in other states
for covered claims | ||||||
25 | obligations on the presentation of evidence that such
| ||||||
26 | disbursements have been made by the Illinois Insurance
Guaranty |
| |||||||
| |||||||
1 | Fund, the Illinois Life and Health Insurance Guaranty
| ||||||
2 | Association, the Illinois Health Maintenance Organization | ||||||
3 | Guaranty Association,
and similar organizations in other | ||||||
4 | states.
| ||||||
5 | The Director shall establish procedures for the ratable | ||||||
6 | allocation and
distribution of disbursements to the Illinois | ||||||
7 | Insurance Guaranty Fund,
the Illinois Life and Health Insurance | ||||||
8 | Guaranty Association, the Illinois
Health Maintenance | ||||||
9 | Organization Guaranty Association, and
similar organizations | ||||||
10 | in other states. In determining the amounts available
for | ||||||
11 | disbursement, the Director shall reserve sufficient assets for | ||||||
12 | the
payment of the expenses of administration described in | ||||||
13 | paragraph (1)(a)
of this Section. All funds available for | ||||||
14 | disbursement after the establishment
of the prescribed reserve | ||||||
15 | shall be promptly distributed. As a condition
to receipt of | ||||||
16 | funds in reimbursement of covered claims obligations,
the | ||||||
17 | Director shall secure from the Illinois Insurance Guaranty | ||||||
18 | Fund,
the Illinois Life and Health Insurance Guaranty | ||||||
19 | Association, the Illinois
Health Maintenance Organization | ||||||
20 | Guaranty Association, and
each similar organization in other | ||||||
21 | states, an agreement to return to the
Director on demand funds | ||||||
22 | previously received as may be required to pay claims
of secured | ||||||
23 | creditors and claims falling within the priorities established
| ||||||
24 | in paragraphs (a), (b), (c), and (d) of subsection (1) of
this | ||||||
25 | Section in accordance
with such priorities.
| ||||||
26 | (3) The changes made in this Section by this amendatory Act |
| |||||||
| |||||||
1 | of the 100th General Assembly apply to all liquidation,
| ||||||
2 | rehabilitation, or conservation proceedings that are pending | ||||||
3 | on the effective date of this amendatory
Act of the 100th | ||||||
4 | General Assembly and to all future liquidation, | ||||||
5 | rehabilitation, or conservation proceedings. | ||||||
6 | (4) The provisions of this Section are severable under | ||||||
7 | Section 1.31 of
the Statute on Statutes.
| ||||||
8 | (Source: P.A. 100-410, eff. 8-25-17.)
| ||||||
9 | Section 55. The Illinois Gambling Act is amended by | ||||||
10 | changing Section 5.1 as follows:
| ||||||
11 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| ||||||
12 | Sec. 5.1. Disclosure of records.
| ||||||
13 | (a) Notwithstanding any applicable statutory provision to | ||||||
14 | the contrary,
the Board shall, on written request from any | ||||||
15 | person, provide
information furnished by an applicant or | ||||||
16 | licensee concerning the applicant
or licensee, his products, | ||||||
17 | services or gambling enterprises and his
business holdings, as | ||||||
18 | follows:
| ||||||
19 | (1) The name, business address and business telephone | ||||||
20 | number of any
applicant or licensee.
| ||||||
21 | (2) An identification of any applicant or licensee | ||||||
22 | including, if an
applicant or licensee is not an | ||||||
23 | individual, the names and addresses of all stockholders and | ||||||
24 | directors, if the entity is a corporation; the names and |
| |||||||
| |||||||
1 | addresses of all members, if the entity is a limited | ||||||
2 | liability company; the names and addresses of all partners, | ||||||
3 | both general and limited, if the entity is a partnership; | ||||||
4 | and the names and addresses of all beneficiaries, if the | ||||||
5 | entity is a trust. If an applicant or licensee has a | ||||||
6 | pending registration
statement filed with the Securities | ||||||
7 | and Exchange Commission, only the names
of those persons or | ||||||
8 | entities holding interest of 5% or more must be provided.
| ||||||
9 | (3) An identification of any business, including, if | ||||||
10 | applicable, the
state of incorporation or registration, in | ||||||
11 | which an applicant or licensee
or an applicant's or | ||||||
12 | licensee's spouse or children has an equity interest
of | ||||||
13 | more than 1%. If an applicant or licensee is a corporation, | ||||||
14 | partnership
or other business entity, the applicant or | ||||||
15 | licensee shall identify any
other corporation, partnership | ||||||
16 | or business entity in which it has an equity
interest of 1%
| ||||||
17 | or more, including, if applicable, the state of
| ||||||
18 | incorporation or registration. This information need not | ||||||
19 | be provided by a
corporation, partnership or other business | ||||||
20 | entity that has a pending
registration statement filed with | ||||||
21 | the Securities and Exchange Commission.
| ||||||
22 | (4) Whether an applicant or licensee has been indicted, | ||||||
23 | convicted,
pleaded guilty or nolo contendere, or pretrial | ||||||
24 | release has been revoked forfeited bail concerning any
| ||||||
25 | criminal offense under the laws of any jurisdiction, either | ||||||
26 | felony or
misdemeanor (except for traffic violations), |
| |||||||
| |||||||
1 | including the date, the name
and location of the court, | ||||||
2 | arresting agency and prosecuting agency, the
case number, | ||||||
3 | the offense, the disposition and the location and length of
| ||||||
4 | incarceration.
| ||||||
5 | (5) Whether an applicant or licensee has had any | ||||||
6 | license or
certificate issued by a licensing authority in | ||||||
7 | Illinois or any other
jurisdiction denied, restricted, | ||||||
8 | suspended, revoked or not renewed and a
statement | ||||||
9 | describing the facts and circumstances concerning the | ||||||
10 | denial,
restriction, suspension, revocation or | ||||||
11 | non-renewal, including the licensing
authority, the date | ||||||
12 | each such action was taken, and the reason for each
such | ||||||
13 | action.
| ||||||
14 | (6) Whether an applicant or licensee has ever filed or | ||||||
15 | had filed against
it a proceeding in bankruptcy or has ever | ||||||
16 | been involved in any formal
process to adjust, defer, | ||||||
17 | suspend or otherwise work out the payment of any
debt | ||||||
18 | including the date of filing, the name and location of the | ||||||
19 | court, the
case and number of the disposition.
| ||||||
20 | (7) Whether an applicant or licensee has filed, or been | ||||||
21 | served with a
complaint or other notice filed with any | ||||||
22 | public body, regarding the
delinquency in the payment of, | ||||||
23 | or a dispute over the filings concerning the
payment of, | ||||||
24 | any tax required under federal, State or local law, | ||||||
25 | including
the amount, type of tax, the taxing agency and | ||||||
26 | time periods involved.
|
| |||||||
| |||||||
1 | (8) A statement listing the names and titles of all | ||||||
2 | public officials
or officers of any unit of government, and | ||||||
3 | relatives of said
public officials or officers who, | ||||||
4 | directly or indirectly, own
any financial interest in, have | ||||||
5 | any beneficial interest in, are the
creditors of or hold | ||||||
6 | any debt instrument issued by, or hold or have any
interest | ||||||
7 | in any contractual or service relationship with, an | ||||||
8 | applicant
or licensee.
| ||||||
9 | (9) Whether an applicant or licensee has made, directly | ||||||
10 | or indirectly,
any political contribution, or any loans, | ||||||
11 | donations or other payments, to
any candidate or office | ||||||
12 | holder, within 5 years from the date of filing the
| ||||||
13 | application, including the amount and the method of | ||||||
14 | payment.
| ||||||
15 | (10) The name and business telephone number of the | ||||||
16 | counsel
representing an applicant or licensee in matters | ||||||
17 | before the Board.
| ||||||
18 | (11) A description of any proposed or approved gambling | ||||||
19 | operation, including the type of boat, home dock, or casino | ||||||
20 | or gaming location, expected
economic benefit to the | ||||||
21 | community, anticipated or actual number of
employees, any | ||||||
22 | statement from an applicant or licensee regarding | ||||||
23 | compliance
with federal and State affirmative action | ||||||
24 | guidelines, projected or actual
admissions and projected | ||||||
25 | or actual adjusted gross gaming receipts.
| ||||||
26 | (12) A description of the product or service to be |
| |||||||
| |||||||
1 | supplied by an
applicant for a supplier's license.
| ||||||
2 | (b) Notwithstanding any applicable statutory provision to | ||||||
3 | the contrary,
the Board shall, on written request from any | ||||||
4 | person, also provide
the following information:
| ||||||
5 | (1) The amount of the wagering tax and admission tax | ||||||
6 | paid daily to the
State of Illinois by the holder of an | ||||||
7 | owner's license.
| ||||||
8 | (2) Whenever the Board finds an applicant for an | ||||||
9 | owner's license
unsuitable for licensing, a copy of the | ||||||
10 | written letter outlining the
reasons for the denial.
| ||||||
11 | (3) Whenever the Board has refused to grant leave for | ||||||
12 | an applicant to
withdraw his application, a copy of the | ||||||
13 | letter outlining the reasons for
the refusal.
| ||||||
14 | (c) Subject to the above provisions, the Board shall not | ||||||
15 | disclose any
information which would be barred by:
| ||||||
16 | (1) Section 7 of the Freedom of Information Act; or
| ||||||
17 | (2) The statutes, rules, regulations or | ||||||
18 | intergovernmental agreements
of any jurisdiction.
| ||||||
19 | (d) The Board may assess fees for the copying of | ||||||
20 | information in
accordance with Section 6 of the Freedom of | ||||||
21 | Information Act.
| ||||||
22 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
23 | Section 60. The Illinois Vehicle Code is amended by | ||||||
24 | changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and 16-103 | ||||||
25 | as follows:
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| ||||||
2 | Sec. 6-204. When court to forward license and reports.
| ||||||
3 | (a) For the purpose of providing to the Secretary of State | ||||||
4 | the records
essential to the performance of the Secretary's | ||||||
5 | duties under this Code to
cancel, revoke or suspend the | ||||||
6 | driver's license and privilege to drive motor
vehicles of | ||||||
7 | certain minors adjudicated truant minors in need of | ||||||
8 | supervision,
addicted, or delinquent and of persons
found | ||||||
9 | guilty of the criminal offenses or traffic violations
which | ||||||
10 | this Code recognizes as evidence relating to unfitness to | ||||||
11 | safely operate
motor vehicles, the following duties are imposed | ||||||
12 | upon public officials:
| ||||||
13 | (1) Whenever any person is convicted of any offense for | ||||||
14 | which
this
Code makes mandatory the cancellation or | ||||||
15 | revocation of the driver's
license or permit of such person | ||||||
16 | by the Secretary of State, the judge of the
court in which | ||||||
17 | such conviction is had shall require the surrender to the | ||||||
18 | clerk
of the court of all driver's licenses or permits then | ||||||
19 | held by the person so
convicted, and the clerk of the court | ||||||
20 | shall, within 5 days thereafter, forward
the same, together | ||||||
21 | with a report of such conviction, to the Secretary.
| ||||||
22 | (2) Whenever any person is convicted of any offense | ||||||
23 | under this
Code or
similar offenses under a municipal | ||||||
24 | ordinance, other than regulations
governing standing, | ||||||
25 | parking or weights of vehicles, and excepting the
following |
| |||||||
| |||||||
1 | enumerated Sections of this Code: Sections 11-1406 | ||||||
2 | (obstruction
to driver's view or control), 11-1407 | ||||||
3 | (improper opening of door into
traffic), 11-1410 (coasting | ||||||
4 | on downgrade), 11-1411 (following fire
apparatus), | ||||||
5 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||||||
6 | vehicle which is in unsafe condition or improperly | ||||||
7 | equipped), 12-201(a)
(daytime lights on motorcycles), | ||||||
8 | 12-202 (clearance, identification and
side marker lamps), | ||||||
9 | 12-204 (lamp or flag on projecting load), 12-205
(failure | ||||||
10 | to display the safety lights required), 12-401 | ||||||
11 | (restrictions as
to tire equipment), 12-502 (mirrors), | ||||||
12 | 12-503 (windshields must be
unobstructed and equipped with | ||||||
13 | wipers), 12-601 (horns and warning
devices), 12-602 | ||||||
14 | (mufflers, prevention of noise or smoke), 12-603 (seat
| ||||||
15 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
16 | other warning
devices), 12-703 (vehicles for oiling roads | ||||||
17 | operated on highways),
12-710 (splash guards and | ||||||
18 | replacements), 13-101 (safety tests), 15-101
(size, weight | ||||||
19 | and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||||||
20 | and address on second division vehicles), 15-107 (length of | ||||||
21 | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||||||
22 | 15-112 (weights), 15-301
(weights), 15-316 (weights), | ||||||
23 | 15-318 (weights), and also excepting the following
| ||||||
24 | enumerated Sections of the Chicago Municipal Code: | ||||||
25 | Sections 27-245 (following
fire apparatus), 27-254 | ||||||
26 | (obstruction of traffic), 27-258 (driving vehicle which
is |
| |||||||
| |||||||
1 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
2 | 27-264 (use of horns
and signal devices), 27-265 | ||||||
3 | (obstruction to driver's view or driver mechanism),
27-267 | ||||||
4 | (dimming of headlights), 27-268 (unattended motor | ||||||
5 | vehicle), 27-272
(illegal funeral procession), 27-273 | ||||||
6 | (funeral procession on boulevard), 27-275
(driving freight | ||||||
7 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
8 | standing
of buses or taxicabs), 27-277 (cruising of public | ||||||
9 | passenger vehicles), 27-305
(parallel parking), 27-306 | ||||||
10 | (diagonal parking), 27-307 (parking not to obstruct
| ||||||
11 | traffic), 27-308 (stopping, standing or parking | ||||||
12 | regulated), 27-311 (parking
regulations), 27-312 (parking | ||||||
13 | regulations), 27-313 (parking regulations),
27-314 | ||||||
14 | (parking regulations), 27-315 (parking regulations), | ||||||
15 | 27-316 (parking
regulations), 27-317 (parking | ||||||
16 | regulations), 27-318 (parking regulations),
27-319 | ||||||
17 | (parking regulations), 27-320 (parking regulations), | ||||||
18 | 27-321 (parking
regulations), 27-322 (parking | ||||||
19 | regulations), 27-324 (loading and
unloading at an angle), | ||||||
20 | 27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||||||
21 | the downtown district), 27-335 (load restrictions in
| ||||||
22 | residential areas), 27-338 (width of vehicles), 27-339 | ||||||
23 | (height of
vehicles), 27-340 (length of vehicles), 27-352 | ||||||
24 | (reflectors on trailers),
27-353 (mufflers), 27-354 | ||||||
25 | (display of plates), 27-355 (display of city
vehicle tax | ||||||
26 | sticker), 27-357 (identification of vehicles), 27-358
|
| |||||||
| |||||||
1 | (projecting of loads), and also excepting the following | ||||||
2 | enumerated
paragraphs of Section 2-201 of the Rules and | ||||||
3 | Regulations of the Illinois
State Toll Highway Authority: | ||||||
4 | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||||||
5 | transporting dangerous cargo not properly indicated), it
| ||||||
6 | shall be the duty of the clerk of the court in which such | ||||||
7 | conviction is
had within 5 days thereafter to forward to | ||||||
8 | the Secretary of State a report of
the conviction and the | ||||||
9 | court may recommend the suspension of the driver's
license | ||||||
10 | or permit of the person so convicted.
| ||||||
11 | The reporting requirements of this subsection shall | ||||||
12 | apply to all
violations stated in paragraphs (1) and (2) of | ||||||
13 | this
subsection when the
individual has been adjudicated | ||||||
14 | under the Juvenile Court Act or the
Juvenile Court Act of | ||||||
15 | 1987. Such reporting requirements shall also apply to
| ||||||
16 | individuals adjudicated under the Juvenile Court Act or the | ||||||
17 | Juvenile Court Act
of 1987 who have committed a violation | ||||||
18 | of Section 11-501 of this Code, or
similar provision of a | ||||||
19 | local ordinance, or Section 9-3 of the Criminal Code
of | ||||||
20 | 1961 or the Criminal Code of 2012, relating to the offense | ||||||
21 | of reckless homicide, or Section 5-7 of the Snowmobile | ||||||
22 | Registration and Safety Act or Section 5-16 of the Boat | ||||||
23 | Registration and Safety Act, relating to the offense of | ||||||
24 | operating a snowmobile or a watercraft while under the | ||||||
25 | influence of alcohol, other drug or drugs, intoxicating | ||||||
26 | compound or compounds, or combination thereof.
These |
| |||||||
| |||||||
1 | reporting requirements also apply to individuals | ||||||
2 | adjudicated under the Juvenile Court Act of 1987 based on | ||||||
3 | any offense determined to have been committed in | ||||||
4 | furtherance of the criminal activities of an organized | ||||||
5 | gang, as provided in Section 5-710 of that Act, and that | ||||||
6 | involved the operation or use of a motor vehicle or the use | ||||||
7 | of a driver's license or permit. The reporting requirements | ||||||
8 | of this subsection shall also apply to
a truant minor in | ||||||
9 | need of supervision, an addicted
minor, or a delinquent | ||||||
10 | minor and whose driver's license and privilege to
drive a | ||||||
11 | motor vehicle has been ordered suspended for such times as | ||||||
12 | determined
by the court, but only until he or she attains
| ||||||
13 | 18 years of age. It shall be the duty of the clerk of the | ||||||
14 | court in which
adjudication is had within 5 days thereafter | ||||||
15 | to forward to the Secretary of
State a report of the | ||||||
16 | adjudication and the court order requiring the Secretary
of | ||||||
17 | State to suspend the minor's driver's license and driving | ||||||
18 | privilege for such
time as determined by the court, but | ||||||
19 | only until he or she attains the age of 18
years. All | ||||||
20 | juvenile court dispositions reported to the Secretary of | ||||||
21 | State
under this provision shall be processed by the | ||||||
22 | Secretary of State as if the
cases had been adjudicated in | ||||||
23 | traffic or criminal court. However, information
reported | ||||||
24 | relative to the offense of reckless homicide, or Section | ||||||
25 | 11-501 of
this Code, or a similar provision of a local | ||||||
26 | ordinance, shall be privileged
and available only to the |
| |||||||
| |||||||
1 | Secretary of State, courts, and police officers.
| ||||||
2 | The reporting requirements of this subsection (a) | ||||||
3 | apply to all violations listed in paragraphs (1) and (2) of | ||||||
4 | this subsection (a), excluding parking violations, when | ||||||
5 | the driver holds a CLP or CDL, regardless of the type of | ||||||
6 | vehicle in which the violation occurred, or when any driver | ||||||
7 | committed the violation in a commercial motor vehicle as | ||||||
8 | defined in Section 6-500 of this Code.
| ||||||
9 | (3) Whenever an order is entered vacating the | ||||||
10 | conditions of pretrial release forfeiture of any
bail,
| ||||||
11 | security or bond given to secure appearance for any offense | ||||||
12 | under this
Code or similar offenses under municipal | ||||||
13 | ordinance, it shall be the duty
of the clerk of the court | ||||||
14 | in which such vacation was had or the judge of
such court | ||||||
15 | if such court has no clerk, within 5 days thereafter to
| ||||||
16 | forward to the Secretary of State a report of the vacation.
| ||||||
17 | (4) A report of any disposition of court supervision | ||||||
18 | for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||||||
19 | similar provision of a local ordinance,
11-503, 11-504, and | ||||||
20 | 11-506 of this Code, Section 5-7 of the Snowmobile | ||||||
21 | Registration and Safety Act, and Section 5-16 of the Boat | ||||||
22 | Registration and Safety Act shall be forwarded to the | ||||||
23 | Secretary of State.
A report of any disposition of court | ||||||
24 | supervision for a violation of an offense
defined as a | ||||||
25 | serious traffic violation in this Code or a similar | ||||||
26 | provision of a
local ordinance committed by a person under |
| |||||||
| |||||||
1 | the age of 21 years shall be
forwarded to the Secretary of | ||||||
2 | State.
| ||||||
3 | (5) Reports of conviction
under this Code
and | ||||||
4 | sentencing hearings under the
Juvenile Court
Act of 1987 in | ||||||
5 | an electronic format
or a computer processible medium
shall
| ||||||
6 | be
forwarded to the Secretary of State via the Supreme | ||||||
7 | Court in the form and
format required by the Illinois | ||||||
8 | Supreme Court and established by a written
agreement | ||||||
9 | between the Supreme Court and the Secretary of State.
In | ||||||
10 | counties with a population over 300,000, instead of | ||||||
11 | forwarding reports to
the Supreme Court, reports of | ||||||
12 | conviction
under this Code
and sentencing hearings under | ||||||
13 | the
Juvenile Court Act of 1987 in an electronic format
or a | ||||||
14 | computer processible medium
may
be forwarded to the | ||||||
15 | Secretary of State by the Circuit Court Clerk in a form and
| ||||||
16 | format required by the Secretary of State and established | ||||||
17 | by written agreement
between the Circuit Court Clerk and | ||||||
18 | the Secretary of State. Failure to
forward the reports of | ||||||
19 | conviction or sentencing hearing under the Juvenile
Court | ||||||
20 | Act of 1987 as required by this Section shall be
deemed an | ||||||
21 | omission of duty and it shall be the duty of the several | ||||||
22 | State's
Attorneys to enforce the requirements of this | ||||||
23 | Section.
| ||||||
24 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
25 | court, as a
result of confiscation by a police officer pursuant | ||||||
26 | to the authority in
Section 6-113(f), it shall be the duty of |
| |||||||
| |||||||
1 | the clerk, or judge, if the court
has no clerk, to forward such | ||||||
2 | restricted driving permit and a facsimile of
the officer's | ||||||
3 | citation to the Secretary of State as expeditiously as
| ||||||
4 | practicable.
| ||||||
5 | (c) For the purposes of this Code, a violation of the | ||||||
6 | conditions of pretrial release forfeiture of bail or collateral
| ||||||
7 | deposited to secure a defendant's appearance in court when the | ||||||
8 | conditions of pretrial release have forfeiture
has not been | ||||||
9 | vacated, or the failure of a defendant to appear for trial
| ||||||
10 | after depositing his driver's license in lieu of other bail , | ||||||
11 | shall be
equivalent to a conviction.
| ||||||
12 | (d) For the purpose of providing the Secretary of State | ||||||
13 | with records
necessary to properly monitor and assess driver | ||||||
14 | performance and assist the
courts in the proper disposition of | ||||||
15 | repeat traffic law offenders, the clerk
of the court shall | ||||||
16 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
17 | Secretary, records of a driver's participation in a driver | ||||||
18 | remedial
or rehabilitative program which was required, through | ||||||
19 | a court order or court
supervision, in relation to the driver's | ||||||
20 | arrest for a violation of Section
11-501 of this Code or a | ||||||
21 | similar provision of a local ordinance.
The clerk of the court | ||||||
22 | shall also forward to the Secretary, either on
paper or in an | ||||||
23 | electronic format or a computer processible medium as required
| ||||||
24 | under paragraph (5) of subsection (a) of this Section, any | ||||||
25 | disposition
of court supervision for any traffic violation,
| ||||||
26 | excluding those offenses listed in paragraph (2)
of subsection |
| |||||||
| |||||||
1 | (a) of this Section.
These reports
shall be sent within 5
days | ||||||
2 | after disposition, or, if
the driver is
referred to a driver
| ||||||
3 | remedial or rehabilitative program, within 5 days of the | ||||||
4 | driver's referral
to that program.
These reports received by | ||||||
5 | the Secretary of State, including those required to
be | ||||||
6 | forwarded under paragraph (a)(4), shall be privileged | ||||||
7 | information, available
only (i) to the affected driver, (ii) to | ||||||
8 | the parent or guardian of a person under the age of 18 years | ||||||
9 | holding an instruction permit or a graduated driver's license, | ||||||
10 | and (iii) for use by the courts, police
officers, prosecuting | ||||||
11 | authorities, the Secretary of State, and the driver licensing | ||||||
12 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
13 | Part 384, all reports of court supervision, except violations | ||||||
14 | related to parking, shall be forwarded to the Secretary of | ||||||
15 | State for all holders of a CLP or CDL or any driver who commits | ||||||
16 | an offense while driving a commercial motor vehicle. These | ||||||
17 | reports shall be recorded to the driver's record as a | ||||||
18 | conviction for use in the disqualification of the driver's | ||||||
19 | commercial motor vehicle privileges and shall not be privileged | ||||||
20 | information.
| ||||||
21 | (Source: P.A. 100-74, eff. 8-11-17.)
| ||||||
22 | (625 ILCS 5/6-206)
| ||||||
23 | (Text of Section before amendment by P.A. 101-90 and | ||||||
24 | 101-470 ) | ||||||
25 | Sec. 6-206. Discretionary authority to suspend or revoke |
| |||||||
| |||||||
1 | license or
permit; right to a hearing.
| ||||||
2 | (a) The Secretary of State is authorized to suspend or | ||||||
3 | revoke the
driving privileges of any person without preliminary | ||||||
4 | hearing upon a showing
of the person's records or other | ||||||
5 | sufficient evidence that
the person:
| ||||||
6 | 1. Has committed an offense for which mandatory | ||||||
7 | revocation of
a driver's license or permit is required upon | ||||||
8 | conviction;
| ||||||
9 | 2. Has been convicted of not less than 3 offenses | ||||||
10 | against traffic
regulations governing the movement of | ||||||
11 | vehicles committed within any 12
month period. No | ||||||
12 | revocation or suspension shall be entered more than
6 | ||||||
13 | months after the date of last conviction;
| ||||||
14 | 3. Has been repeatedly involved as a driver in motor | ||||||
15 | vehicle
collisions or has been repeatedly convicted of | ||||||
16 | offenses against laws and
ordinances regulating the | ||||||
17 | movement of traffic, to a degree that
indicates lack of | ||||||
18 | ability to exercise ordinary and reasonable care in
the | ||||||
19 | safe operation of a motor vehicle or disrespect for the | ||||||
20 | traffic laws
and the safety of other persons upon the | ||||||
21 | highway;
| ||||||
22 | 4. Has by the unlawful operation of a motor vehicle | ||||||
23 | caused or
contributed to an accident resulting in injury | ||||||
24 | requiring
immediate professional treatment in a medical | ||||||
25 | facility or doctor's office
to any person, except that any | ||||||
26 | suspension or revocation imposed by the
Secretary of State |
| |||||||
| |||||||
1 | under the provisions of this subsection shall start no
| ||||||
2 | later than 6 months after being convicted of violating a | ||||||
3 | law or
ordinance regulating the movement of traffic, which | ||||||
4 | violation is related
to the accident, or shall start not | ||||||
5 | more than one year
after
the date of the accident, | ||||||
6 | whichever date occurs later;
| ||||||
7 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
8 | driver's
license, identification card, or permit;
| ||||||
9 | 6. Has been lawfully convicted of an offense or | ||||||
10 | offenses in another
state, including the authorization | ||||||
11 | contained in Section 6-203.1, which
if committed within | ||||||
12 | this State would be grounds for suspension or revocation;
| ||||||
13 | 7. Has refused or failed to submit to an examination | ||||||
14 | provided for by
Section 6-207 or has failed to pass the | ||||||
15 | examination;
| ||||||
16 | 8. Is ineligible for a driver's license or permit under | ||||||
17 | the provisions
of Section 6-103;
| ||||||
18 | 9. Has made a false statement or knowingly concealed a | ||||||
19 | material fact
or has used false information or | ||||||
20 | identification in any application for a
license, | ||||||
21 | identification card, or permit;
| ||||||
22 | 10. Has possessed, displayed, or attempted to | ||||||
23 | fraudulently use any
license, identification card, or | ||||||
24 | permit not issued to the person;
| ||||||
25 | 11. Has operated a motor vehicle upon a highway of this | ||||||
26 | State when
the person's driving privilege or privilege to |
| |||||||
| |||||||
1 | obtain a driver's license
or permit was revoked or | ||||||
2 | suspended unless the operation was authorized by
a | ||||||
3 | monitoring device driving permit, judicial driving permit | ||||||
4 | issued prior to January 1, 2009, probationary license to | ||||||
5 | drive, or a restricted
driving permit issued under this | ||||||
6 | Code;
| ||||||
7 | 12. Has submitted to any portion of the application | ||||||
8 | process for
another person or has obtained the services of | ||||||
9 | another person to submit to
any portion of the application | ||||||
10 | process for the purpose of obtaining a
license, | ||||||
11 | identification card, or permit for some other person;
| ||||||
12 | 13. Has operated a motor vehicle upon a highway of this | ||||||
13 | State when
the person's driver's license or permit was | ||||||
14 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
15 | 14. Has committed a violation of Section 6-301, | ||||||
16 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
17 | 14B of the Illinois Identification Card
Act;
| ||||||
18 | 15. Has been convicted of violating Section 21-2 of the | ||||||
19 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
20 | to criminal trespass to vehicles in which case, the | ||||||
21 | suspension
shall be for one year;
| ||||||
22 | 16. Has been convicted of violating Section 11-204 of | ||||||
23 | this Code relating
to fleeing from a peace officer;
| ||||||
24 | 17. Has refused to submit to a test, or tests, as | ||||||
25 | required under Section
11-501.1 of this Code and the person | ||||||
26 | has not sought a hearing as
provided for in Section |
| |||||||
| |||||||
1 | 11-501.1;
| ||||||
2 | 18. Has, since issuance of a driver's license or | ||||||
3 | permit, been adjudged
to be afflicted with or suffering | ||||||
4 | from any mental disability or disease;
| ||||||
5 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
6 | of Section 6-101
relating to driving without a driver's | ||||||
7 | license;
| ||||||
8 | 20. Has been convicted of violating Section 6-104 | ||||||
9 | relating to
classification of driver's license;
| ||||||
10 | 21. Has been convicted of violating Section 11-402 of
| ||||||
11 | this Code relating to leaving the scene of an accident | ||||||
12 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
13 | which case the suspension shall be
for one year;
| ||||||
14 | 22. Has used a motor vehicle in violating paragraph | ||||||
15 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
16 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
17 | relating
to unlawful use of weapons, in which case the | ||||||
18 | suspension shall be for one
year;
| ||||||
19 | 23. Has, as a driver, been convicted of committing a | ||||||
20 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
21 | for a second or subsequent
time within one year of a | ||||||
22 | similar violation;
| ||||||
23 | 24. Has been convicted by a court-martial or punished | ||||||
24 | by non-judicial
punishment by military authorities of the | ||||||
25 | United States at a military
installation in Illinois or in | ||||||
26 | another state of or for a traffic related offense that is |
| |||||||
| |||||||
1 | the
same as or similar to an offense specified under | ||||||
2 | Section 6-205 or 6-206 of
this Code;
| ||||||
3 | 25. Has permitted any form of identification to be used | ||||||
4 | by another in
the application process in order to obtain or | ||||||
5 | attempt to obtain a license,
identification card, or | ||||||
6 | permit;
| ||||||
7 | 26. Has altered or attempted to alter a license or has | ||||||
8 | possessed an
altered license, identification card, or | ||||||
9 | permit;
| ||||||
10 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
11 | of 1934;
| ||||||
12 | 28. Has been convicted for a first time of the illegal | ||||||
13 | possession, while operating or
in actual physical control, | ||||||
14 | as a driver, of a motor vehicle, of any
controlled | ||||||
15 | substance prohibited under the Illinois Controlled | ||||||
16 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
17 | Control
Act, or any methamphetamine prohibited under the | ||||||
18 | Methamphetamine Control and Community Protection Act, in | ||||||
19 | which case the person's driving privileges shall be | ||||||
20 | suspended for
one year.
Any defendant found guilty of this | ||||||
21 | offense while operating a motor vehicle,
shall have an | ||||||
22 | entry made in the court record by the presiding judge that
| ||||||
23 | this offense did occur while the defendant was operating a | ||||||
24 | motor vehicle
and order the clerk of the court to report | ||||||
25 | the violation to the Secretary
of State;
| ||||||
26 | 29. Has been convicted of the following offenses that |
| |||||||
| |||||||
1 | were committed
while the person was operating or in actual | ||||||
2 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
3 | sexual assault,
predatory criminal sexual assault of a | ||||||
4 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
5 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
6 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
7 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
8 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
9 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
10 | delivery of controlled substances or instruments used for | ||||||
11 | illegal drug use
or abuse in which case the driver's | ||||||
12 | driving privileges shall be suspended
for one year;
| ||||||
13 | 30. Has been convicted a second or subsequent time for | ||||||
14 | any
combination of the offenses named in paragraph 29 of | ||||||
15 | this subsection,
in which case the person's driving | ||||||
16 | privileges shall be suspended for 5
years;
| ||||||
17 | 31. Has refused to submit to a test as
required by | ||||||
18 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
19 | Registration and Safety Act or has submitted to a test | ||||||
20 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
21 | any amount of a drug, substance, or
compound resulting from | ||||||
22 | the unlawful use or consumption of cannabis as listed
in | ||||||
23 | the Cannabis Control Act, a controlled substance as listed | ||||||
24 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
25 | compound as listed in the Use of
Intoxicating Compounds | ||||||
26 | Act, or methamphetamine as listed in the Methamphetamine |
| |||||||
| |||||||
1 | Control and Community Protection Act, in which case the | ||||||
2 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
3 | 32. Has been convicted of Section 24-1.2 of the | ||||||
4 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
5 | to the aggravated discharge of a firearm if the offender | ||||||
6 | was
located in a motor vehicle at the time the firearm was | ||||||
7 | discharged, in which
case the suspension shall be for 3 | ||||||
8 | years;
| ||||||
9 | 33. Has as a driver, who was less than 21 years of age | ||||||
10 | on the date of
the offense, been convicted a first time of | ||||||
11 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
12 | or a similar provision of a local ordinance;
| ||||||
13 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
14 | this Code or a similar provision of a local ordinance;
| ||||||
15 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
16 | this Code or a similar provision of a local ordinance;
| ||||||
17 | 36. Is under the age of 21 years at the time of arrest | ||||||
18 | and has been
convicted of not less than 2 offenses against | ||||||
19 | traffic regulations governing
the movement of vehicles | ||||||
20 | committed within any 24 month period. No revocation
or | ||||||
21 | suspension shall be entered more than 6 months after the | ||||||
22 | date of last
conviction;
| ||||||
23 | 37. Has committed a violation of subsection (c) of | ||||||
24 | Section 11-907 of this
Code that resulted in damage to the | ||||||
25 | property of another or the death or injury of another;
| ||||||
26 | 38. Has been convicted of a violation of Section 6-20 |
| |||||||
| |||||||
1 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
2 | a local ordinance;
| ||||||
3 | 39. Has committed a second or subsequent violation of | ||||||
4 | Section
11-1201 of this Code;
| ||||||
5 | 40. Has committed a violation of subsection (a-1) of | ||||||
6 | Section 11-908 of
this Code; | ||||||
7 | 41. Has committed a second or subsequent violation of | ||||||
8 | Section 11-605.1 of this Code, a similar provision of a | ||||||
9 | local ordinance, or a similar violation in any other state | ||||||
10 | within 2 years of the date of the previous violation, in | ||||||
11 | which case the suspension shall be for 90 days; | ||||||
12 | 42. Has committed a violation of subsection (a-1) of | ||||||
13 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
14 | local ordinance;
| ||||||
15 | 43. Has received a disposition of court supervision for | ||||||
16 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
17 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
18 | a local ordinance, in which case the suspension shall be | ||||||
19 | for a period of 3 months;
| ||||||
20 | 44.
Is under the age of 21 years at the time of arrest | ||||||
21 | and has been convicted of an offense against traffic | ||||||
22 | regulations governing the movement of vehicles after | ||||||
23 | having previously had his or her driving privileges
| ||||||
24 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
25 | Section; | ||||||
26 | 45.
Has, in connection with or during the course of a |
| |||||||
| |||||||
1 | formal hearing conducted under Section 2-118 of this Code: | ||||||
2 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
3 | falsified documents; (iii) submitted documents that have | ||||||
4 | been materially altered; or (iv) submitted, as his or her | ||||||
5 | own, documents that were in fact prepared or composed for | ||||||
6 | another person; | ||||||
7 | 46. Has committed a violation of subsection (j) of | ||||||
8 | Section 3-413 of this Code;
| ||||||
9 | 47. Has committed a violation of Section 11-502.1 of | ||||||
10 | this Code; or | ||||||
11 | 48. Has submitted a falsified or altered medical | ||||||
12 | examiner's certificate to the Secretary of State or | ||||||
13 | provided false information to obtain a medical examiner's | ||||||
14 | certificate. | ||||||
15 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
16 | and 27 of this
subsection, license means any driver's license, | ||||||
17 | any traffic ticket issued when
the person's driver's license is | ||||||
18 | deposited in lieu of bail , a suspension
notice issued by the | ||||||
19 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
20 | a probationary driver's license or a temporary driver's | ||||||
21 | license. | ||||||
22 | (b) If any conviction forming the basis of a suspension or
| ||||||
23 | revocation authorized under this Section is appealed, the
| ||||||
24 | Secretary of State may rescind or withhold the entry of the | ||||||
25 | order of suspension
or revocation, as the case may be, provided | ||||||
26 | that a certified copy of a stay
order of a court is filed with |
| |||||||
| |||||||
1 | the Secretary of State. If the conviction is
affirmed on | ||||||
2 | appeal, the date of the conviction shall relate back to the | ||||||
3 | time
the original judgment of conviction was entered and the 6 | ||||||
4 | month limitation
prescribed shall not apply.
| ||||||
5 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
6 | permit of
any person as authorized in this Section, the | ||||||
7 | Secretary of State shall
immediately notify the person in | ||||||
8 | writing of the revocation or suspension.
The notice to be | ||||||
9 | deposited in the United States mail, postage prepaid,
to the | ||||||
10 | last known address of the person.
| ||||||
11 | 2. If the Secretary of State suspends the driver's license
| ||||||
12 | of a person under subsection 2 of paragraph (a) of this | ||||||
13 | Section, a
person's privilege to operate a vehicle as an | ||||||
14 | occupation shall not be
suspended, provided an affidavit is | ||||||
15 | properly completed, the appropriate fee
received, and a permit | ||||||
16 | issued prior to the effective date of the
suspension, unless 5 | ||||||
17 | offenses were committed, at least 2 of which occurred
while | ||||||
18 | operating a commercial vehicle in connection with the driver's
| ||||||
19 | regular occupation. All other driving privileges shall be | ||||||
20 | suspended by the
Secretary of State. Any driver prior to | ||||||
21 | operating a vehicle for
occupational purposes only must submit | ||||||
22 | the affidavit on forms to be
provided by the Secretary of State | ||||||
23 | setting forth the facts of the person's
occupation. The | ||||||
24 | affidavit shall also state the number of offenses
committed | ||||||
25 | while operating a vehicle in connection with the driver's | ||||||
26 | regular
occupation. The affidavit shall be accompanied by the |
| |||||||
| |||||||
1 | driver's license.
Upon receipt of a properly completed | ||||||
2 | affidavit, the Secretary of State
shall issue the driver a | ||||||
3 | permit to operate a vehicle in connection with the
driver's | ||||||
4 | regular occupation only. Unless the permit is issued by the
| ||||||
5 | Secretary of State prior to the date of suspension, the | ||||||
6 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
7 | forth in the notice that was
mailed under this Section. If an | ||||||
8 | affidavit is received subsequent to the
effective date of this | ||||||
9 | suspension, a permit may be issued for the remainder
of the | ||||||
10 | suspension period.
| ||||||
11 | The provisions of this subparagraph shall not apply to any | ||||||
12 | driver
required to possess a CDL for the purpose of operating a | ||||||
13 | commercial motor vehicle.
| ||||||
14 | Any person who falsely states any fact in the affidavit | ||||||
15 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
16 | and upon conviction
thereof shall have all driving privileges | ||||||
17 | revoked without further rights.
| ||||||
18 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
19 | this Code,
the Secretary of State shall either rescind or | ||||||
20 | continue an order of
revocation or shall substitute an order of | ||||||
21 | suspension; or, good
cause appearing therefor, rescind, | ||||||
22 | continue, change, or extend the
order of suspension. If the | ||||||
23 | Secretary of State does not rescind the order,
the Secretary | ||||||
24 | may upon application,
to relieve undue hardship (as defined by | ||||||
25 | the rules of the Secretary of State), issue
a restricted | ||||||
26 | driving permit granting the privilege of driving a motor
|
| |||||||
| |||||||
1 | vehicle between the petitioner's residence and petitioner's | ||||||
2 | place of
employment or within the scope of the petitioner's | ||||||
3 | employment related duties, or to
allow the petitioner to | ||||||
4 | transport himself or herself, or a family member of the
| ||||||
5 | petitioner's household to a medical facility, to receive | ||||||
6 | necessary medical care, to allow the petitioner to transport | ||||||
7 | himself or herself to and from alcohol or drug
remedial or | ||||||
8 | rehabilitative activity recommended by a licensed service | ||||||
9 | provider, or to allow the petitioner to transport himself or | ||||||
10 | herself or a family member of the petitioner's household to | ||||||
11 | classes, as a student, at an accredited educational | ||||||
12 | institution, or to allow the petitioner to transport children, | ||||||
13 | elderly persons, or persons with disabilities who do not hold | ||||||
14 | driving privileges and are living in the petitioner's household | ||||||
15 | to and from daycare. The
petitioner must demonstrate that no | ||||||
16 | alternative means of
transportation is reasonably available | ||||||
17 | and that the petitioner will not endanger
the public safety or | ||||||
18 | welfare.
| ||||||
19 | (A) If a person's license or permit is revoked or | ||||||
20 | suspended due to 2
or more convictions of violating Section | ||||||
21 | 11-501 of this Code or a similar
provision of a local | ||||||
22 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
23 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
24 | where the use of alcohol or other drugs is recited as an | ||||||
25 | element of the offense, or a similar out-of-state offense, | ||||||
26 | or a combination of these offenses, arising out
of separate |
| |||||||
| |||||||
1 | occurrences, that person, if issued a restricted driving | ||||||
2 | permit,
may not operate a vehicle unless it has been | ||||||
3 | equipped with an ignition
interlock device as defined in | ||||||
4 | Section 1-129.1.
| ||||||
5 | (B) If a person's license or permit is revoked or | ||||||
6 | suspended 2 or more
times due to any combination of: | ||||||
7 | (i) a single conviction of violating Section
| ||||||
8 | 11-501 of this Code or a similar provision of a local | ||||||
9 | ordinance or a similar
out-of-state offense or Section | ||||||
10 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
11 | of 2012, where the use of alcohol or other drugs is | ||||||
12 | recited as an element of the offense, or a similar | ||||||
13 | out-of-state offense; or | ||||||
14 | (ii) a statutory summary suspension or revocation | ||||||
15 | under Section
11-501.1; or | ||||||
16 | (iii) a suspension under Section 6-203.1; | ||||||
17 | arising out of
separate occurrences; that person, if issued | ||||||
18 | a restricted driving permit, may
not operate a vehicle | ||||||
19 | unless it has been
equipped with an ignition interlock | ||||||
20 | device as defined in Section 1-129.1. | ||||||
21 | (B-5) If a person's license or permit is revoked or | ||||||
22 | suspended due to a conviction for a violation of | ||||||
23 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
24 | of Section 11-501 of this Code, or a similar provision of a | ||||||
25 | local ordinance or similar out-of-state offense, that | ||||||
26 | person, if issued a restricted driving permit, may not |
| |||||||
| |||||||
1 | operate a vehicle unless it has been equipped with an | ||||||
2 | ignition interlock device as defined in Section 1-129.1. | ||||||
3 | (C)
The person issued a permit conditioned upon the use | ||||||
4 | of an ignition interlock device must pay to the Secretary | ||||||
5 | of State DUI Administration Fund an amount
not to exceed | ||||||
6 | $30 per month. The Secretary shall establish by rule the | ||||||
7 | amount
and the procedures, terms, and conditions relating | ||||||
8 | to these fees. | ||||||
9 | (D) If the
restricted driving permit is issued for | ||||||
10 | employment purposes, then the prohibition against | ||||||
11 | operating a motor vehicle that is not equipped with an | ||||||
12 | ignition interlock device does not apply to the operation | ||||||
13 | of an occupational vehicle owned or
leased by that person's | ||||||
14 | employer when used solely for employment purposes. For any | ||||||
15 | person who, within a 5-year period, is convicted of a | ||||||
16 | second or subsequent offense under Section 11-501 of this | ||||||
17 | Code, or a similar provision of a local ordinance or | ||||||
18 | similar out-of-state offense, this employment exemption | ||||||
19 | does not apply until either a one-year period has elapsed | ||||||
20 | during which that person had his or her driving privileges | ||||||
21 | revoked or a one-year period has elapsed during which that | ||||||
22 | person had a restricted driving permit which required the | ||||||
23 | use of an ignition interlock device on every motor vehicle | ||||||
24 | owned or operated by that person. | ||||||
25 | (E) In each case the Secretary may issue a
restricted | ||||||
26 | driving permit for a period deemed appropriate, except that |
| |||||||
| |||||||
1 | all
permits shall expire no later than 2 years from the | ||||||
2 | date of issuance. A
restricted driving permit issued under | ||||||
3 | this Section shall be subject to
cancellation, revocation, | ||||||
4 | and suspension by the Secretary of State in like
manner and | ||||||
5 | for like cause as a driver's license issued under this Code | ||||||
6 | may be
cancelled, revoked, or suspended; except that a | ||||||
7 | conviction upon one or more
offenses against laws or | ||||||
8 | ordinances regulating the movement of traffic
shall be | ||||||
9 | deemed sufficient cause for the revocation, suspension, or
| ||||||
10 | cancellation of a restricted driving permit. The Secretary | ||||||
11 | of State may, as
a condition to the issuance of a | ||||||
12 | restricted driving permit, require the
applicant to | ||||||
13 | participate in a designated driver remedial or | ||||||
14 | rehabilitative
program. The Secretary of State is | ||||||
15 | authorized to cancel a restricted
driving permit if the | ||||||
16 | permit holder does not successfully complete the program.
| ||||||
17 | (F) A person subject to the provisions of paragraph 4 | ||||||
18 | of subsection (b) of Section 6-208 of this Code may make | ||||||
19 | application for a restricted driving permit at a hearing | ||||||
20 | conducted under Section 2-118 of this Code after the | ||||||
21 | expiration of 5 years from the effective date of the most | ||||||
22 | recent revocation or after 5 years from the date of release | ||||||
23 | from a period of imprisonment resulting from a conviction | ||||||
24 | of the most recent offense, whichever is later, provided | ||||||
25 | the person, in addition to all other requirements of the | ||||||
26 | Secretary, shows by clear and convincing evidence: |
| |||||||
| |||||||
1 | (i) a minimum of 3 years of uninterrupted | ||||||
2 | abstinence from alcohol and the unlawful use or | ||||||
3 | consumption of cannabis under the Cannabis Control | ||||||
4 | Act, a controlled substance under the Illinois | ||||||
5 | Controlled Substances Act, an intoxicating compound | ||||||
6 | under the Use of Intoxicating Compounds Act, or | ||||||
7 | methamphetamine under the Methamphetamine Control and | ||||||
8 | Community Protection Act; and | ||||||
9 | (ii) the successful completion of any | ||||||
10 | rehabilitative treatment and involvement in any | ||||||
11 | ongoing rehabilitative activity that may be | ||||||
12 | recommended by a properly licensed service provider | ||||||
13 | according to an assessment of the person's alcohol or | ||||||
14 | drug use under Section 11-501.01 of this Code. | ||||||
15 | In determining whether an applicant is eligible for a | ||||||
16 | restricted driving permit under this subparagraph (F), the | ||||||
17 | Secretary may consider any relevant evidence, including, | ||||||
18 | but not limited to, testimony, affidavits, records, and the | ||||||
19 | results of regular alcohol or drug tests. Persons subject | ||||||
20 | to the provisions of paragraph 4 of subsection (b) of | ||||||
21 | Section 6-208 of this Code and who have been convicted of | ||||||
22 | more than one violation of paragraph (3), paragraph (4), or | ||||||
23 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
24 | Code shall not be eligible to apply for a restricted | ||||||
25 | driving permit under this subparagraph (F). | ||||||
26 | A restricted driving permit issued under this |
| |||||||
| |||||||
1 | subparagraph (F) shall provide that the holder may only | ||||||
2 | operate motor vehicles equipped with an ignition interlock | ||||||
3 | device as required under paragraph (2) of subsection (c) of | ||||||
4 | Section 6-205 of this Code and subparagraph (A) of | ||||||
5 | paragraph 3 of subsection (c) of this Section. The | ||||||
6 | Secretary may revoke a restricted driving permit or amend | ||||||
7 | the conditions of a restricted driving permit issued under | ||||||
8 | this subparagraph (F) if the holder operates a vehicle that | ||||||
9 | is not equipped with an ignition interlock device, or for | ||||||
10 | any other reason authorized under this Code. | ||||||
11 | A restricted driving permit issued under this | ||||||
12 | subparagraph (F) shall be revoked, and the holder barred | ||||||
13 | from applying for or being issued a restricted driving | ||||||
14 | permit in the future, if the holder is convicted of a | ||||||
15 | violation of Section 11-501 of this Code, a similar | ||||||
16 | provision of a local ordinance, or a similar offense in | ||||||
17 | another state. | ||||||
18 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
19 | subsection (a), reports received by the Secretary of State | ||||||
20 | under this Section shall, except during the actual time the | ||||||
21 | suspension is in effect, be privileged information and for use | ||||||
22 | only by the courts, police officers, prosecuting authorities, | ||||||
23 | the driver licensing administrator of any other state, the | ||||||
24 | Secretary of State, or the parent or legal guardian of a driver | ||||||
25 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
26 | person is a CDL holder, the suspension shall also be made |
| |||||||
| |||||||
1 | available to the driver licensing administrator of any other | ||||||
2 | state, the U.S. Department of Transportation, and the affected | ||||||
3 | driver or motor
carrier or prospective motor carrier upon | ||||||
4 | request.
| ||||||
5 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
6 | subsection (a), the Secretary of State shall notify the person | ||||||
7 | by mail that his or her driving privileges and driver's license | ||||||
8 | will be suspended one month after the date of the mailing of | ||||||
9 | the notice.
| ||||||
10 | (c-5) The Secretary of State may, as a condition of the | ||||||
11 | reissuance of a
driver's license or permit to an applicant | ||||||
12 | whose driver's license or permit has
been suspended before he | ||||||
13 | or she reached the age of 21 years pursuant to any of
the | ||||||
14 | provisions of this Section, require the applicant to | ||||||
15 | participate in a
driver remedial education course and be | ||||||
16 | retested under Section 6-109 of this
Code.
| ||||||
17 | (d) This Section is subject to the provisions of the | ||||||
18 | Drivers License
Compact.
| ||||||
19 | (e) The Secretary of State shall not issue a restricted | ||||||
20 | driving permit to
a person under the age of 16 years whose | ||||||
21 | driving privileges have been suspended
or revoked under any | ||||||
22 | provisions of this Code.
| ||||||
23 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
24 | State may not issue a restricted driving permit for the | ||||||
25 | operation of a commercial motor vehicle to a person holding a | ||||||
26 | CDL whose driving privileges have been suspended, revoked, |
| |||||||
| |||||||
1 | cancelled, or disqualified under any provisions of this Code. | ||||||
2 | (Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16; | ||||||
3 | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16; | ||||||
4 | 99-642, eff. 7-28-16; 100-803, eff. 1-1-19 .)
| ||||||
5 | (Text of Section after amendment by P.A. 101-90 and | ||||||
6 | 101-470) | ||||||
7 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
8 | license or
permit; right to a hearing.
| ||||||
9 | (a) The Secretary of State is authorized to suspend or | ||||||
10 | revoke the
driving privileges of any person without preliminary | ||||||
11 | hearing upon a showing
of the person's records or other | ||||||
12 | sufficient evidence that
the person:
| ||||||
13 | 1. Has committed an offense for which mandatory | ||||||
14 | revocation of
a driver's license or permit is required upon | ||||||
15 | conviction;
| ||||||
16 | 2. Has been convicted of not less than 3 offenses | ||||||
17 | against traffic
regulations governing the movement of | ||||||
18 | vehicles committed within any 12
month period. No | ||||||
19 | revocation or suspension shall be entered more than
6 | ||||||
20 | months after the date of last conviction;
| ||||||
21 | 3. Has been repeatedly involved as a driver in motor | ||||||
22 | vehicle
collisions or has been repeatedly convicted of | ||||||
23 | offenses against laws and
ordinances regulating the | ||||||
24 | movement of traffic, to a degree that
indicates lack of | ||||||
25 | ability to exercise ordinary and reasonable care in
the |
| |||||||
| |||||||
1 | safe operation of a motor vehicle or disrespect for the | ||||||
2 | traffic laws
and the safety of other persons upon the | ||||||
3 | highway;
| ||||||
4 | 4. Has by the unlawful operation of a motor vehicle | ||||||
5 | caused or
contributed to an accident resulting in injury | ||||||
6 | requiring
immediate professional treatment in a medical | ||||||
7 | facility or doctor's office
to any person, except that any | ||||||
8 | suspension or revocation imposed by the
Secretary of State | ||||||
9 | under the provisions of this subsection shall start no
| ||||||
10 | later than 6 months after being convicted of violating a | ||||||
11 | law or
ordinance regulating the movement of traffic, which | ||||||
12 | violation is related
to the accident, or shall start not | ||||||
13 | more than one year
after
the date of the accident, | ||||||
14 | whichever date occurs later;
| ||||||
15 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
16 | driver's
license, identification card, or permit;
| ||||||
17 | 6. Has been lawfully convicted of an offense or | ||||||
18 | offenses in another
state, including the authorization | ||||||
19 | contained in Section 6-203.1, which
if committed within | ||||||
20 | this State would be grounds for suspension or revocation;
| ||||||
21 | 7. Has refused or failed to submit to an examination | ||||||
22 | provided for by
Section 6-207 or has failed to pass the | ||||||
23 | examination;
| ||||||
24 | 8. Is ineligible for a driver's license or permit under | ||||||
25 | the provisions
of Section 6-103;
| ||||||
26 | 9. Has made a false statement or knowingly concealed a |
| |||||||
| |||||||
1 | material fact
or has used false information or | ||||||
2 | identification in any application for a
license, | ||||||
3 | identification card, or permit;
| ||||||
4 | 10. Has possessed, displayed, or attempted to | ||||||
5 | fraudulently use any
license, identification card, or | ||||||
6 | permit not issued to the person;
| ||||||
7 | 11. Has operated a motor vehicle upon a highway of this | ||||||
8 | State when
the person's driving privilege or privilege to | ||||||
9 | obtain a driver's license
or permit was revoked or | ||||||
10 | suspended unless the operation was authorized by
a | ||||||
11 | monitoring device driving permit, judicial driving permit | ||||||
12 | issued prior to January 1, 2009, probationary license to | ||||||
13 | drive, or a restricted
driving permit issued under this | ||||||
14 | Code;
| ||||||
15 | 12. Has submitted to any portion of the application | ||||||
16 | process for
another person or has obtained the services of | ||||||
17 | another person to submit to
any portion of the application | ||||||
18 | process for the purpose of obtaining a
license, | ||||||
19 | identification card, or permit for some other person;
| ||||||
20 | 13. Has operated a motor vehicle upon a highway of this | ||||||
21 | State when
the person's driver's license or permit was | ||||||
22 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
23 | 14. Has committed a violation of Section 6-301, | ||||||
24 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
25 | 14B of the Illinois Identification Card
Act;
| ||||||
26 | 15. Has been convicted of violating Section 21-2 of the |
| |||||||
| |||||||
1 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
2 | to criminal trespass to vehicles in which case, the | ||||||
3 | suspension
shall be for one year;
| ||||||
4 | 16. Has been convicted of violating Section 11-204 of | ||||||
5 | this Code relating
to fleeing from a peace officer;
| ||||||
6 | 17. Has refused to submit to a test, or tests, as | ||||||
7 | required under Section
11-501.1 of this Code and the person | ||||||
8 | has not sought a hearing as
provided for in Section | ||||||
9 | 11-501.1;
| ||||||
10 | 18. Has, since issuance of a driver's license or | ||||||
11 | permit, been adjudged
to be afflicted with or suffering | ||||||
12 | from any mental disability or disease;
| ||||||
13 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
14 | of Section 6-101
relating to driving without a driver's | ||||||
15 | license;
| ||||||
16 | 20. Has been convicted of violating Section 6-104 | ||||||
17 | relating to
classification of driver's license;
| ||||||
18 | 21. Has been convicted of violating Section 11-402 of
| ||||||
19 | this Code relating to leaving the scene of an accident | ||||||
20 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
21 | which case the suspension shall be
for one year;
| ||||||
22 | 22. Has used a motor vehicle in violating paragraph | ||||||
23 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
24 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
25 | relating
to unlawful use of weapons, in which case the | ||||||
26 | suspension shall be for one
year;
|
| |||||||
| |||||||
1 | 23. Has, as a driver, been convicted of committing a | ||||||
2 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
3 | for a second or subsequent
time within one year of a | ||||||
4 | similar violation;
| ||||||
5 | 24. Has been convicted by a court-martial or punished | ||||||
6 | by non-judicial
punishment by military authorities of the | ||||||
7 | United States at a military
installation in Illinois or in | ||||||
8 | another state of or for a traffic related offense that is | ||||||
9 | the
same as or similar to an offense specified under | ||||||
10 | Section 6-205 or 6-206 of
this Code;
| ||||||
11 | 25. Has permitted any form of identification to be used | ||||||
12 | by another in
the application process in order to obtain or | ||||||
13 | attempt to obtain a license,
identification card, or | ||||||
14 | permit;
| ||||||
15 | 26. Has altered or attempted to alter a license or has | ||||||
16 | possessed an
altered license, identification card, or | ||||||
17 | permit;
| ||||||
18 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
19 | of 1934;
| ||||||
20 | 28. Has been convicted for a first time of the illegal | ||||||
21 | possession, while operating or
in actual physical control, | ||||||
22 | as a driver, of a motor vehicle, of any
controlled | ||||||
23 | substance prohibited under the Illinois Controlled | ||||||
24 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
25 | Control
Act, or any methamphetamine prohibited under the | ||||||
26 | Methamphetamine Control and Community Protection Act, in |
| |||||||
| |||||||
1 | which case the person's driving privileges shall be | ||||||
2 | suspended for
one year.
Any defendant found guilty of this | ||||||
3 | offense while operating a motor vehicle,
shall have an | ||||||
4 | entry made in the court record by the presiding judge that
| ||||||
5 | this offense did occur while the defendant was operating a | ||||||
6 | motor vehicle
and order the clerk of the court to report | ||||||
7 | the violation to the Secretary
of State;
| ||||||
8 | 29. Has been convicted of the following offenses that | ||||||
9 | were committed
while the person was operating or in actual | ||||||
10 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
11 | sexual assault,
predatory criminal sexual assault of a | ||||||
12 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
13 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
14 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
15 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
16 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
17 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
18 | delivery of controlled substances or instruments used for | ||||||
19 | illegal drug use
or abuse in which case the driver's | ||||||
20 | driving privileges shall be suspended
for one year;
| ||||||
21 | 30. Has been convicted a second or subsequent time for | ||||||
22 | any
combination of the offenses named in paragraph 29 of | ||||||
23 | this subsection,
in which case the person's driving | ||||||
24 | privileges shall be suspended for 5
years;
| ||||||
25 | 31. Has refused to submit to a test as
required by | ||||||
26 | Section 11-501.6 of this Code or Section 5-16c of the Boat |
| |||||||
| |||||||
1 | Registration and Safety Act or has submitted to a test | ||||||
2 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
3 | any amount of a drug, substance, or
compound resulting from | ||||||
4 | the unlawful use or consumption of cannabis as listed
in | ||||||
5 | the Cannabis Control Act, a controlled substance as listed | ||||||
6 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
7 | compound as listed in the Use of
Intoxicating Compounds | ||||||
8 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
9 | Control and Community Protection Act, in which case the | ||||||
10 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
11 | 32. Has been convicted of Section 24-1.2 of the | ||||||
12 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
13 | to the aggravated discharge of a firearm if the offender | ||||||
14 | was
located in a motor vehicle at the time the firearm was | ||||||
15 | discharged, in which
case the suspension shall be for 3 | ||||||
16 | years;
| ||||||
17 | 33. Has as a driver, who was less than 21 years of age | ||||||
18 | on the date of
the offense, been convicted a first time of | ||||||
19 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
20 | or a similar provision of a local ordinance;
| ||||||
21 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
22 | this Code or a similar provision of a local ordinance;
| ||||||
23 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
24 | this Code or a similar provision of a local ordinance;
| ||||||
25 | 36. Is under the age of 21 years at the time of arrest | ||||||
26 | and has been
convicted of not less than 2 offenses against |
| |||||||
| |||||||
1 | traffic regulations governing
the movement of vehicles | ||||||
2 | committed within any 24 month period. No revocation
or | ||||||
3 | suspension shall be entered more than 6 months after the | ||||||
4 | date of last
conviction;
| ||||||
5 | 37. Has committed a violation of subsection (c) of | ||||||
6 | Section 11-907 of this
Code that resulted in damage to the | ||||||
7 | property of another or the death or injury of another;
| ||||||
8 | 38. Has been convicted of a violation of Section 6-20 | ||||||
9 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
10 | a local ordinance;
| ||||||
11 | 39. Has committed a second or subsequent violation of | ||||||
12 | Section
11-1201 of this Code;
| ||||||
13 | 40. Has committed a violation of subsection (a-1) of | ||||||
14 | Section 11-908 of
this Code; | ||||||
15 | 41. Has committed a second or subsequent violation of | ||||||
16 | Section 11-605.1 of this Code, a similar provision of a | ||||||
17 | local ordinance, or a similar violation in any other state | ||||||
18 | within 2 years of the date of the previous violation, in | ||||||
19 | which case the suspension shall be for 90 days; | ||||||
20 | 42. Has committed a violation of subsection (a-1) of | ||||||
21 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
22 | local ordinance;
| ||||||
23 | 43. Has received a disposition of court supervision for | ||||||
24 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
25 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
26 | a local ordinance, in which case the suspension shall be |
| |||||||
| |||||||
1 | for a period of 3 months;
| ||||||
2 | 44.
Is under the age of 21 years at the time of arrest | ||||||
3 | and has been convicted of an offense against traffic | ||||||
4 | regulations governing the movement of vehicles after | ||||||
5 | having previously had his or her driving privileges
| ||||||
6 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
7 | Section; | ||||||
8 | 45.
Has, in connection with or during the course of a | ||||||
9 | formal hearing conducted under Section 2-118 of this Code: | ||||||
10 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
11 | falsified documents; (iii) submitted documents that have | ||||||
12 | been materially altered; or (iv) submitted, as his or her | ||||||
13 | own, documents that were in fact prepared or composed for | ||||||
14 | another person; | ||||||
15 | 46. Has committed a violation of subsection (j) of | ||||||
16 | Section 3-413 of this Code;
| ||||||
17 | 47. Has committed a violation of Section 11-502.1 of | ||||||
18 | this Code; | ||||||
19 | 48. Has submitted a falsified or altered medical | ||||||
20 | examiner's certificate to the Secretary of State or | ||||||
21 | provided false information to obtain a medical examiner's | ||||||
22 | certificate; or | ||||||
23 | 49. Has committed a violation of subsection (b-5) of | ||||||
24 | Section 12-610.2 that resulted in great bodily harm, | ||||||
25 | permanent disability, or disfigurement, in which case the | ||||||
26 | driving privileges shall be suspended for 12 months ; or . |
| |||||||
| |||||||
1 | 50. 49. Has been convicted of a violation of Section | ||||||
2 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
3 | another, in which case the person's driving privileges | ||||||
4 | shall be suspended for 12 months. | ||||||
5 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
6 | and 27 of this
subsection, license means any driver's license, | ||||||
7 | any traffic ticket issued when
the person's driver's license is | ||||||
8 | deposited in lieu of bail , a suspension
notice issued by the | ||||||
9 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
10 | a probationary driver's license or a temporary driver's | ||||||
11 | license. | ||||||
12 | (b) If any conviction forming the basis of a suspension or
| ||||||
13 | revocation authorized under this Section is appealed, the
| ||||||
14 | Secretary of State may rescind or withhold the entry of the | ||||||
15 | order of suspension
or revocation, as the case may be, provided | ||||||
16 | that a certified copy of a stay
order of a court is filed with | ||||||
17 | the Secretary of State. If the conviction is
affirmed on | ||||||
18 | appeal, the date of the conviction shall relate back to the | ||||||
19 | time
the original judgment of conviction was entered and the 6 | ||||||
20 | month limitation
prescribed shall not apply.
| ||||||
21 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
22 | permit of
any person as authorized in this Section, the | ||||||
23 | Secretary of State shall
immediately notify the person in | ||||||
24 | writing of the revocation or suspension.
The notice to be | ||||||
25 | deposited in the United States mail, postage prepaid,
to the | ||||||
26 | last known address of the person.
|
| |||||||
| |||||||
1 | 2. If the Secretary of State suspends the driver's license
| ||||||
2 | of a person under subsection 2 of paragraph (a) of this | ||||||
3 | Section, a
person's privilege to operate a vehicle as an | ||||||
4 | occupation shall not be
suspended, provided an affidavit is | ||||||
5 | properly completed, the appropriate fee
received, and a permit | ||||||
6 | issued prior to the effective date of the
suspension, unless 5 | ||||||
7 | offenses were committed, at least 2 of which occurred
while | ||||||
8 | operating a commercial vehicle in connection with the driver's
| ||||||
9 | regular occupation. All other driving privileges shall be | ||||||
10 | suspended by the
Secretary of State. Any driver prior to | ||||||
11 | operating a vehicle for
occupational purposes only must submit | ||||||
12 | the affidavit on forms to be
provided by the Secretary of State | ||||||
13 | setting forth the facts of the person's
occupation. The | ||||||
14 | affidavit shall also state the number of offenses
committed | ||||||
15 | while operating a vehicle in connection with the driver's | ||||||
16 | regular
occupation. The affidavit shall be accompanied by the | ||||||
17 | driver's license.
Upon receipt of a properly completed | ||||||
18 | affidavit, the Secretary of State
shall issue the driver a | ||||||
19 | permit to operate a vehicle in connection with the
driver's | ||||||
20 | regular occupation only. Unless the permit is issued by the
| ||||||
21 | Secretary of State prior to the date of suspension, the | ||||||
22 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
23 | forth in the notice that was
mailed under this Section. If an | ||||||
24 | affidavit is received subsequent to the
effective date of this | ||||||
25 | suspension, a permit may be issued for the remainder
of the | ||||||
26 | suspension period.
|
| |||||||
| |||||||
1 | The provisions of this subparagraph shall not apply to any | ||||||
2 | driver
required to possess a CDL for the purpose of operating a | ||||||
3 | commercial motor vehicle.
| ||||||
4 | Any person who falsely states any fact in the affidavit | ||||||
5 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
6 | and upon conviction
thereof shall have all driving privileges | ||||||
7 | revoked without further rights.
| ||||||
8 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
9 | this Code,
the Secretary of State shall either rescind or | ||||||
10 | continue an order of
revocation or shall substitute an order of | ||||||
11 | suspension; or, good
cause appearing therefor, rescind, | ||||||
12 | continue, change, or extend the
order of suspension. If the | ||||||
13 | Secretary of State does not rescind the order,
the Secretary | ||||||
14 | may upon application,
to relieve undue hardship (as defined by | ||||||
15 | the rules of the Secretary of State), issue
a restricted | ||||||
16 | driving permit granting the privilege of driving a motor
| ||||||
17 | vehicle between the petitioner's residence and petitioner's | ||||||
18 | place of
employment or within the scope of the petitioner's | ||||||
19 | employment related duties, or to
allow the petitioner to | ||||||
20 | transport himself or herself, or a family member of the
| ||||||
21 | petitioner's household to a medical facility, to receive | ||||||
22 | necessary medical care, to allow the petitioner to transport | ||||||
23 | himself or herself to and from alcohol or drug
remedial or | ||||||
24 | rehabilitative activity recommended by a licensed service | ||||||
25 | provider, or to allow the petitioner to transport himself or | ||||||
26 | herself or a family member of the petitioner's household to |
| |||||||
| |||||||
1 | classes, as a student, at an accredited educational | ||||||
2 | institution, or to allow the petitioner to transport children, | ||||||
3 | elderly persons, or persons with disabilities who do not hold | ||||||
4 | driving privileges and are living in the petitioner's household | ||||||
5 | to and from daycare. The
petitioner must demonstrate that no | ||||||
6 | alternative means of
transportation is reasonably available | ||||||
7 | and that the petitioner will not endanger
the public safety or | ||||||
8 | welfare.
| ||||||
9 | (A) If a person's license or permit is revoked or | ||||||
10 | suspended due to 2
or more convictions of violating Section | ||||||
11 | 11-501 of this Code or a similar
provision of a local | ||||||
12 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
13 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
14 | where the use of alcohol or other drugs is recited as an | ||||||
15 | element of the offense, or a similar out-of-state offense, | ||||||
16 | or a combination of these offenses, arising out
of separate | ||||||
17 | occurrences, that person, if issued a restricted driving | ||||||
18 | permit,
may not operate a vehicle unless it has been | ||||||
19 | equipped with an ignition
interlock device as defined in | ||||||
20 | Section 1-129.1.
| ||||||
21 | (B) If a person's license or permit is revoked or | ||||||
22 | suspended 2 or more
times due to any combination of: | ||||||
23 | (i) a single conviction of violating Section
| ||||||
24 | 11-501 of this Code or a similar provision of a local | ||||||
25 | ordinance or a similar
out-of-state offense or Section | ||||||
26 | 9-3 of the Criminal Code of 1961 or the Criminal Code |
| |||||||
| |||||||
1 | of 2012, where the use of alcohol or other drugs is | ||||||
2 | recited as an element of the offense, or a similar | ||||||
3 | out-of-state offense; or | ||||||
4 | (ii) a statutory summary suspension or revocation | ||||||
5 | under Section
11-501.1; or | ||||||
6 | (iii) a suspension under Section 6-203.1; | ||||||
7 | arising out of
separate occurrences; that person, if issued | ||||||
8 | a restricted driving permit, may
not operate a vehicle | ||||||
9 | unless it has been
equipped with an ignition interlock | ||||||
10 | device as defined in Section 1-129.1. | ||||||
11 | (B-5) If a person's license or permit is revoked or | ||||||
12 | suspended due to a conviction for a violation of | ||||||
13 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
14 | of Section 11-501 of this Code, or a similar provision of a | ||||||
15 | local ordinance or similar out-of-state offense, that | ||||||
16 | person, if issued a restricted driving permit, may not | ||||||
17 | operate a vehicle unless it has been equipped with an | ||||||
18 | ignition interlock device as defined in Section 1-129.1. | ||||||
19 | (C)
The person issued a permit conditioned upon the use | ||||||
20 | of an ignition interlock device must pay to the Secretary | ||||||
21 | of State DUI Administration Fund an amount
not to exceed | ||||||
22 | $30 per month. The Secretary shall establish by rule the | ||||||
23 | amount
and the procedures, terms, and conditions relating | ||||||
24 | to these fees. | ||||||
25 | (D) If the
restricted driving permit is issued for | ||||||
26 | employment purposes, then the prohibition against |
| |||||||
| |||||||
1 | operating a motor vehicle that is not equipped with an | ||||||
2 | ignition interlock device does not apply to the operation | ||||||
3 | of an occupational vehicle owned or
leased by that person's | ||||||
4 | employer when used solely for employment purposes. For any | ||||||
5 | person who, within a 5-year period, is convicted of a | ||||||
6 | second or subsequent offense under Section 11-501 of this | ||||||
7 | Code, or a similar provision of a local ordinance or | ||||||
8 | similar out-of-state offense, this employment exemption | ||||||
9 | does not apply until either a one-year period has elapsed | ||||||
10 | during which that person had his or her driving privileges | ||||||
11 | revoked or a one-year period has elapsed during which that | ||||||
12 | person had a restricted driving permit which required the | ||||||
13 | use of an ignition interlock device on every motor vehicle | ||||||
14 | owned or operated by that person. | ||||||
15 | (E) In each case the Secretary may issue a
restricted | ||||||
16 | driving permit for a period deemed appropriate, except that | ||||||
17 | all
permits shall expire no later than 2 years from the | ||||||
18 | date of issuance. A
restricted driving permit issued under | ||||||
19 | this Section shall be subject to
cancellation, revocation, | ||||||
20 | and suspension by the Secretary of State in like
manner and | ||||||
21 | for like cause as a driver's license issued under this Code | ||||||
22 | may be
cancelled, revoked, or suspended; except that a | ||||||
23 | conviction upon one or more
offenses against laws or | ||||||
24 | ordinances regulating the movement of traffic
shall be | ||||||
25 | deemed sufficient cause for the revocation, suspension, or
| ||||||
26 | cancellation of a restricted driving permit. The Secretary |
| |||||||
| |||||||
1 | of State may, as
a condition to the issuance of a | ||||||
2 | restricted driving permit, require the
applicant to | ||||||
3 | participate in a designated driver remedial or | ||||||
4 | rehabilitative
program. The Secretary of State is | ||||||
5 | authorized to cancel a restricted
driving permit if the | ||||||
6 | permit holder does not successfully complete the program.
| ||||||
7 | (F) A person subject to the provisions of paragraph 4 | ||||||
8 | of subsection (b) of Section 6-208 of this Code may make | ||||||
9 | application for a restricted driving permit at a hearing | ||||||
10 | conducted under Section 2-118 of this Code after the | ||||||
11 | expiration of 5 years from the effective date of the most | ||||||
12 | recent revocation or after 5 years from the date of release | ||||||
13 | from a period of imprisonment resulting from a conviction | ||||||
14 | of the most recent offense, whichever is later, provided | ||||||
15 | the person, in addition to all other requirements of the | ||||||
16 | Secretary, shows by clear and convincing evidence: | ||||||
17 | (i) a minimum of 3 years of uninterrupted | ||||||
18 | abstinence from alcohol and the unlawful use or | ||||||
19 | consumption of cannabis under the Cannabis Control | ||||||
20 | Act, a controlled substance under the Illinois | ||||||
21 | Controlled Substances Act, an intoxicating compound | ||||||
22 | under the Use of Intoxicating Compounds Act, or | ||||||
23 | methamphetamine under the Methamphetamine Control and | ||||||
24 | Community Protection Act; and | ||||||
25 | (ii) the successful completion of any | ||||||
26 | rehabilitative treatment and involvement in any |
| |||||||
| |||||||
1 | ongoing rehabilitative activity that may be | ||||||
2 | recommended by a properly licensed service provider | ||||||
3 | according to an assessment of the person's alcohol or | ||||||
4 | drug use under Section 11-501.01 of this Code. | ||||||
5 | In determining whether an applicant is eligible for a | ||||||
6 | restricted driving permit under this subparagraph (F), the | ||||||
7 | Secretary may consider any relevant evidence, including, | ||||||
8 | but not limited to, testimony, affidavits, records, and the | ||||||
9 | results of regular alcohol or drug tests. Persons subject | ||||||
10 | to the provisions of paragraph 4 of subsection (b) of | ||||||
11 | Section 6-208 of this Code and who have been convicted of | ||||||
12 | more than one violation of paragraph (3), paragraph (4), or | ||||||
13 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
14 | Code shall not be eligible to apply for a restricted | ||||||
15 | driving permit under this subparagraph (F). | ||||||
16 | A restricted driving permit issued under this | ||||||
17 | subparagraph (F) shall provide that the holder may only | ||||||
18 | operate motor vehicles equipped with an ignition interlock | ||||||
19 | device as required under paragraph (2) of subsection (c) of | ||||||
20 | Section 6-205 of this Code and subparagraph (A) of | ||||||
21 | paragraph 3 of subsection (c) of this Section. The | ||||||
22 | Secretary may revoke a restricted driving permit or amend | ||||||
23 | the conditions of a restricted driving permit issued under | ||||||
24 | this subparagraph (F) if the holder operates a vehicle that | ||||||
25 | is not equipped with an ignition interlock device, or for | ||||||
26 | any other reason authorized under this Code. |
| |||||||
| |||||||
1 | A restricted driving permit issued under this | ||||||
2 | subparagraph (F) shall be revoked, and the holder barred | ||||||
3 | from applying for or being issued a restricted driving | ||||||
4 | permit in the future, if the holder is convicted of a | ||||||
5 | violation of Section 11-501 of this Code, a similar | ||||||
6 | provision of a local ordinance, or a similar offense in | ||||||
7 | another state. | ||||||
8 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
9 | subsection (a), reports received by the Secretary of State | ||||||
10 | under this Section shall, except during the actual time the | ||||||
11 | suspension is in effect, be privileged information and for use | ||||||
12 | only by the courts, police officers, prosecuting authorities, | ||||||
13 | the driver licensing administrator of any other state, the | ||||||
14 | Secretary of State, or the parent or legal guardian of a driver | ||||||
15 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
16 | person is a CDL holder, the suspension shall also be made | ||||||
17 | available to the driver licensing administrator of any other | ||||||
18 | state, the U.S. Department of Transportation, and the affected | ||||||
19 | driver or motor
carrier or prospective motor carrier upon | ||||||
20 | request.
| ||||||
21 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
22 | subsection (a), the Secretary of State shall notify the person | ||||||
23 | by mail that his or her driving privileges and driver's license | ||||||
24 | will be suspended one month after the date of the mailing of | ||||||
25 | the notice.
| ||||||
26 | (c-5) The Secretary of State may, as a condition of the |
| |||||||
| |||||||
1 | reissuance of a
driver's license or permit to an applicant | ||||||
2 | whose driver's license or permit has
been suspended before he | ||||||
3 | or she reached the age of 21 years pursuant to any of
the | ||||||
4 | provisions of this Section, require the applicant to | ||||||
5 | participate in a
driver remedial education course and be | ||||||
6 | retested under Section 6-109 of this
Code.
| ||||||
7 | (d) This Section is subject to the provisions of the | ||||||
8 | Drivers License
Compact.
| ||||||
9 | (e) The Secretary of State shall not issue a restricted | ||||||
10 | driving permit to
a person under the age of 16 years whose | ||||||
11 | driving privileges have been suspended
or revoked under any | ||||||
12 | provisions of this Code.
| ||||||
13 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
14 | State may not issue a restricted driving permit for the | ||||||
15 | operation of a commercial motor vehicle to a person holding a | ||||||
16 | CDL whose driving privileges have been suspended, revoked, | ||||||
17 | cancelled, or disqualified under any provisions of this Code. | ||||||
18 | (Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20; | ||||||
19 | 101-470, eff. 7-1-20; revised 9-23-19.)
| ||||||
20 | (625 ILCS 5/6-308) | ||||||
21 | Sec. 6-308. Procedures for traffic violations. | ||||||
22 | (a) Any person cited for violating this Code or a similar | ||||||
23 | provision of a local ordinance for which a violation is a petty | ||||||
24 | offense as defined by Section 5-1-17 of the Unified Code of | ||||||
25 | Corrections, excluding business offenses as defined by Section |
| |||||||
| |||||||
1 | 5-1-2 of the Unified Code of Corrections or a violation of | ||||||
2 | Section 15-111 or subsection (d) of Section 3-401 of this Code, | ||||||
3 | shall not be required to sign the citation or post bond to | ||||||
4 | secure bail for his or her release. All other provisions of | ||||||
5 | this Code or similar provisions of local ordinances shall be | ||||||
6 | governed by the pretrial release bail provisions of the | ||||||
7 | Illinois Supreme Court Rules when it is not practical or | ||||||
8 | feasible to take the person before a judge to have conditions | ||||||
9 | of pretrial release bail set or to avoid undue delay because of | ||||||
10 | the hour or circumstances. | ||||||
11 | (b) Whenever a person fails to appear in court, the court | ||||||
12 | may continue the case for a minimum of 30 days and the clerk of | ||||||
13 | the court shall send notice of the continued court date to the | ||||||
14 | person's last known address. If the person does not appear in | ||||||
15 | court on or before the continued court date or satisfy the | ||||||
16 | court that the person's appearance in and surrender to the | ||||||
17 | court is impossible for no fault of the person, the court shall | ||||||
18 | enter an order of failure to appear. The clerk of the court | ||||||
19 | shall notify the Secretary of State, on a report prescribed by | ||||||
20 | the Secretary, of the court's order. The Secretary, when | ||||||
21 | notified by the clerk of the court that an order of failure to | ||||||
22 | appear has been entered, shall immediately suspend the person's | ||||||
23 | driver's license, which shall be designated by the Secretary as | ||||||
24 | a Failure to Appear suspension. The Secretary shall not remove | ||||||
25 | the suspension, nor issue any permit or privileges to the | ||||||
26 | person whose license has been suspended, until notified by the |
| |||||||
| |||||||
1 | ordering court that the person has appeared and resolved the | ||||||
2 | violation. Upon compliance, the clerk of the court shall | ||||||
3 | present the person with a notice of compliance containing the | ||||||
4 | seal of the court, and shall notify the Secretary that the | ||||||
5 | person has appeared and resolved the violation. | ||||||
6 | (c) Illinois Supreme Court Rules shall govern pretrial | ||||||
7 | release bail and appearance procedures when a person who is a | ||||||
8 | resident of another state that is not a member of the | ||||||
9 | Nonresident Violator Compact of 1977 is cited for violating | ||||||
10 | this Code or a similar provision of a local ordinance.
| ||||||
11 | (Source: P.A. 100-674, eff. 1-1-19 .)
| ||||||
12 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| ||||||
13 | Sec. 6-500. Definitions of words and phrases. | ||||||
14 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
15 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
16 | Act
(UCDLA), the words and phrases listed below have the | ||||||
17 | meanings
ascribed to them as follows:
| ||||||
18 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
19 | form of
alcohol, including but not limited to ethanol,
| ||||||
20 | methanol,
propanol, and
isopropanol.
| ||||||
21 | (2) Alcohol concentration. "Alcohol concentration" means:
| ||||||
22 | (A) the number of grams of alcohol per 210 liters of | ||||||
23 | breath;
or
| ||||||
24 | (B) the number of grams of alcohol per 100 milliliters | ||||||
25 | of
blood; or
|
| |||||||
| |||||||
1 | (C) the number of grams of alcohol per 67 milliliters | ||||||
2 | of
urine.
| ||||||
3 | Alcohol tests administered within 2 hours of the driver | ||||||
4 | being
"stopped or detained" shall be considered that driver's | ||||||
5 | "alcohol
concentration" for the purposes of enforcing this | ||||||
6 | UCDLA.
| ||||||
7 | (3) (Blank).
| ||||||
8 | (4) (Blank).
| ||||||
9 | (5) (Blank).
| ||||||
10 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
11 | electronic record of the individual CDL driver's status and | ||||||
12 | history stored by the State-of-Record as part of the Commercial | ||||||
13 | Driver's License Information System, or CDLIS, established | ||||||
14 | under 49 U.S.C. 31309. | ||||||
15 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
16 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
17 | driver record meeting the requirements for access to CDLIS | ||||||
18 | information and provided by states to users authorized in 49 | ||||||
19 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
20 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
21 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
22 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
23 | (A) a state allows the driver to change his or her | ||||||
24 | self-certification to interstate, but operating | ||||||
25 | exclusively in transportation or operation excepted from | ||||||
26 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), |
| |||||||
| |||||||
1 | 391.2, 391.68, or 398.3; | ||||||
2 | (B) a state allows the driver to change his or her | ||||||
3 | self-certification to intrastate only, if the driver | ||||||
4 | qualifies under that state's physical qualification | ||||||
5 | requirements for intrastate only; | ||||||
6 | (C) a state allows the driver to change his or her | ||||||
7 | certification to intrastate, but operating exclusively in | ||||||
8 | transportation or operations excepted from all or part of | ||||||
9 | the state driver qualification requirements; or | ||||||
10 | (D) a state removes the CDL privilege from the driver | ||||||
11 | license. | ||||||
12 | (6) Commercial Motor Vehicle.
| ||||||
13 | (A) "Commercial motor vehicle" or "CMV" means
a motor | ||||||
14 | vehicle or combination of motor vehicles used in commerce, | ||||||
15 | except those referred to in subdivision (B), designed
to | ||||||
16 | transport passengers or property if the motor vehicle:
| ||||||
17 | (i) has a gross combination weight rating or gross | ||||||
18 | combination weight of 11,794 kilograms or more (26,001 | ||||||
19 | pounds or more), whichever is greater, inclusive of any | ||||||
20 | towed unit with a gross vehicle weight rating or
gross | ||||||
21 | vehicle weight of more than 4,536 kilograms (10,000 | ||||||
22 | pounds), whichever is greater; or
| ||||||
23 | (i-5) has a gross vehicle weight rating or gross | ||||||
24 | vehicle weight of 11,794 or more kilograms (26,001 | ||||||
25 | pounds or more), whichever is greater; or | ||||||
26 | (ii) is designed to transport 16 or more
persons, |
| |||||||
| |||||||
1 | including the driver;
or
| ||||||
2 | (iii) is of any size and is used in transporting | ||||||
3 | hazardous materials as defined in 49 C.F.R. 383.5.
| ||||||
4 | (B) Pursuant to the interpretation of the Commercial | ||||||
5 | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||||||
6 | Administration, the definition of
"commercial motor | ||||||
7 | vehicle" does not include:
| ||||||
8 | (i) recreational vehicles, when operated primarily | ||||||
9 | for personal use;
| ||||||
10 | (ii) vehicles owned by or operated under the | ||||||
11 | direction of the United States Department of Defense or | ||||||
12 | the United States Coast Guard only when operated by
| ||||||
13 | non-civilian personnel. This includes any operator on | ||||||
14 | active military
duty; members of the Reserves; | ||||||
15 | National Guard; personnel on part-time
training; and | ||||||
16 | National Guard military technicians (civilians who are
| ||||||
17 | required to wear military uniforms and are subject to | ||||||
18 | the Code of Military
Justice); or
| ||||||
19 | (iii) firefighting, police, and other emergency | ||||||
20 | equipment (including, without limitation, equipment | ||||||
21 | owned or operated by a HazMat or technical rescue team | ||||||
22 | authorized by a county board under Section 5-1127 of | ||||||
23 | the Counties Code), with audible and
visual signals, | ||||||
24 | owned or operated
by or for a
governmental entity, | ||||||
25 | which is necessary to the preservation of life or
| ||||||
26 | property or the execution of emergency governmental |
| |||||||
| |||||||
1 | functions which are
normally not subject to general | ||||||
2 | traffic rules and regulations.
| ||||||
3 | (7) Controlled Substance. "Controlled substance" shall | ||||||
4 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
5 | Controlled Substances Act,
and shall also include cannabis as | ||||||
6 | defined in Section 3 of the Cannabis Control
Act and | ||||||
7 | methamphetamine as defined in Section 10 of the Methamphetamine | ||||||
8 | Control and Community Protection Act.
| ||||||
9 | (8) Conviction. "Conviction" means an unvacated | ||||||
10 | adjudication of guilt
or a determination that a person has | ||||||
11 | violated or failed to comply with the
law in a court of | ||||||
12 | original jurisdiction or by an authorized administrative
| ||||||
13 | tribunal; an unvacated revocation of pretrial release | ||||||
14 | forfeiture of bail or collateral deposited to secure
the | ||||||
15 | person's appearance in court ; a plea of guilty or nolo | ||||||
16 | contendere accepted by the court; the payment of a fine or | ||||||
17 | court cost
regardless of whether the imposition of sentence is | ||||||
18 | deferred and ultimately
a judgment dismissing the underlying | ||||||
19 | charge is entered; or a violation of a
condition of pretrial | ||||||
20 | release without bail , regardless of whether or not the penalty
| ||||||
21 | is rebated, suspended or probated.
| ||||||
22 | (8.5) Day. "Day" means calendar day.
| ||||||
23 | (9) (Blank).
| ||||||
24 | (10) (Blank).
| ||||||
25 | (11) (Blank).
| ||||||
26 | (12) (Blank).
|
| |||||||
| |||||||
1 | (13) Driver. "Driver" means any person who drives, | ||||||
2 | operates, or is in
physical control of a commercial motor | ||||||
3 | vehicle, any person who is required to hold a
CDL, or any | ||||||
4 | person who is a holder of a CDL while operating a | ||||||
5 | non-commercial motor vehicle.
| ||||||
6 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
7 | individual who applies to a state or other jurisdiction to | ||||||
8 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
9 | a CLP.
| ||||||
10 | (13.8) Electronic device. "Electronic device" includes, | ||||||
11 | but is not limited to, a cellular telephone, personal digital | ||||||
12 | assistant, pager, computer, or any other device used to input, | ||||||
13 | write, send, receive, or read text. | ||||||
14 | (14) Employee. "Employee" means a person who is employed as | ||||||
15 | a
commercial
motor vehicle driver. A person who is | ||||||
16 | self-employed as a commercial motor
vehicle driver must comply | ||||||
17 | with the requirements of this UCDLA
pertaining to employees. An
| ||||||
18 | owner-operator on a long-term lease shall be considered an | ||||||
19 | employee.
| ||||||
20 | (15) Employer. "Employer" means a person (including the | ||||||
21 | United
States, a State or a local authority) who owns or leases | ||||||
22 | a commercial motor
vehicle or assigns employees to operate such | ||||||
23 | a vehicle. A person who is
self-employed as a commercial motor | ||||||
24 | vehicle driver must
comply with the requirements of this UCDLA.
| ||||||
25 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
26 | to an individual's CLP or CDL required to permit the individual |
| |||||||
| |||||||
1 | to operate certain types of commercial motor vehicles. | ||||||
2 | (15.2) Entry-level driver training. "Entry-level driver | ||||||
3 | training" means the training an entry-level driver receives | ||||||
4 | from an entity listed on the Federal Motor Carrier Safety | ||||||
5 | Administration's Training Provider Registry prior to: (i) | ||||||
6 | taking the CDL skills test required to receive the Class A or | ||||||
7 | Class B CDL for the first time; (ii) taking the CDL skills test | ||||||
8 | required to upgrade to a Class A or Class B CDL; or (iii) | ||||||
9 | taking the CDL skills test required to obtain a passenger or | ||||||
10 | school bus endorsement for the first time or the CDL knowledge | ||||||
11 | test required to obtain a hazardous materials endorsement for | ||||||
12 | the first time. | ||||||
13 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
14 | person who operates or expects to operate in interstate | ||||||
15 | commerce, but engages exclusively in transportation or | ||||||
16 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | ||||||
17 | 398.3 from all or part of the qualification requirements of 49 | ||||||
18 | C.F.R. Part 391 and is not required to obtain a medical | ||||||
19 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
20 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
21 | person who operates in intrastate commerce but engages | ||||||
22 | exclusively in transportation or operations excepted from all | ||||||
23 | or parts of the state driver qualification requirements. | ||||||
24 | (16) (Blank).
| ||||||
25 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
26 | a result of a motor vehicle accident.
|
| |||||||
| |||||||
1 | (16.7) Foreign commercial driver. "Foreign commercial | ||||||
2 | driver" means a person licensed to operate a commercial motor | ||||||
3 | vehicle by an authority outside the United States, or a citizen | ||||||
4 | of a foreign country who operates a commercial motor vehicle in | ||||||
5 | the United States. | ||||||
6 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
7 | sovereign
jurisdiction that does not fall within the definition | ||||||
8 | of "State".
| ||||||
9 | (18) (Blank).
| ||||||
10 | (19) (Blank).
| ||||||
11 | (20) Hazardous materials. "Hazardous material" means any | ||||||
12 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
13 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
14 | or any quantity of a material listed as a select agent or toxin | ||||||
15 | in 42 C.F.R. part 73.
| ||||||
16 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
17 | existence of any condition of a vehicle, employee, or | ||||||
18 | commercial motor vehicle operations that substantially | ||||||
19 | increases the likelihood of serious injury or death if not | ||||||
20 | discontinued immediately; or a condition relating to hazardous | ||||||
21 | material that presents a substantial likelihood that death, | ||||||
22 | serious illness, severe personal injury, or a substantial | ||||||
23 | endangerment to health, property, or the environment may occur | ||||||
24 | before the reasonably foreseeable completion date of a formal | ||||||
25 | proceeding begun to lessen the risk of that death, illness, | ||||||
26 | injury or endangerment.
|
| |||||||
| |||||||
1 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
2 | transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | ||||||
3 | CLP or CDL. | ||||||
4 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
5 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
6 | non-domiciled CDL. | ||||||
7 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
8 | commercial
motor vehicle by the owner-lessor to a lessee, for a | ||||||
9 | period of more than 29
days.
| ||||||
10 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
11 | transmission utilizing a driver-operated clutch that is | ||||||
12 | activated by a pedal or lever and a gear-shift mechanism | ||||||
13 | operated either by hand or foot including those known as a | ||||||
14 | stick shift, stick, straight drive, or standard transmission. | ||||||
15 | All other transmissions, whether semi-automatic or automatic, | ||||||
16 | shall be considered automatic for the purposes of the | ||||||
17 | standardized restriction code. | ||||||
18 | (21.1) Medical examiner. "Medical examiner" means an | ||||||
19 | individual certified by the Federal Motor Carrier Safety | ||||||
20 | Administration and listed on the National Registry of Certified | ||||||
21 | Medical Examiners in accordance with Federal Motor Carrier | ||||||
22 | Safety Regulations, 49 CFR 390.101 et seq. | ||||||
23 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
24 | certificate" means either (1) prior to June 22, 2021, a | ||||||
25 | document prescribed or approved by the Secretary of State that | ||||||
26 | is issued by a medical examiner to a driver to medically |
| |||||||
| |||||||
1 | qualify him or her to drive; or (2) beginning June 22, 2021, an | ||||||
2 | electronic submission of results of an examination conducted by | ||||||
3 | a medical examiner listed on the National Registry of Certified | ||||||
4 | Medical Examiners to the Federal Motor Carrier Safety | ||||||
5 | Administration of a driver to medically qualify him or her to | ||||||
6 | drive. | ||||||
7 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
8 | has received one of the following from the Federal Motor | ||||||
9 | Carrier Safety Administration which allows the driver to be | ||||||
10 | issued a medical certificate: (1) an exemption letter | ||||||
11 | permitting operation of a commercial motor vehicle pursuant to | ||||||
12 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
13 | skill performance evaluation (SPE) certificate permitting | ||||||
14 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
15 | 391.49. | ||||||
16 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
17 | communication device that falls under or uses any commercial | ||||||
18 | mobile radio service, as defined in regulations of the Federal | ||||||
19 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
20 | two-way or citizens band radio services. | ||||||
21 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
22 | which is self-propelled, and every vehicle which is propelled | ||||||
23 | by electric
power obtained from over head trolley wires but not | ||||||
24 | operated upon rails,
except vehicles moved solely by human | ||||||
25 | power and motorized wheel chairs.
| ||||||
26 | (22.2) Motor vehicle record. "Motor vehicle record" means a |
| |||||||
| |||||||
1 | report of the driving status and history of a driver generated | ||||||
2 | from the driver record provided to users, such as drivers or | ||||||
3 | employers, and is subject to the provisions of the Driver | ||||||
4 | Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
5 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
6 | combination of motor vehicles not defined by the term | ||||||
7 | "commercial motor vehicle" or "CMV" in this Section.
| ||||||
8 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
9 | means a person who operates or expects to operate in interstate | ||||||
10 | commerce, is subject to and meets the qualification | ||||||
11 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
12 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
13 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
14 | means a person who operates only in intrastate commerce and is | ||||||
15 | subject to State driver qualification requirements. | ||||||
16 | (23) Non-domiciled CLP or Non-domiciled CDL. | ||||||
17 | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | ||||||
18 | respectively, issued by a state or other jurisdiction under | ||||||
19 | either of the following two conditions: | ||||||
20 | (i) to an individual domiciled in a foreign country | ||||||
21 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
22 | of the Federal Motor Carrier Safety Administration.
| ||||||
23 | (ii) to an individual domiciled in another state | ||||||
24 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
25 | of the Federal Motor Carrier Safety Administration.
| ||||||
26 | (24) (Blank).
|
| |||||||
| |||||||
1 | (25) (Blank).
| ||||||
2 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
3 | "Railroad-highway
grade
crossing violation" means a
violation, | ||||||
4 | while operating a commercial motor vehicle, of
any
of the | ||||||
5 | following:
| ||||||
6 | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
| ||||||
7 | (B) Any other similar
law or local ordinance of any | ||||||
8 | state relating to
railroad-highway grade crossing.
| ||||||
9 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
10 | vehicle used to transport pre-primary, primary, or secondary | ||||||
11 | school students from home to school, from school to home, or to | ||||||
12 | and from school-sponsored events. "School bus" does not include | ||||||
13 | a bus used as a common carrier.
| ||||||
14 | (26) Serious Traffic Violation. "Serious traffic | ||||||
15 | violation"
means:
| ||||||
16 | (A) a conviction when operating a commercial motor | ||||||
17 | vehicle, or when operating a non-CMV while holding a CLP or | ||||||
18 | CDL,
of:
| ||||||
19 | (i) a violation relating to excessive speeding,
| ||||||
20 | involving a single speeding charge of 15 miles per hour | ||||||
21 | or more above the
legal speed limit; or
| ||||||
22 | (ii) a violation relating to reckless driving; or
| ||||||
23 | (iii) a violation of any State law or local | ||||||
24 | ordinance relating to motor
vehicle traffic control | ||||||
25 | (other than parking violations) arising in
connection | ||||||
26 | with a fatal traffic accident; or
|
| |||||||
| |||||||
1 | (iv) a violation of Section 6-501, relating to | ||||||
2 | having multiple driver's
licenses; or
| ||||||
3 | (v) a violation of paragraph (a) of Section 6-507, | ||||||
4 | relating to the
requirement to have a valid CLP or CDL; | ||||||
5 | or
| ||||||
6 | (vi) a violation relating to improper or erratic | ||||||
7 | traffic lane changes;
or
| ||||||
8 | (vii) a violation relating to following another | ||||||
9 | vehicle too closely; or
| ||||||
10 | (viii) a violation relating to texting while | ||||||
11 | driving; or | ||||||
12 | (ix) a violation relating to the use of a hand-held | ||||||
13 | mobile telephone while driving; or | ||||||
14 | (B) any other similar violation of a law or local
| ||||||
15 | ordinance of any state relating to motor vehicle traffic | ||||||
16 | control, other
than a parking violation, which the | ||||||
17 | Secretary of State determines by
administrative rule to be | ||||||
18 | serious.
| ||||||
19 | (27) State. "State" means a state of the United States, the | ||||||
20 | District of
Columbia and any province or territory of Canada.
| ||||||
21 | (28) (Blank).
| ||||||
22 | (29) (Blank).
| ||||||
23 | (30) (Blank).
| ||||||
24 | (31) (Blank).
| ||||||
25 | (32) Texting. "Texting" means manually entering | ||||||
26 | alphanumeric text into, or reading text from, an electronic |
| |||||||
| |||||||
1 | device. | ||||||
2 | (1) Texting includes, but is not limited to, short | ||||||
3 | message service, emailing, instant messaging, a command or | ||||||
4 | request to access a World Wide Web page, pressing more than | ||||||
5 | a single button to initiate or terminate a voice | ||||||
6 | communication using a mobile telephone, or engaging in any | ||||||
7 | other form of electronic text retrieval or entry for | ||||||
8 | present or future communication. | ||||||
9 | (2) Texting does not include: | ||||||
10 | (i) inputting, selecting, or reading information | ||||||
11 | on a global positioning system or navigation system; or | ||||||
12 | (ii) pressing a single button to initiate or | ||||||
13 | terminate a voice communication using a mobile | ||||||
14 | telephone; or | ||||||
15 | (iii) using a device capable of performing | ||||||
16 | multiple functions (for example, a fleet management | ||||||
17 | system, dispatching device, smart phone, citizens band | ||||||
18 | radio, or music player) for a purpose that is not | ||||||
19 | otherwise prohibited by Part 392 of the Federal Motor | ||||||
20 | Carrier Safety Regulations. | ||||||
21 | (32.3) Third party skills test examiner. "Third party | ||||||
22 | skills test examiner" means a person employed by a third party | ||||||
23 | tester who is authorized by the State to administer the CDL | ||||||
24 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
25 | (32.5) Third party tester. "Third party tester" means a | ||||||
26 | person (including, but not limited to, another state, a motor |
| |||||||
| |||||||
1 | carrier, a private driver training facility or other private | ||||||
2 | institution, or a department, agency, or instrumentality of a | ||||||
3 | local government) authorized by the State to employ skills test | ||||||
4 | examiners to administer the CDL skills tests specified in 49 | ||||||
5 | C.F.R. Part 383, subparts G and H. | ||||||
6 | (32.7) United States. "United States" means the 50 states | ||||||
7 | and the District of Columbia. | ||||||
8 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
9 | mobile telephone" means: | ||||||
10 | (1) using at least one hand to hold a mobile telephone | ||||||
11 | to conduct a voice communication; | ||||||
12 | (2) dialing or answering a mobile telephone by pressing | ||||||
13 | more than a single button; or | ||||||
14 | (3) reaching for a mobile telephone in a manner that | ||||||
15 | requires a driver to maneuver so that he or she is no | ||||||
16 | longer in a seated driving position, restrained by a seat | ||||||
17 | belt that is installed in accordance with 49 CFR 393.93 and | ||||||
18 | adjusted in accordance with the vehicle manufacturer's | ||||||
19 | instructions. | ||||||
20 | (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20 .)
| ||||||
21 | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
| ||||||
22 | Sec. 6-601. Penalties.
| ||||||
23 | (a) It is a petty offense for any person to violate any of | ||||||
24 | the
provisions of this Chapter unless such violation is by this | ||||||
25 | Code or other
law of this State declared to be a misdemeanor or |
| |||||||
| |||||||
1 | a felony.
| ||||||
2 | (b) General penalties. Unless another penalty is in this | ||||||
3 | Code
or other laws of this State, every person convicted of a | ||||||
4 | petty
offense for the violation of any provision of this | ||||||
5 | Chapter shall be
punished by a fine of not more than $500.
| ||||||
6 | (c) Unlicensed driving. Except as hereinafter provided a | ||||||
7 | violation
of Section 6-101 shall be:
| ||||||
8 | 1. A Class A misdemeanor if the person failed to obtain | ||||||
9 | a driver's
license or permit after expiration of a period | ||||||
10 | of revocation.
| ||||||
11 | 2. A Class B misdemeanor if the person has been issued | ||||||
12 | a driver's license
or permit, which has expired, and if the | ||||||
13 | period of expiration is greater than
one year; or if the | ||||||
14 | person has never been issued a driver's license or permit,
| ||||||
15 | or is not qualified to obtain a driver's license or permit | ||||||
16 | because of his age.
| ||||||
17 | 3. A petty offense if the person has been issued a | ||||||
18 | temporary visitor's driver's license or permit and is | ||||||
19 | unable to provide proof of liability insurance as provided | ||||||
20 | in subsection (d-5) of Section 6-105.1. | ||||||
21 | If a licensee under this Code is convicted of violating | ||||||
22 | Section 6-303 for
operating a motor vehicle during a time when | ||||||
23 | such licensee's driver's license
was suspended under the | ||||||
24 | provisions of Section 6-306.3 or 6-308, then such act shall be
| ||||||
25 | a petty offense (provided the licensee has answered the charge | ||||||
26 | which was the
basis of the suspension under Section 6-306.3 or |
| |||||||
| |||||||
1 | 6-308), and there shall be imposed no
additional like period of | ||||||
2 | suspension as provided in paragraph (b) of Section
6-303.
| ||||||
3 | (d) For violations of this Code or a similar provision of a | ||||||
4 | local ordinance for which a violation is a petty offense as | ||||||
5 | defined by Section 5-1-17 of the Unified Code of Corrections, | ||||||
6 | excluding business offenses as defined by Section 5-1-2 of the | ||||||
7 | Unified Code of Corrections or a violation of Section 15-111 or | ||||||
8 | subsection (d) of Section 3-401 of this Code, if the violation | ||||||
9 | may be satisfied without a court appearance, the violator may, | ||||||
10 | pursuant to Supreme Court Rule, satisfy the case with a written | ||||||
11 | plea of guilty and payment of fines, penalties, and costs as | ||||||
12 | equal to the bail amount established by the Supreme Court for | ||||||
13 | the offense. | ||||||
14 | (Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15; | ||||||
15 | 98-1134, eff. 1-1-15.)
| ||||||
16 | (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
| ||||||
17 | Sec. 16-103. Arrest outside county where violation | ||||||
18 | committed.
| ||||||
19 | Whenever a defendant is arrested upon a warrant charging a | ||||||
20 | violation of
this Act in a county other than that in which such | ||||||
21 | warrant was issued, the
arresting officer, immediately upon the | ||||||
22 | request of the defendant, shall
take such defendant before a | ||||||
23 | circuit judge or associate circuit judge in
the county in which | ||||||
24 | the arrest was made who shall admit the defendant to
pretrial | ||||||
25 | release bail for his appearance before the court named in the |
| |||||||
| |||||||
1 | warrant. On setting the conditions of pretrial release taking
| ||||||
2 | such bail the circuit judge or associate circuit judge shall | ||||||
3 | certify such
fact on the warrant and deliver the warrant and | ||||||
4 | conditions of pretrial release undertaking of bail or
other | ||||||
5 | security , or the drivers license of such defendant if | ||||||
6 | deposited,
under the law relating to such licenses, in lieu of | ||||||
7 | such security, to the
officer having charge of the defendant. | ||||||
8 | Such officer shall then immediately
discharge the defendant | ||||||
9 | from arrest and without delay deliver such warrant
and such | ||||||
10 | acknowledgement by the defendant of his or her receiving the | ||||||
11 | conditions of pretrial release undertaking of bail, or other | ||||||
12 | security or drivers license to the
court before which the | ||||||
13 | defendant is required to appear.
| ||||||
14 | (Source: P.A. 77-1280.)
| ||||||
15 | Section 65. The Snowmobile Registration and Safety Act is | ||||||
16 | amended by changing Section 5-7 as follows:
| ||||||
17 | (625 ILCS 40/5-7)
| ||||||
18 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
19 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
20 | compounds, or a combination of
them; criminal penalties; | ||||||
21 | suspension of operating privileges. | ||||||
22 | (a) A person may not operate or be in actual physical | ||||||
23 | control of a
snowmobile within this State
while:
| ||||||
24 | 1. The alcohol concentration in that person's blood, |
| |||||||
| |||||||
1 | other bodily substance, or breath is a
concentration at | ||||||
2 | which driving a motor vehicle is prohibited under
| ||||||
3 | subdivision (1) of subsection (a) of
Section 11-501 of the | ||||||
4 | Illinois Vehicle Code;
| ||||||
5 | 2. The person is under the influence of alcohol;
| ||||||
6 | 3. The person is under the influence of any other drug | ||||||
7 | or combination of
drugs to a degree that renders that | ||||||
8 | person incapable of safely operating a
snowmobile;
| ||||||
9 | 3.1. The person is under the influence of any | ||||||
10 | intoxicating compound or
combination of intoxicating | ||||||
11 | compounds to a degree that renders the person
incapable of | ||||||
12 | safely operating a snowmobile;
| ||||||
13 | 4. The person is under the combined influence of | ||||||
14 | alcohol and any other
drug or drugs or intoxicating | ||||||
15 | compound or compounds to a degree that
renders that person | ||||||
16 | incapable of safely
operating a snowmobile;
| ||||||
17 | 4.3. The person who is not a CDL holder has a | ||||||
18 | tetrahydrocannabinol concentration in the person's whole | ||||||
19 | blood or other bodily substance at which driving a motor | ||||||
20 | vehicle is prohibited under
subdivision (7) of subsection | ||||||
21 | (a) of
Section 11-501 of the Illinois Vehicle Code; | ||||||
22 | 4.5. The person who is a CDL holder has any amount of a | ||||||
23 | drug, substance, or
compound in the person's breath, blood, | ||||||
24 | other bodily substance, or urine resulting from the | ||||||
25 | unlawful use or consumption of cannabis listed in the | ||||||
26 | Cannabis Control Act; or |
| |||||||
| |||||||
1 | 5. There is any amount of a drug, substance, or | ||||||
2 | compound in that person's
breath, blood, other bodily | ||||||
3 | substance, or urine resulting from the unlawful use or | ||||||
4 | consumption
of a controlled substance listed in the
| ||||||
5 | Illinois Controlled Substances Act, methamphetamine as | ||||||
6 | listed in the Methamphetamine Control and Community | ||||||
7 | Protection Act, or intoxicating compound listed in the
use
| ||||||
8 | of Intoxicating Compounds Act.
| ||||||
9 | (b) The fact that a person charged with violating this | ||||||
10 | Section is or has
been legally entitled to use alcohol, other | ||||||
11 | drug or drugs, any
intoxicating
compound or compounds, or any | ||||||
12 | combination of them does not constitute a
defense against a | ||||||
13 | charge of violating this Section.
| ||||||
14 | (c) Every person convicted of violating this Section or a | ||||||
15 | similar
provision of a local ordinance is guilty of a
Class A | ||||||
16 | misdemeanor, except as otherwise provided in this Section.
| ||||||
17 | (c-1) As used in this Section, "first time offender" means | ||||||
18 | any person who has not had a previous conviction or been | ||||||
19 | assigned supervision for violating this Section or a similar | ||||||
20 | provision of a local ordinance, or any person who has not had a | ||||||
21 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
22 | (c-2) For purposes of this Section, the following are | ||||||
23 | equivalent to a conviction: | ||||||
24 | (1) a violation of the terms of pretrial release when | ||||||
25 | the court has not relieved the defendant of complying with | ||||||
26 | the terms of pretrial release forfeiture of bail or |
| |||||||
| |||||||
1 | collateral deposited to secure a defendant's appearance in | ||||||
2 | court when forfeiture has not been vacated ; or | ||||||
3 | (2) the failure of a defendant to appear for trial.
| ||||||
4 | (d) Every person convicted of violating this Section is | ||||||
5 | guilty of a
Class 4 felony if:
| ||||||
6 | 1. The person has a previous conviction under this | ||||||
7 | Section;
| ||||||
8 | 2. The offense results in personal injury where a | ||||||
9 | person other than the
operator suffers great bodily harm or | ||||||
10 | permanent disability or disfigurement,
when the violation | ||||||
11 | was a proximate cause of the injuries.
A person guilty of a | ||||||
12 | Class 4 felony under this paragraph 2, if sentenced to a
| ||||||
13 | term of imprisonment, shall be sentenced to not less than | ||||||
14 | one year nor more
than
12 years; or
| ||||||
15 | 3. The offense occurred during a period in which the | ||||||
16 | person's privileges
to
operate a snowmobile are revoked or | ||||||
17 | suspended, and the revocation or
suspension was for a | ||||||
18 | violation of this Section or was imposed under Section
| ||||||
19 | 5-7.1.
| ||||||
20 | (e) Every person convicted of violating this Section is | ||||||
21 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
22 | of a person.
A person guilty of a Class 2 felony under this | ||||||
23 | subsection (e), if sentenced
to
a term of imprisonment, shall | ||||||
24 | be sentenced to a term of not less than 3 years
and not more | ||||||
25 | than 14 years.
| ||||||
26 | (e-1) Every person convicted of violating this Section or a |
| |||||||
| |||||||
1 | similar
provision of a local ordinance who had a child under | ||||||
2 | the age of 16 on board the
snowmobile at the time of offense | ||||||
3 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
4 | be subject to a mandatory minimum of 5 days of community
| ||||||
5 | service in a program benefiting children. The assignment under | ||||||
6 | this subsection
shall not be subject to suspension nor shall | ||||||
7 | the person be eligible for
probation in order to reduce the | ||||||
8 | assignment.
| ||||||
9 | (e-2) Every person found guilty of violating this Section, | ||||||
10 | whose operation
of
a snowmobile while in violation of this | ||||||
11 | Section proximately caused any incident
resulting in an | ||||||
12 | appropriate emergency response, shall be liable for the expense
| ||||||
13 | of an emergency response as provided in subsection (i) of | ||||||
14 | Section 11-501.01 of the Illinois Vehicle Code.
| ||||||
15 | (e-3) In addition to any other penalties and liabilities, a | ||||||
16 | person who is
found guilty of violating this Section, including | ||||||
17 | any person placed on court
supervision, shall be fined $100, | ||||||
18 | payable to the circuit clerk, who shall
distribute the money to | ||||||
19 | the law enforcement agency that made the arrest. In the
event | ||||||
20 | that more than one agency is responsible for the arrest, the | ||||||
21 | $100
shall be shared equally. Any moneys received by a law | ||||||
22 | enforcement agency under
this subsection (e-3) shall be used to | ||||||
23 | purchase law enforcement equipment or to
provide law | ||||||
24 | enforcement training that will assist in the prevention of | ||||||
25 | alcohol
related criminal violence throughout the State. Law | ||||||
26 | enforcement equipment shall
include, but is not limited to, |
| |||||||
| |||||||
1 | in-car video cameras, radar and laser speed
detection devices, | ||||||
2 | and alcohol breath testers.
| ||||||
3 | (f) In addition to any criminal penalties imposed, the
| ||||||
4 | Department of Natural Resources shall suspend the
snowmobile | ||||||
5 | operation privileges of
a person convicted or found guilty of a | ||||||
6 | misdemeanor under this
Section for a period of one
year, except | ||||||
7 | that first-time offenders are exempt from
this mandatory one | ||||||
8 | year suspension.
| ||||||
9 | (g) In addition to any criminal penalties imposed, the | ||||||
10 | Department of Natural
Resources shall suspend for a period of 5 | ||||||
11 | years the snowmobile operation
privileges of any person | ||||||
12 | convicted or found guilty of a felony under this
Section.
| ||||||
13 | (Source: P.A. 99-697, eff. 7-29-16; 100-201, eff. 8-18-17.)
| ||||||
14 | Section 70. The Clerks of Courts Act is amended by changing | ||||||
15 | Section 27.3b as follows:
| ||||||
16 | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
| ||||||
17 | Sec. 27.3b. The clerk of court may accept payment of fines, | ||||||
18 | penalties,
or costs
by credit card
or debit card
approved by | ||||||
19 | the clerk from an offender who has been
convicted of or placed | ||||||
20 | on court supervision for a traffic
offense, petty offense, | ||||||
21 | ordinance offense, or misdemeanor or who has been
convicted of | ||||||
22 | a felony offense. The clerk of the circuit court may accept
| ||||||
23 | credit card payments over the Internet for fines, penalties, or | ||||||
24 | costs from
offenders on voluntary electronic pleas of guilty in |
| |||||||
| |||||||
1 | minor traffic and
conservation offenses to satisfy the | ||||||
2 | requirement of written pleas of guilty as
provided in Illinois | ||||||
3 | Supreme Court Rule 529. The clerk of the court may also
accept
| ||||||
4 | payment of statutory fees by a credit card or debit card.
The | ||||||
5 | clerk of the court may
also accept the credit card
or debit | ||||||
6 | card
for the cash deposit of bail bond fees.
| ||||||
7 | The Clerk of the circuit court is authorized to enter into | ||||||
8 | contracts
with credit card
or debit card
companies approved by | ||||||
9 | the clerk and to negotiate the payment of convenience
and | ||||||
10 | administrative fees normally charged by those companies for | ||||||
11 | allowing the clerk of the circuit
court to accept their credit | ||||||
12 | cards
or debit cards
in payment as authorized herein. The clerk | ||||||
13 | of the circuit court is authorized
to enter into contracts with | ||||||
14 | third party fund guarantors, facilitators, and
service | ||||||
15 | providers under which those entities may contract directly with
| ||||||
16 | customers of
the clerk of the circuit court and guarantee and | ||||||
17 | remit the payments to the
clerk of the circuit court. Where the
| ||||||
18 | offender pays fines, penalties, or costs by credit card or | ||||||
19 | debit card or through a third party fund guarantor, | ||||||
20 | facilitator, or service
provider,
or anyone paying
statutory | ||||||
21 | fees of
the circuit court clerk or the posting of cash bail , | ||||||
22 | the clerk shall
collect a service fee of up to $5 or the amount | ||||||
23 | charged to the clerk for use of
its services by
the credit card | ||||||
24 | or debit card issuer, third party fund guarantor,
facilitator, | ||||||
25 | or service provider. This service fee shall be
in addition to | ||||||
26 | any other fines, penalties, or
costs. The clerk of the circuit |
| |||||||
| |||||||
1 | court is authorized to negotiate the
assessment of convenience | ||||||
2 | and administrative fees by the third party fund
guarantors, | ||||||
3 | facilitators, and service providers with the revenue earned by | ||||||
4 | the
clerk of the circuit court to be remitted
to the
county | ||||||
5 | general revenue fund.
| ||||||
6 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
7 | Section 75. The Attorney Act is amended by changing Section | ||||||
8 | 9 as follows:
| ||||||
9 | (705 ILCS 205/9) (from Ch. 13, par. 9)
| ||||||
10 | Sec. 9.
All attorneys and counselors at law, judges, clerks | ||||||
11 | and sheriffs,
and all other officers of the several courts | ||||||
12 | within this state, shall be
liable to be arrested and held to | ||||||
13 | terms of pretrial release bail , and shall be subject to the | ||||||
14 | same
legal process, and may in all respects be prosecuted and | ||||||
15 | proceeded against
in the same courts and in the same manner as | ||||||
16 | other persons are, any law,
usage or custom to the contrary | ||||||
17 | notwithstanding: Provided, nevertheless,
said judges, | ||||||
18 | counselors or attorneys, clerks, sheriffs and other officers
of | ||||||
19 | said courts, shall be privileged from arrest while attending | ||||||
20 | courts, and
whilst going to and returning from court.
| ||||||
21 | (Source: R.S. 1874, p. 169 .)
| ||||||
22 | Section 80. The Juvenile Court Act of 1987 is amended by | ||||||
23 | changing Sections 1-7, 1-8, and 5-150 as follows:
|
| |||||||
| |||||||
1 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| ||||||
2 | Sec. 1-7. Confidentiality of juvenile law enforcement and | ||||||
3 | municipal ordinance violation records.
| ||||||
4 | (A) All juvenile law enforcement records which have not | ||||||
5 | been expunged are confidential and may never be disclosed to | ||||||
6 | the general public or otherwise made widely available. Juvenile | ||||||
7 | law enforcement records may be obtained only under this Section | ||||||
8 | and Section 1-8 and Part 9 of Article V of this Act, when their | ||||||
9 | use is needed for good cause and with an order from the | ||||||
10 | juvenile court, as required by those not authorized to retain | ||||||
11 | them. Inspection, copying, and disclosure of juvenile law | ||||||
12 | enforcement records maintained by law
enforcement agencies or | ||||||
13 | records of municipal ordinance violations maintained by any | ||||||
14 | State, local, or municipal agency that relate to a minor who | ||||||
15 | has been investigated, arrested, or taken
into custody before | ||||||
16 | his or her 18th birthday shall be restricted to the
following:
| ||||||
17 | (0.05) The minor who is the subject of the juvenile law | ||||||
18 | enforcement record, his or her parents, guardian, and | ||||||
19 | counsel. | ||||||
20 | (0.10) Judges of the circuit court and members of the | ||||||
21 | staff of the court designated by the judge. | ||||||
22 | (0.15) An administrative adjudication hearing officer | ||||||
23 | or members of the staff designated to assist in the | ||||||
24 | administrative adjudication process. | ||||||
25 | (1) Any local, State, or federal law enforcement |
| |||||||
| |||||||
1 | officers or designated law enforcement staff of any
| ||||||
2 | jurisdiction or agency when necessary for the discharge of | ||||||
3 | their official
duties during the investigation or | ||||||
4 | prosecution of a crime or relating to a
minor who has been | ||||||
5 | adjudicated delinquent and there has been a previous | ||||||
6 | finding
that the act which constitutes the previous offense | ||||||
7 | was committed in
furtherance of criminal activities by a | ||||||
8 | criminal street gang, or, when necessary for the discharge | ||||||
9 | of its official duties in connection with a particular | ||||||
10 | investigation of the conduct of a law enforcement officer, | ||||||
11 | an independent agency or its staff created by ordinance and | ||||||
12 | charged by a unit of local government with the duty of | ||||||
13 | investigating the conduct of law enforcement officers. For | ||||||
14 | purposes of
this Section, "criminal street gang" has the | ||||||
15 | meaning ascribed to it in
Section 10 of the Illinois | ||||||
16 | Streetgang Terrorism Omnibus Prevention Act.
| ||||||
17 | (2) Prosecutors, public defenders, probation officers, | ||||||
18 | social workers, or other
individuals assigned by the court | ||||||
19 | to conduct a pre-adjudication or
pre-disposition | ||||||
20 | investigation, and individuals responsible for supervising
| ||||||
21 | or providing temporary or permanent care and custody for | ||||||
22 | minors under
the order of the juvenile court, when | ||||||
23 | essential to performing their
responsibilities.
| ||||||
24 | (3) Federal, State, or local prosecutors, public | ||||||
25 | defenders, probation officers, and designated staff:
| ||||||
26 | (a) in the course of a trial when institution of |
| |||||||
| |||||||
1 | criminal proceedings
has been permitted or required | ||||||
2 | under Section 5-805;
| ||||||
3 | (b) when institution of criminal proceedings has | ||||||
4 | been permitted or required under Section 5-805 and the | ||||||
5 | minor is the
subject
of a proceeding to determine the | ||||||
6 | conditions of pretrial release amount of bail ;
| ||||||
7 | (c) when criminal proceedings have been permitted
| ||||||
8 | or
required under Section 5-805 and the minor is the | ||||||
9 | subject of a
pre-trial
investigation, pre-sentence | ||||||
10 | investigation, fitness hearing, or proceedings
on an | ||||||
11 | application for probation; or
| ||||||
12 | (d) in the course of prosecution or administrative | ||||||
13 | adjudication of a violation of a traffic, boating, or | ||||||
14 | fish and game law, or a county or municipal ordinance. | ||||||
15 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
16 | (5) Authorized military personnel.
| ||||||
17 | (5.5) Employees of the federal government authorized | ||||||
18 | by law. | ||||||
19 | (6) Persons engaged in bona fide research, with the | ||||||
20 | permission of the
Presiding Judge and the chief executive | ||||||
21 | of the respective
law enforcement agency; provided that | ||||||
22 | publication of such research results
in no disclosure of a | ||||||
23 | minor's identity and protects the confidentiality
of the | ||||||
24 | minor's record.
| ||||||
25 | (7) Department of Children and Family Services child | ||||||
26 | protection
investigators acting in their official |
| |||||||
| |||||||
1 | capacity.
| ||||||
2 | (8) The appropriate school official only if the agency | ||||||
3 | or officer believes that there is an imminent threat of | ||||||
4 | physical harm to students, school personnel, or others who | ||||||
5 | are present in the school or on school grounds. | ||||||
6 | (A) Inspection and copying
shall be limited to | ||||||
7 | juvenile law enforcement records transmitted to the | ||||||
8 | appropriate
school official or officials whom the | ||||||
9 | school has determined to have a legitimate educational | ||||||
10 | or safety interest by a local law enforcement agency | ||||||
11 | under a reciprocal reporting
system established and | ||||||
12 | maintained between the school district and the local | ||||||
13 | law
enforcement agency under Section 10-20.14 of the | ||||||
14 | School Code concerning a minor
enrolled in a school | ||||||
15 | within the school district who has been arrested or | ||||||
16 | taken
into custody for any of the following offenses:
| ||||||
17 | (i) any violation of Article 24 of the Criminal | ||||||
18 | Code of
1961 or the Criminal Code of 2012;
| ||||||
19 | (ii) a violation of the Illinois Controlled | ||||||
20 | Substances Act;
| ||||||
21 | (iii) a violation of the Cannabis Control Act;
| ||||||
22 | (iv) a forcible felony as defined in Section | ||||||
23 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
24 | Code of 2012; | ||||||
25 | (v) a violation of the Methamphetamine Control | ||||||
26 | and Community Protection Act;
|
| |||||||
| |||||||
1 | (vi) a violation of Section 1-2 of the | ||||||
2 | Harassing and Obscene Communications Act; | ||||||
3 | (vii) a violation of the Hazing Act; or | ||||||
4 | (viii) a violation of Section 12-1, 12-2, | ||||||
5 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
6 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
8 | The information derived from the juvenile law | ||||||
9 | enforcement records shall be kept separate from and | ||||||
10 | shall not become a part of the official school record | ||||||
11 | of that child and shall not be a public record. The | ||||||
12 | information shall be used solely by the appropriate | ||||||
13 | school official or officials whom the school has | ||||||
14 | determined to have a legitimate educational or safety | ||||||
15 | interest to aid in the proper rehabilitation of the | ||||||
16 | child and to protect the safety of students and | ||||||
17 | employees in the school. If the designated law | ||||||
18 | enforcement and school officials deem it to be in the | ||||||
19 | best interest of the minor, the student may be referred | ||||||
20 | to in-school or community-based social services if | ||||||
21 | those services are available. "Rehabilitation | ||||||
22 | services" may include interventions by school support | ||||||
23 | personnel, evaluation for eligibility for special | ||||||
24 | education, referrals to community-based agencies such | ||||||
25 | as youth services, behavioral healthcare service | ||||||
26 | providers, drug and alcohol prevention or treatment |
| |||||||
| |||||||
1 | programs, and other interventions as deemed | ||||||
2 | appropriate for the student. | ||||||
3 | (B) Any information provided to appropriate school | ||||||
4 | officials whom the school has determined to have a | ||||||
5 | legitimate educational or safety interest by local law | ||||||
6 | enforcement officials about a minor who is the subject | ||||||
7 | of a current police investigation that is directly | ||||||
8 | related to school safety shall consist of oral | ||||||
9 | information only, and not written juvenile law | ||||||
10 | enforcement records, and shall be used solely by the | ||||||
11 | appropriate school official or officials to protect | ||||||
12 | the safety of students and employees in the school and | ||||||
13 | aid in the proper rehabilitation of the child. The | ||||||
14 | information derived orally from the local law | ||||||
15 | enforcement officials shall be kept separate from and | ||||||
16 | shall not become a part of the official school record | ||||||
17 | of the child and shall not be a public record. This | ||||||
18 | limitation on the use of information about a minor who | ||||||
19 | is the subject of a current police investigation shall | ||||||
20 | in no way limit the use of this information by | ||||||
21 | prosecutors in pursuing criminal charges arising out | ||||||
22 | of the information disclosed during a police | ||||||
23 | investigation of the minor. For purposes of this | ||||||
24 | paragraph, "investigation" means an official | ||||||
25 | systematic inquiry by a law enforcement agency into | ||||||
26 | actual or suspected criminal activity. |
| |||||||
| |||||||
1 | (9) Mental health professionals on behalf of the | ||||||
2 | Department of
Corrections or the Department of Human | ||||||
3 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
4 | or investigating a potential or actual petition
brought
| ||||||
5 | under the Sexually Violent Persons Commitment Act relating | ||||||
6 | to a person who is
the
subject of juvenile law enforcement | ||||||
7 | records or the respondent to a petition
brought under the | ||||||
8 | Sexually Violent Persons Commitment Act who is the subject | ||||||
9 | of
the
juvenile law enforcement records sought.
Any | ||||||
10 | juvenile law enforcement records and any information | ||||||
11 | obtained from those juvenile law enforcement records under | ||||||
12 | this
paragraph (9) may be used only in sexually violent | ||||||
13 | persons commitment
proceedings.
| ||||||
14 | (10) The president of a park district. Inspection and | ||||||
15 | copying shall be limited to juvenile law enforcement | ||||||
16 | records transmitted to the president of the park district | ||||||
17 | by the Department of State Police under Section 8-23 of the | ||||||
18 | Park District Code or Section 16a-5 of the Chicago Park | ||||||
19 | District Act concerning a person who is seeking employment | ||||||
20 | with that park district and who has been adjudicated a | ||||||
21 | juvenile delinquent for any of the offenses listed in | ||||||
22 | subsection (c) of Section 8-23 of the Park District Code or | ||||||
23 | subsection (c) of Section 16a-5 of the Chicago Park | ||||||
24 | District Act. | ||||||
25 | (11) Persons managing and designated to participate in | ||||||
26 | a court diversion program as designated in subsection (6) |
| |||||||
| |||||||
1 | of Section 5-105. | ||||||
2 | (12) The Public Access Counselor of the Office of the | ||||||
3 | Attorney General, when reviewing juvenile law enforcement | ||||||
4 | records under its powers and duties under the Freedom of | ||||||
5 | Information Act. | ||||||
6 | (13) Collection agencies, contracted or otherwise | ||||||
7 | engaged by a governmental entity, to collect any debts due | ||||||
8 | and owing to the governmental entity. | ||||||
9 | (B)(1) Except as provided in paragraph (2), no law | ||||||
10 | enforcement
officer or other person or agency may knowingly | ||||||
11 | transmit to the Department of
Corrections, Department of State | ||||||
12 | Police, or to the Federal
Bureau of Investigation any | ||||||
13 | fingerprint or photograph relating to a minor who
has been | ||||||
14 | arrested or taken into custody before his or her 18th birthday,
| ||||||
15 | unless the court in proceedings under this Act authorizes the | ||||||
16 | transmission or
enters an order under Section 5-805 permitting | ||||||
17 | or requiring the
institution of
criminal proceedings.
| ||||||
18 | (2) Law enforcement officers or other persons or agencies | ||||||
19 | shall transmit
to the Department of State Police copies of | ||||||
20 | fingerprints and descriptions
of all minors who have been | ||||||
21 | arrested or taken into custody before their
18th birthday for | ||||||
22 | the offense of unlawful use of weapons under Article 24 of
the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||||||
24 | or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||||||
25 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
26 | Class 2 or greater
felony under the Cannabis Control Act, the |
| |||||||
| |||||||
1 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
2 | Control and Community Protection Act,
or Chapter 4 of the | ||||||
3 | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
4 | Identification Act. Information reported to the Department | ||||||
5 | pursuant
to this Section may be maintained with records that | ||||||
6 | the Department files
pursuant to Section 2.1 of the Criminal | ||||||
7 | Identification Act. Nothing in this
Act prohibits a law | ||||||
8 | enforcement agency from fingerprinting a minor taken into
| ||||||
9 | custody or arrested before his or her 18th birthday for an | ||||||
10 | offense other than
those listed in this paragraph (2).
| ||||||
11 | (C) The records of law enforcement officers, or of an | ||||||
12 | independent agency created by ordinance and charged by a unit | ||||||
13 | of local government with the duty of investigating the conduct | ||||||
14 | of law enforcement officers, concerning all minors under
18 | ||||||
15 | years of age must be maintained separate from the records of | ||||||
16 | arrests and
may not be open to public inspection or their | ||||||
17 | contents disclosed to the
public. For purposes of obtaining | ||||||
18 | documents under this Section, a civil subpoena is not an order | ||||||
19 | of the court. | ||||||
20 | (1) In cases where the law enforcement, or independent | ||||||
21 | agency, records concern a pending juvenile court case, the | ||||||
22 | party seeking to inspect the records shall provide actual | ||||||
23 | notice to the attorney or guardian ad litem of the minor | ||||||
24 | whose records are sought. | ||||||
25 | (2) In cases where the records concern a juvenile court | ||||||
26 | case that is no longer pending, the party seeking to |
| |||||||
| |||||||
1 | inspect the records shall provide actual notice to the | ||||||
2 | minor or the minor's parent or legal guardian, and the | ||||||
3 | matter shall be referred to the chief judge presiding over | ||||||
4 | matters pursuant to this Act. | ||||||
5 | (3) In determining whether the records should be | ||||||
6 | available for inspection, the court shall consider the | ||||||
7 | minor's interest in confidentiality and rehabilitation | ||||||
8 | over the moving party's interest in obtaining the | ||||||
9 | information. Any records obtained in violation of this | ||||||
10 | subsection (C) shall not be admissible in any criminal or | ||||||
11 | civil proceeding, or operate to disqualify a minor from | ||||||
12 | subsequently holding public office or securing employment, | ||||||
13 | or operate as a forfeiture of any public benefit, right, | ||||||
14 | privilege, or right to receive any license granted by | ||||||
15 | public authority.
| ||||||
16 | (D) Nothing contained in subsection (C) of this Section | ||||||
17 | shall prohibit
the inspection or disclosure to victims and | ||||||
18 | witnesses of photographs
contained in the records of law | ||||||
19 | enforcement agencies when the
inspection and disclosure is | ||||||
20 | conducted in the presence of a law enforcement
officer for the | ||||||
21 | purpose of the identification or apprehension of any person
| ||||||
22 | subject to the provisions of this Act or for the investigation | ||||||
23 | or
prosecution of any crime.
| ||||||
24 | (E) Law enforcement officers, and personnel of an | ||||||
25 | independent agency created by ordinance and charged by a unit | ||||||
26 | of local government with the duty of investigating the conduct |
| |||||||
| |||||||
1 | of law enforcement officers, may not disclose the identity of | ||||||
2 | any minor
in releasing information to the general public as to | ||||||
3 | the arrest, investigation
or disposition of any case involving | ||||||
4 | a minor.
| ||||||
5 | (F) Nothing contained in this Section shall prohibit law | ||||||
6 | enforcement
agencies from communicating with each other by | ||||||
7 | letter, memorandum, teletype, or
intelligence alert bulletin | ||||||
8 | or other means the identity or other relevant
information | ||||||
9 | pertaining to a person under 18 years of age if there are
| ||||||
10 | reasonable grounds to believe that the person poses a real and | ||||||
11 | present danger
to the safety of the public or law enforcement | ||||||
12 | officers. The information
provided under this subsection (F) | ||||||
13 | shall remain confidential and shall not
be publicly disclosed, | ||||||
14 | except as otherwise allowed by law.
| ||||||
15 | (G) Nothing in this Section shall prohibit the right of a | ||||||
16 | Civil Service
Commission or appointing authority of any federal | ||||||
17 | government, state, county or municipality
examining the | ||||||
18 | character and fitness of an applicant for employment with a law
| ||||||
19 | enforcement agency, correctional institution, or fire | ||||||
20 | department
from obtaining and examining the
records of any law | ||||||
21 | enforcement agency relating to any record of the applicant
| ||||||
22 | having been arrested or taken into custody before the | ||||||
23 | applicant's 18th
birthday.
| ||||||
24 | (G-5) Information identifying victims and alleged victims | ||||||
25 | of sex offenses shall not be disclosed or open to the public | ||||||
26 | under any circumstances. Nothing in this Section shall prohibit |
| |||||||
| |||||||
1 | the victim or alleged victim of any sex offense from | ||||||
2 | voluntarily disclosing his or her own identity. | ||||||
3 | (H) The changes made to this Section by Public Act 98-61 | ||||||
4 | apply to law enforcement records of a minor who has been | ||||||
5 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
6 | effective date of Public Act 98-61). | ||||||
7 | (H-5) Nothing in this Section shall require any court or | ||||||
8 | adjudicative proceeding for traffic, boating, fish and game | ||||||
9 | law, or municipal and county ordinance violations to be closed | ||||||
10 | to the public. | ||||||
11 | (I) Willful violation of this Section is a Class C | ||||||
12 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
13 | This subsection (I) shall not apply to the person who is the | ||||||
14 | subject of the record. | ||||||
15 | (J) A person convicted of violating this Section is liable | ||||||
16 | for damages in the amount of $1,000 or actual damages, | ||||||
17 | whichever is greater. | ||||||
18 | (Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18; | ||||||
19 | 100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff. | ||||||
20 | 12-20-18.)
| ||||||
21 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
22 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
23 | court records.
| ||||||
24 | (A) A juvenile adjudication shall never be considered a | ||||||
25 | conviction nor shall an adjudicated individual be considered a |
| |||||||
| |||||||
1 | criminal. Unless expressly allowed by law, a juvenile | ||||||
2 | adjudication shall not operate to impose upon the individual | ||||||
3 | any of the civil disabilities ordinarily imposed by or | ||||||
4 | resulting from conviction. Unless expressly allowed by law, | ||||||
5 | adjudications shall not prejudice or disqualify the individual | ||||||
6 | in any civil service application or appointment, from holding | ||||||
7 | public office, or from receiving any license granted by public | ||||||
8 | authority. All juvenile court records which have not been | ||||||
9 | expunged are sealed and may never be disclosed to the general | ||||||
10 | public or otherwise made widely available. Sealed juvenile | ||||||
11 | court records may be obtained only under this Section and | ||||||
12 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
13 | is needed for good cause and with an order from the juvenile | ||||||
14 | court. Inspection and copying of juvenile court records | ||||||
15 | relating to a minor
who is the subject of a proceeding under | ||||||
16 | this Act shall be restricted to the
following:
| ||||||
17 | (1) The minor who is the subject of record, his or her | ||||||
18 | parents, guardian,
and counsel.
| ||||||
19 | (2) Law enforcement officers and law enforcement | ||||||
20 | agencies when such
information is essential to executing an | ||||||
21 | arrest or search warrant or other
compulsory process, or to | ||||||
22 | conducting an ongoing investigation
or relating to a minor | ||||||
23 | who
has been adjudicated delinquent and there has been a | ||||||
24 | previous finding that
the act which constitutes the | ||||||
25 | previous offense was committed in furtherance
of criminal | ||||||
26 | activities by a criminal street gang.
|
| |||||||
| |||||||
1 | Before July 1, 1994, for the purposes of this Section, | ||||||
2 | "criminal street
gang" means any ongoing
organization, | ||||||
3 | association, or group of 3 or more persons, whether formal | ||||||
4 | or
informal, having as one of its primary activities the | ||||||
5 | commission of one or
more criminal acts and that has a | ||||||
6 | common name or common identifying sign,
symbol or specific | ||||||
7 | color apparel displayed, and whose members individually
or | ||||||
8 | collectively engage in or have engaged in a pattern of | ||||||
9 | criminal activity.
| ||||||
10 | Beginning July 1, 1994, for purposes of this Section, | ||||||
11 | "criminal street
gang" has the meaning ascribed to it in | ||||||
12 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
13 | Prevention Act.
| ||||||
14 | (3) Judges, hearing officers, prosecutors, public | ||||||
15 | defenders, probation officers, social
workers, or other
| ||||||
16 | individuals assigned by the court to conduct a | ||||||
17 | pre-adjudication or pre-disposition
investigation, and | ||||||
18 | individuals responsible for supervising
or providing | ||||||
19 | temporary or permanent care and custody for minors under | ||||||
20 | the order of the juvenile court when essential to | ||||||
21 | performing their
responsibilities.
| ||||||
22 | (4) Judges, federal, State, and local prosecutors, | ||||||
23 | public defenders, probation officers, and designated | ||||||
24 | staff:
| ||||||
25 | (a) in the course of a trial when institution of | ||||||
26 | criminal proceedings
has been permitted or required |
| |||||||
| |||||||
1 | under Section 5-805;
| ||||||
2 | (b) when criminal proceedings have been permitted
| ||||||
3 | or
required under Section 5-805 and a minor is the | ||||||
4 | subject of a
proceeding to
determine the conditions of | ||||||
5 | pretrial release amount of bail ;
| ||||||
6 | (c) when criminal proceedings have been permitted
| ||||||
7 | or
required under Section 5-805 and a minor is the | ||||||
8 | subject of a
pre-trial
investigation, pre-sentence | ||||||
9 | investigation or fitness hearing, or
proceedings on an | ||||||
10 | application for probation; or
| ||||||
11 | (d) when a minor becomes 18 years of age or older, | ||||||
12 | and is the subject
of criminal proceedings, including a | ||||||
13 | hearing to determine the conditions of pretrial | ||||||
14 | release amount of
bail , a pre-trial investigation, a | ||||||
15 | pre-sentence investigation, a fitness
hearing, or | ||||||
16 | proceedings on an application for probation.
| ||||||
17 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
18 | (6) Authorized military personnel.
| ||||||
19 | (6.5) Employees of the federal government authorized | ||||||
20 | by law. | ||||||
21 | (7) Victims, their subrogees and legal | ||||||
22 | representatives; however, such
persons shall have access | ||||||
23 | only to the name and address of the minor and
information | ||||||
24 | pertaining to the disposition or alternative adjustment | ||||||
25 | plan
of the juvenile court.
| ||||||
26 | (8) Persons engaged in bona fide research, with the |
| |||||||
| |||||||
1 | permission of the
presiding judge of the juvenile court and | ||||||
2 | the chief executive of the agency
that prepared the | ||||||
3 | particular records; provided that publication of such
| ||||||
4 | research results in no disclosure of a minor's identity and | ||||||
5 | protects the
confidentiality of the record.
| ||||||
6 | (9) The Secretary of State to whom the Clerk of the | ||||||
7 | Court shall report
the disposition of all cases, as | ||||||
8 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
9 | However, information reported relative to these offenses | ||||||
10 | shall
be privileged and available only to the Secretary of | ||||||
11 | State, courts, and police
officers.
| ||||||
12 | (10) The administrator of a bonafide substance abuse | ||||||
13 | student
assistance program with the permission of the | ||||||
14 | presiding judge of the
juvenile court.
| ||||||
15 | (11) Mental health professionals on behalf of the | ||||||
16 | Department of
Corrections or the Department of Human | ||||||
17 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
18 | or investigating a potential or actual petition
brought
| ||||||
19 | under the Sexually Violent Persons Commitment Act relating | ||||||
20 | to a person who is the
subject of
juvenile court records or | ||||||
21 | the respondent to a petition brought under
the
Sexually | ||||||
22 | Violent Persons Commitment Act, who is the subject of | ||||||
23 | juvenile
court records
sought. Any records and any | ||||||
24 | information obtained from those records under this
| ||||||
25 | paragraph (11) may be used only in sexually violent persons | ||||||
26 | commitment
proceedings.
|
| |||||||
| |||||||
1 | (12) Collection agencies, contracted or otherwise | ||||||
2 | engaged by a governmental entity, to collect any debts due | ||||||
3 | and owing to the governmental entity. | ||||||
4 | (A-1) Findings and exclusions of paternity entered in | ||||||
5 | proceedings occurring under Article II of this Act shall be | ||||||
6 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
7 | of the Juvenile Court, to the Department of Healthcare and | ||||||
8 | Family Services when necessary to discharge the duties of the | ||||||
9 | Department of Healthcare and Family Services under Article X of | ||||||
10 | the Illinois Public Aid Code. | ||||||
11 | (B) A minor who is the victim in a juvenile proceeding | ||||||
12 | shall be
provided the same confidentiality regarding | ||||||
13 | disclosure of identity as the
minor who is the subject of | ||||||
14 | record.
| ||||||
15 | (C)(0.1) In cases where the records concern a pending | ||||||
16 | juvenile court case, the requesting party seeking to inspect | ||||||
17 | the juvenile court records shall provide actual notice to the | ||||||
18 | attorney or guardian ad litem of the minor whose records are | ||||||
19 | sought. | ||||||
20 | (0.2) In cases where the juvenile court records concern a | ||||||
21 | juvenile court case that is no longer pending, the requesting | ||||||
22 | party seeking to inspect the juvenile court records shall | ||||||
23 | provide actual notice to the minor or the minor's parent or | ||||||
24 | legal guardian, and the matter shall be referred to the chief | ||||||
25 | judge presiding over matters pursuant to this Act. | ||||||
26 | (0.3) In determining whether juvenile court records should |
| |||||||
| |||||||
1 | be made available for inspection and whether inspection should | ||||||
2 | be limited to certain parts of the file, the court shall | ||||||
3 | consider the minor's interest in confidentiality and | ||||||
4 | rehabilitation over the requesting party's interest in | ||||||
5 | obtaining the information. The State's Attorney, the minor, and | ||||||
6 | the minor's parents, guardian, and counsel shall at all times | ||||||
7 | have the right to examine court files and records. | ||||||
8 | (0.4) Any records obtained in violation of this Section | ||||||
9 | shall not be admissible in any criminal or civil proceeding, or | ||||||
10 | operate to disqualify a minor from subsequently holding public | ||||||
11 | office, or operate as a forfeiture of any public benefit, | ||||||
12 | right, privilege, or right to receive any license granted by | ||||||
13 | public authority.
| ||||||
14 | (D) Pending or following any adjudication of delinquency | ||||||
15 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
16 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
18 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
19 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
20 | juvenile who is the subject of the adjudication, | ||||||
21 | notwithstanding any other
provision of this Act, shall be | ||||||
22 | treated
as an adult for the purpose of affording such rights to | ||||||
23 | the victim.
| ||||||
24 | (E) Nothing in this Section shall affect the right of a | ||||||
25 | Civil Service
Commission or appointing authority of the federal | ||||||
26 | government, or any state, county, or municipality
examining the |
| |||||||
| |||||||
1 | character and fitness of
an applicant for employment with a law | ||||||
2 | enforcement
agency, correctional institution, or fire | ||||||
3 | department to
ascertain
whether that applicant was ever | ||||||
4 | adjudicated to be a delinquent minor and,
if so, to examine the | ||||||
5 | records of disposition or evidence which were made in
| ||||||
6 | proceedings under this Act.
| ||||||
7 | (F) Following any adjudication of delinquency for a crime | ||||||
8 | which would be
a felony if committed by an adult, or following | ||||||
9 | any adjudication of delinquency
for a violation of Section | ||||||
10 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
12 | whether the minor respondent is enrolled in school and, if so, | ||||||
13 | shall provide
a copy of the dispositional order to the | ||||||
14 | principal or chief administrative
officer of the school. Access | ||||||
15 | to the dispositional order shall be limited
to the principal or | ||||||
16 | chief administrative officer of the school and any guidance
| ||||||
17 | counselor designated by him or her.
| ||||||
18 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
19 | disclosure of information or records relating or pertaining to | ||||||
20 | juveniles
subject to the provisions of the Serious Habitual | ||||||
21 | Offender Comprehensive
Action Program when that information is | ||||||
22 | used to assist in the early
identification and treatment of | ||||||
23 | habitual juvenile offenders.
| ||||||
24 | (H) When a court hearing a proceeding under Article II of | ||||||
25 | this Act becomes
aware that an earlier proceeding under Article | ||||||
26 | II had been heard in a different
county, that court shall |
| |||||||
| |||||||
1 | request, and the court in which the earlier
proceedings were | ||||||
2 | initiated shall transmit, an authenticated copy of the juvenile | ||||||
3 | court
record, including all documents, petitions, and orders | ||||||
4 | filed and the
minute orders, transcript of proceedings, and | ||||||
5 | docket entries of the court.
| ||||||
6 | (I) The Clerk of the Circuit Court shall report to the | ||||||
7 | Department of
State
Police, in the form and manner required by | ||||||
8 | the Department of State Police, the
final disposition of each | ||||||
9 | minor who has been arrested or taken into custody
before his or | ||||||
10 | her 18th birthday for those offenses required to be reported
| ||||||
11 | under Section 5 of the Criminal Identification Act. Information | ||||||
12 | reported to
the Department under this Section may be maintained | ||||||
13 | with records that the
Department files under Section 2.1 of the | ||||||
14 | Criminal Identification Act.
| ||||||
15 | (J) The changes made to this Section by Public Act 98-61 | ||||||
16 | apply to juvenile law enforcement records of a minor who has | ||||||
17 | been arrested or taken into custody on or after January 1, 2014 | ||||||
18 | (the effective date of Public Act 98-61). | ||||||
19 | (K) Willful violation of this Section is a Class C | ||||||
20 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
21 | This subsection (K) shall not apply to the person who is the | ||||||
22 | subject of the record. | ||||||
23 | (L) A person convicted of violating this Section is liable | ||||||
24 | for damages in the amount of $1,000 or actual damages, | ||||||
25 | whichever is greater. | ||||||
26 | (Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18; |
| |||||||
| |||||||
1 | 100-1162, eff. 12-20-18.)
| ||||||
2 | (705 ILCS 405/5-150)
| ||||||
3 | Sec. 5-150.
Admissibility of evidence and adjudications in | ||||||
4 | other
proceedings.
| ||||||
5 | (1) Evidence and adjudications in proceedings under this | ||||||
6 | Act shall be
admissible:
| ||||||
7 | (a) in subsequent proceedings under this Act | ||||||
8 | concerning the same minor; or
| ||||||
9 | (b) in criminal proceedings when the court is to | ||||||
10 | determine the conditions of pretrial release amount
of | ||||||
11 | bail , fitness of the defendant or in sentencing under the | ||||||
12 | Unified Code
of Corrections; or
| ||||||
13 | (c) in proceedings under this Act or in criminal | ||||||
14 | proceedings in which
anyone who has been adjudicated | ||||||
15 | delinquent under Section 5-105 is to be a
witness including | ||||||
16 | the minor or defendant if he or she testifies, and then | ||||||
17 | only
for purposes of impeachment and pursuant to the rules
| ||||||
18 | of evidence for criminal trials; or
| ||||||
19 | (d) in civil proceedings concerning causes of action | ||||||
20 | arising out of the
incident or incidents which initially | ||||||
21 | gave rise to the proceedings under this
Act.
| ||||||
22 | (2) No adjudication or disposition under this Act shall | ||||||
23 | operate to
disqualify a minor from subsequently holding public | ||||||
24 | office nor shall
operate as a forfeiture of any right, | ||||||
25 | privilege or right to receive any
license granted by public |
| |||||||
| |||||||
1 | authority.
| ||||||
2 | (3) The court which adjudicated that a minor has committed | ||||||
3 | any offense
relating to motor vehicles prescribed in Sections | ||||||
4 | 4-102 and 4-103 of the
Illinois Vehicle Code shall notify the | ||||||
5 | Secretary of State of that adjudication
and the notice shall | ||||||
6 | constitute sufficient grounds for revoking that minor's
| ||||||
7 | driver's license or permit as provided in Section 6-205 of the | ||||||
8 | Illinois Vehicle
Code; no minor shall be considered a criminal | ||||||
9 | by reason thereof, nor shall any
such adjudication be | ||||||
10 | considered a conviction.
| ||||||
11 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
12 | Section 85. The Criminal Code of 2012 is amended by | ||||||
13 | changing Section 26.5-5, 31-1, 31A-0.1, 32-10, and 32-15 as | ||||||
14 | follows:
| ||||||
15 | (720 ILCS 5/26.5-5) | ||||||
16 | Sec. 26.5-5. Sentence. | ||||||
17 | (a) Except as provided in
subsection (b), a
person who | ||||||
18 | violates any of the provisions of
Section 26.5-1, 26.5-2, or | ||||||
19 | 26.5-3 of this Article
is guilty of a Class B misdemeanor.
| ||||||
20 | Except as provided
in subsection (b), a second or subsequent
| ||||||
21 | violation of Section 26.5-1, 26.5-2, or 26.5-3 of this
Article | ||||||
22 | is a Class A
misdemeanor, for which the
court
shall impose a | ||||||
23 | minimum of 14 days in
jail or, if public or
community service | ||||||
24 | is established in the county in which the offender was
|
| |||||||
| |||||||
1 | convicted, 240 hours of public or community service. | ||||||
2 | (b) In any of the following circumstances, a person who | ||||||
3 | violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article | ||||||
4 | shall be guilty of a Class 4 felony: | ||||||
5 | (1) The person has 3 or more prior violations in the | ||||||
6 | last 10 years of
harassment
by
telephone, harassment | ||||||
7 | through electronic
communications, or any similar offense | ||||||
8 | of any
other state; | ||||||
9 | (2) The person has previously violated the harassment | ||||||
10 | by telephone
provisions, or the harassment through | ||||||
11 | electronic
communications provisions, or committed any | ||||||
12 | similar
offense in any other state with the same victim or | ||||||
13 | a member of the victim's family or
household; | ||||||
14 | (3) At the time of the offense, the offender was under | ||||||
15 | conditions of pretrial release bail ,
probation, | ||||||
16 | conditional discharge, mandatory supervised release or was | ||||||
17 | the subject of an order of
protection, in this or any other | ||||||
18 | state, prohibiting contact with the victim or
any member of | ||||||
19 | the victim's family or household; | ||||||
20 | (4) In the course of the offense, the offender | ||||||
21 | threatened to kill the
victim or any member of the victim's | ||||||
22 | family or household; | ||||||
23 | (5) The person has been convicted in the last 10 years | ||||||
24 | of a forcible
felony
as defined in Section 2-8 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
26 | (6) The person violates paragraph (5) of Section 26.5-2 |
| |||||||
| |||||||
1 | or paragraph
(4) of Section 26.5-3; or | ||||||
2 | (7) The person was at least 18 years of age at the time | ||||||
3 | of the commission of the offense and the victim was under | ||||||
4 | 18 years of age at the time of the commission of the | ||||||
5 | offense. | ||||||
6 | (c) The court may order any person
convicted under this | ||||||
7 | Article to submit to a psychiatric examination.
| ||||||
8 | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
9 | (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
| ||||||
10 | Sec. 31-1. Resisting or obstructing a peace officer, | ||||||
11 | firefighter, or correctional
institution employee. | ||||||
12 | (a) A person who knowingly resists or obstructs the | ||||||
13 | performance by one known
to the person to be a peace officer, | ||||||
14 | firefighter, or correctional institution employee of any
| ||||||
15 | authorized act within his or her official capacity commits a | ||||||
16 | Class A misdemeanor.
| ||||||
17 | (a-5) In addition to any other sentence that may be | ||||||
18 | imposed, a court
shall
order any person convicted of resisting | ||||||
19 | or obstructing a peace officer, firefighter, or correctional
| ||||||
20 | institution employee to be
sentenced to a minimum of 48 | ||||||
21 | consecutive hours of imprisonment or
ordered to perform | ||||||
22 | community service for not less than 100 hours as
may be | ||||||
23 | determined by the court. The person shall not be eligible for | ||||||
24 | probation
in order to reduce the sentence of imprisonment or | ||||||
25 | community service.
|
| |||||||
| |||||||
1 | (a-7) A person convicted for a violation of this Section | ||||||
2 | whose violation was
the proximate cause of an injury to a peace | ||||||
3 | officer, firefighter, or correctional
institution employee is | ||||||
4 | guilty of a Class 4
felony.
| ||||||
5 | (b) For purposes of this Section, "correctional | ||||||
6 | institution employee"
means
any person employed to supervise | ||||||
7 | and control inmates incarcerated in a
penitentiary, State farm, | ||||||
8 | reformatory, prison, jail, house of correction,
police | ||||||
9 | detention area, half-way house, or other institution or place | ||||||
10 | for the
incarceration or custody of persons under sentence for | ||||||
11 | offenses or awaiting
trial or sentence for offenses, under | ||||||
12 | arrest for an offense, a violation of
probation, a violation of | ||||||
13 | parole, a violation of aftercare release, a violation of | ||||||
14 | mandatory supervised
release, or awaiting a bail setting | ||||||
15 | hearing or preliminary hearing on setting the conditions of | ||||||
16 | pretrial release , or who
are
sexually dangerous persons or who | ||||||
17 | are sexually violent persons; and "firefighter" means any | ||||||
18 | individual, either as an employee or volunteer, of a regularly
| ||||||
19 | constituted fire department of a municipality or fire | ||||||
20 | protection district who
performs fire fighting duties, | ||||||
21 | including, but not limited to, the fire chief, assistant fire
| ||||||
22 | chief, captain, engineer, driver, ladder person, hose person, | ||||||
23 | pipe person, and any
other member of a regularly constituted | ||||||
24 | fire department. "Firefighter" also means a person employed by | ||||||
25 | the Office of the State Fire Marshal to conduct arson | ||||||
26 | investigations.
|
| |||||||
| |||||||
1 | (c) It is an affirmative defense to a violation of this | ||||||
2 | Section if a person resists or obstructs the performance of one | ||||||
3 | known by the person to be a firefighter by returning to or | ||||||
4 | remaining in a dwelling, residence, building, or other | ||||||
5 | structure to rescue or to attempt to rescue any person. | ||||||
6 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
7 | (720 ILCS 5/31A-0.1) | ||||||
8 | Sec. 31A-0.1. Definitions. For the purposes of this | ||||||
9 | Article: | ||||||
10 | "Deliver" or "delivery" means the actual, constructive or | ||||||
11 | attempted
transfer of possession of an item of contraband, with | ||||||
12 | or without consideration,
whether or not there is an agency | ||||||
13 | relationship. | ||||||
14 | "Employee" means any elected or appointed officer, trustee | ||||||
15 | or
employee of a penal institution or of the governing | ||||||
16 | authority of the penal
institution, or any person who performs | ||||||
17 | services for the penal institution
pursuant to contract with | ||||||
18 | the penal institution or its governing
authority. | ||||||
19 | "Item of contraband" means any of the following: | ||||||
20 | (i) "Alcoholic liquor" as that term is defined in | ||||||
21 | Section 1-3.05 of the
Liquor Control Act of 1934. | ||||||
22 | (ii) "Cannabis" as that term is defined in subsection | ||||||
23 | (a) of Section 3
of the Cannabis Control Act. | ||||||
24 | (iii) "Controlled substance" as that term is defined in | ||||||
25 | the Illinois
Controlled Substances Act. |
| |||||||
| |||||||
1 | (iii-a) "Methamphetamine" as that term is defined in | ||||||
2 | the Illinois Controlled Substances Act or the | ||||||
3 | Methamphetamine Control and Community Protection Act. | ||||||
4 | (iv) "Hypodermic syringe" or hypodermic needle, or any | ||||||
5 | instrument
adapted for use of controlled substances or | ||||||
6 | cannabis by subcutaneous injection. | ||||||
7 | (v) "Weapon" means any knife, dagger, dirk, billy, | ||||||
8 | razor, stiletto,
broken bottle, or other piece of glass | ||||||
9 | which could be used as a dangerous
weapon. This term | ||||||
10 | includes any of the devices or implements designated in
| ||||||
11 | subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of | ||||||
12 | this
Code, or any other dangerous weapon or instrument of | ||||||
13 | like character. | ||||||
14 | (vi) "Firearm" means any device, by whatever name | ||||||
15 | known, which is
designed to expel a projectile or | ||||||
16 | projectiles by the action of an
explosion, expansion of gas | ||||||
17 | or escape of gas, including but not limited to: | ||||||
18 | (A) any pneumatic gun, spring gun, or B-B gun which | ||||||
19 | expels a single
globular projectile not exceeding .18 | ||||||
20 | inch in diameter; or | ||||||
21 | (B) any device used exclusively for signaling or | ||||||
22 | safety and required
as
recommended by the United States | ||||||
23 | Coast Guard or the Interstate Commerce
Commission; or | ||||||
24 | (C) any device used exclusively for the firing of | ||||||
25 | stud cartridges,
explosive rivets or industrial | ||||||
26 | ammunition; or |
| |||||||
| |||||||
1 | (D) any device which is powered by electrical | ||||||
2 | charging units, such as
batteries, and which fires one | ||||||
3 | or several barbs attached to a length of
wire and | ||||||
4 | which, upon hitting a human, can send out current | ||||||
5 | capable of
disrupting the person's nervous system in | ||||||
6 | such a manner as to render him or her incapable of | ||||||
7 | normal functioning, commonly referred to as a stun gun | ||||||
8 | or taser. | ||||||
9 | (vii) "Firearm ammunition" means any self-contained | ||||||
10 | cartridge or shotgun
shell, by whatever name known, which | ||||||
11 | is designed to be used or adaptable to
use in a firearm, | ||||||
12 | including but not limited to: | ||||||
13 | (A) any ammunition exclusively designed for use | ||||||
14 | with a device used
exclusively for signaling or safety | ||||||
15 | and required or recommended by the
United States Coast | ||||||
16 | Guard or the Interstate Commerce Commission; or | ||||||
17 | (B) any ammunition designed exclusively for use | ||||||
18 | with a stud or rivet
driver or other similar industrial | ||||||
19 | ammunition. | ||||||
20 | (viii) "Explosive" means, but is not limited to, bomb, | ||||||
21 | bombshell,
grenade, bottle or other container containing | ||||||
22 | an explosive substance of
over one-quarter ounce for like | ||||||
23 | purposes such as black powder bombs and
Molotov cocktails | ||||||
24 | or artillery projectiles. | ||||||
25 | (ix) "Tool to defeat security mechanisms" means, but is | ||||||
26 | not limited to,
handcuff or security restraint key, tool |
| |||||||
| |||||||
1 | designed to pick locks, popper, or any device or
instrument | ||||||
2 | used to or capable of unlocking or preventing from locking | ||||||
3 | any handcuff or security restraints, doors to
cells, rooms, | ||||||
4 | gates or other areas of the penal institution. | ||||||
5 | (x) "Cutting tool" means, but is not limited to, | ||||||
6 | hacksaw blade,
wirecutter,
or device, instrument or file | ||||||
7 | capable of cutting through metal. | ||||||
8 | (xi) "Electronic contraband" for the purposes of | ||||||
9 | Section 31A-1.1 of this Article means, but is not limited | ||||||
10 | to, any
electronic, video recording device, computer, or | ||||||
11 | cellular communications
equipment, including, but not
| ||||||
12 | limited to, cellular telephones, cellular telephone | ||||||
13 | batteries, videotape
recorders, pagers,
computers, and | ||||||
14 | computer peripheral equipment brought into or possessed in | ||||||
15 | a
penal institution without the written authorization of | ||||||
16 | the Chief Administrative
Officer. "Electronic contraband" | ||||||
17 | for the purposes of Section 31A-1.2 of this Article, means, | ||||||
18 | but is not limited to, any
electronic, video recording | ||||||
19 | device, computer, or cellular communications
equipment, | ||||||
20 | including, but not
limited to, cellular telephones, | ||||||
21 | cellular telephone batteries, videotape
recorders, pagers,
| ||||||
22 | computers, and computer peripheral equipment. | ||||||
23 | "Penal institution" means any penitentiary, State farm,
| ||||||
24 | reformatory, prison, jail, house of correction, police | ||||||
25 | detention area,
half-way house or other institution or place | ||||||
26 | for the incarceration or
custody of persons under sentence for |
| |||||||
| |||||||
1 | offenses awaiting trial or sentence
for offenses, under arrest | ||||||
2 | for an offense, a violation of probation, a
violation of | ||||||
3 | parole, a violation of aftercare release, or a violation of | ||||||
4 | mandatory supervised release, or
awaiting a bail setting | ||||||
5 | hearing on the setting of conditions of pretrial release or | ||||||
6 | preliminary hearing; provided that where
the place for | ||||||
7 | incarceration or custody is housed within another public
| ||||||
8 | building this Article shall not apply to that part of the | ||||||
9 | building unrelated
to the incarceration or custody of persons.
| ||||||
10 | (Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)
| ||||||
11 | (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
| ||||||
12 | Sec. 32-10. Violation of conditions of pretrial release | ||||||
13 | bail bond .
| ||||||
14 | (a) Whoever, having been released pretrial under | ||||||
15 | conditions admitted to bail for appearance before any
court of
| ||||||
16 | this State, incurs a violation of conditions of pretrial | ||||||
17 | release forfeiture of the bail and knowingly fails to surrender
| ||||||
18 | himself or herself within 30 days following the date of the | ||||||
19 | violation forfeiture , commits, if
the conditions of pretrial | ||||||
20 | release bail was given in connection with a charge of felony | ||||||
21 | or pending appeal
or certiorari after conviction of any | ||||||
22 | offense, a felony of the next lower
Class or a Class A | ||||||
23 | misdemeanor if the underlying offense was a Class 4 felony . If | ||||||
24 | the violation of pretrial conditions were made ;
or, if the bail | ||||||
25 | was given in connection with a charge
of committing a |
| |||||||
| |||||||
1 | misdemeanor, or for appearance as a witness, commits a | ||||||
2 | misdemeanor of the next lower Class, but not less than a Class | ||||||
3 | C misdemeanor.
| ||||||
4 | (a-5) Any person who knowingly violates a condition of | ||||||
5 | pretrial release bail bond by possessing a
firearm in violation | ||||||
6 | of his or her conditions of pretrial release bail commits a | ||||||
7 | Class 4 felony
for a first violation and a Class 3 felony for a | ||||||
8 | second or subsequent violation.
| ||||||
9 | (b) Whoever, having been released pretrial under | ||||||
10 | conditions admitted to bail for appearance before
any court
of | ||||||
11 | this State, while charged with a criminal offense in which the | ||||||
12 | victim is a
family or household member as defined in Article | ||||||
13 | 112A of the Code of Criminal
Procedure of 1963, knowingly | ||||||
14 | violates a condition of that release as set forth
in Section | ||||||
15 | 110-10, subsection (d) of the Code of Criminal Procedure of | ||||||
16 | 1963,
commits a Class A misdemeanor.
| ||||||
17 | (c) Whoever, having been released pretrial under | ||||||
18 | conditions admitted to bail for appearance before
any court
of | ||||||
19 | this State for a felony, Class A misdemeanor or a
criminal | ||||||
20 | offense in which the victim is a family
or household member as | ||||||
21 | defined in Article 112A of the Code of Criminal
Procedure of | ||||||
22 | 1963, is charged with any other
felony, Class A misdemeanor,
or | ||||||
23 | a
criminal offense in which the victim is a family or household
| ||||||
24 | member as
defined in Article 112A of the Code of Criminal | ||||||
25 | Procedure of 1963 while on
this
release, must appear before the | ||||||
26 | court before
bail is statutorily set .
|
| |||||||
| |||||||
1 | (d) Nothing in this Section shall interfere with or
prevent | ||||||
2 | the exercise
by
any court of its power to punishment for | ||||||
3 | contempt.
Any sentence imposed for violation of this Section | ||||||
4 | may shall be served
consecutive to the sentence imposed for the | ||||||
5 | charge for which pretrial release bail had been
granted and | ||||||
6 | with respect to which the defendant has been convicted.
| ||||||
7 | (Source: P.A. 97-1108, eff. 1-1-13.)
| ||||||
8 | (720 ILCS 5/32-15) | ||||||
9 | Sec. 32-15. Pretrial release Bail bond false statement. Any | ||||||
10 | person who in any affidavit, document,
schedule or other | ||||||
11 | application to ensure compliance of another with the terms of | ||||||
12 | pretrial release become surety or bail for another on any
bail | ||||||
13 | bond or recognizance in any civil or criminal proceeding then | ||||||
14 | pending
or about to be started against the other person, having | ||||||
15 | taken a lawful
oath or made affirmation, shall swear or affirm | ||||||
16 | wilfully, corruptly and
falsely as to the factors the court | ||||||
17 | relied on to approve the conditions of the other person's | ||||||
18 | pretrial release ownership or liens or incumbrances upon or the | ||||||
19 | value of
any real or personal property alleged to be owned by | ||||||
20 | the person proposed to ensure those conditions as
surety or | ||||||
21 | bail, the financial worth or standing of the person proposed as
| ||||||
22 | surety or bail, or as to the number or total penalties of all | ||||||
23 | other bonds
or recognizances signed by and standing against the | ||||||
24 | proposed surety or
bail , or any person who, having taken a | ||||||
25 | lawful oath or made affirmation,
shall testify wilfully, |
| |||||||
| |||||||
1 | corruptly and falsely as to any of said matters for
the purpose | ||||||
2 | of inducing the approval of any such conditions of pretrial | ||||||
3 | release bail bond or recognizance;
or for the purpose of | ||||||
4 | justifying on any such conditions of pretrial release bail bond | ||||||
5 | or recognizance, or
who shall suborn any other person to so | ||||||
6 | swear, affirm or testify as
aforesaid, shall be deemed and | ||||||
7 | adjudged guilty of perjury or subornation of
perjury (as the | ||||||
8 | case may be) and punished accordingly.
| ||||||
9 | (Source: P.A. 97-1108, eff. 1-1-13.)
| ||||||
10 | Section 90. The Code of Criminal Procedure of 1963 is | ||||||
11 | amended by changing the heading of Article 110 by changing | ||||||
12 | Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17, | ||||||
13 | 106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1, 110-1, | ||||||
14 | 110-2, 110-3, 110-4, 110-5, 110-5.1, 110-5.2, 110-6, 110-6.1, | ||||||
15 | 110-6.3, 110-6.4, 110-6.5, 110-7, 110-8, 110-9, 110-10, | ||||||
16 | 110-11, 110-12, 110-13, 110-14, 110-15, 110-16, 110-17, | ||||||
17 | 110-18, 111-2, 112A-23, 114-1, 115-4.1, and 122-6 and by adding | ||||||
18 | Section 110-1.5 as follows:
| ||||||
19 | (725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
| ||||||
20 | Sec. 102-6. Pretrial release "Bail" .
| ||||||
21 | "Pretrial release" "Bail" has the meaning ascribed to bail | ||||||
22 | in Section 9 of Article I of the Illinois Constitution that is | ||||||
23 | non-monetary means the amount of money set by the court which | ||||||
24 | is required to
be obligated and secured as provided by law for |
| |||||||
| |||||||
1 | the release of a person in
custody in order that he will appear | ||||||
2 | before the court in which his
appearance may be required and | ||||||
3 | that he will comply with such conditions as
set forth in the | ||||||
4 | bail bond .
| ||||||
5 | (Source: Laws 1963, p. 2836.)
| ||||||
6 | (725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
| ||||||
7 | Sec. 102-7.
Conditions of pretrial release "Bail
bond" .
| ||||||
8 | "Conditions of pretrial release" "Bail bond" means the | ||||||
9 | conditions established by the court an undertaking secured by | ||||||
10 | bail entered into by a
person in custody by which he binds | ||||||
11 | himself to comply with such conditions
as are set forth | ||||||
12 | therein.
| ||||||
13 | (Source: Laws 1963, p. 2836.)
| ||||||
14 | (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
| ||||||
15 | Sec. 103-5. Speedy trial.) | ||||||
16 | (a) Every person in custody in this State for an alleged | ||||||
17 | offense shall
be tried by the court having jurisdiction within | ||||||
18 | 120 days from the date he or she
was taken into custody unless | ||||||
19 | delay is occasioned by the defendant, by an
examination for | ||||||
20 | fitness ordered pursuant to Section 104-13 of this Act, by
a | ||||||
21 | fitness hearing, by an adjudication of unfitness to stand | ||||||
22 | trial, by a
continuance allowed pursuant to Section 114-4 of | ||||||
23 | this Act after a court's
determination of the defendant's | ||||||
24 | physical incapacity for trial, or by an
interlocutory appeal. |
| |||||||
| |||||||
1 | Delay shall be considered to be agreed to by the
defendant | ||||||
2 | unless he or she objects to the delay by making a written | ||||||
3 | demand for
trial or an oral demand for trial on the record. The | ||||||
4 | provisions of this subsection
(a) do not apply to a person on | ||||||
5 | pretrial release bail or recognizance for an offense
but who is | ||||||
6 | in custody for a violation of his or her parole, aftercare | ||||||
7 | release, or mandatory
supervised release for another offense.
| ||||||
8 | The 120-day term must be one continuous period of | ||||||
9 | incarceration. In
computing the 120-day term, separate periods | ||||||
10 | of incarceration may not be
combined. If a defendant is taken | ||||||
11 | into custody a second (or subsequent) time
for the same | ||||||
12 | offense, the term will begin again at day zero.
| ||||||
13 | (b) Every person on pretrial release bail or recognizance | ||||||
14 | shall be tried by the court
having jurisdiction within 160 days | ||||||
15 | from the date defendant demands
trial unless delay is | ||||||
16 | occasioned by the defendant, by an examination for
fitness | ||||||
17 | ordered pursuant to Section 104-13 of this Act, by a fitness
| ||||||
18 | hearing, by an adjudication of unfitness to stand trial, by a | ||||||
19 | continuance
allowed pursuant to Section 114-4 of this Act after | ||||||
20 | a court's determination
of the defendant's physical incapacity | ||||||
21 | for trial, or by an interlocutory
appeal. The defendant's | ||||||
22 | failure to appear for any court date set by the
court operates | ||||||
23 | to waive the defendant's demand for trial made under this
| ||||||
24 | subsection.
| ||||||
25 | For purposes of computing the 160 day period under this | ||||||
26 | subsection (b),
every person who was in custody for an alleged |
| |||||||
| |||||||
1 | offense and demanded trial
and is subsequently released on | ||||||
2 | pretrial release bail or recognizance and demands trial,
shall | ||||||
3 | be given credit for time spent in custody following the making | ||||||
4 | of the
demand while in custody. Any demand for trial made under | ||||||
5 | this
subsection (b)
shall be in writing; and in the
case of a | ||||||
6 | defendant not in custody, the
demand for trial shall include | ||||||
7 | the date of any prior demand made under this
provision while | ||||||
8 | the defendant was in custody.
| ||||||
9 | (c) If the court determines that the State has exercised | ||||||
10 | without
success due diligence to obtain evidence material to | ||||||
11 | the case and that
there are reasonable grounds to believe that | ||||||
12 | such evidence may be
obtained at a later day the court may | ||||||
13 | continue the cause on application
of the State for not more | ||||||
14 | than an additional 60 days. If the court
determines that the | ||||||
15 | State has exercised without success due diligence to
obtain | ||||||
16 | results of DNA testing that is material to the case and that | ||||||
17 | there
are reasonable grounds to believe that such results may | ||||||
18 | be obtained at a
later day, the court may continue the cause on | ||||||
19 | application of the State for
not more than an additional 120 | ||||||
20 | days.
| ||||||
21 | (d) Every person not tried in accordance with subsections | ||||||
22 | (a), (b)
and (c) of this Section shall be discharged from | ||||||
23 | custody or released
from the obligations of his pretrial | ||||||
24 | release bail or recognizance.
| ||||||
25 | (e) If a person is simultaneously in custody upon more than | ||||||
26 | one
charge pending against him in the same county, or |
| |||||||
| |||||||
1 | simultaneously demands
trial upon more than one charge pending | ||||||
2 | against him in the same county,
he shall be tried, or adjudged | ||||||
3 | guilty after waiver of trial, upon at
least one such charge | ||||||
4 | before expiration relative to any of such pending
charges of | ||||||
5 | the period prescribed by subsections (a) and (b) of this
| ||||||
6 | Section. Such person shall be tried upon all of the remaining | ||||||
7 | charges
thus pending within 160 days from the date on which | ||||||
8 | judgment relative to
the first charge thus prosecuted is | ||||||
9 | rendered pursuant to the Unified Code of
Corrections or, if | ||||||
10 | such trial upon such first charge is terminated
without | ||||||
11 | judgment and there is no subsequent trial of, or adjudication | ||||||
12 | of
guilt after waiver of trial of, such first charge within a | ||||||
13 | reasonable
time, the person shall be tried upon all of the | ||||||
14 | remaining charges thus
pending within 160 days from the date on | ||||||
15 | which such trial is terminated;
if either such period of 160 | ||||||
16 | days expires without the commencement of
trial of, or | ||||||
17 | adjudication of guilt after waiver of trial of, any of such
| ||||||
18 | remaining charges thus pending, such charge or charges shall be
| ||||||
19 | dismissed and barred for want of prosecution unless delay is | ||||||
20 | occasioned
by the defendant, by an examination for fitness | ||||||
21 | ordered pursuant to
Section 104-13 of this Act, by a fitness | ||||||
22 | hearing, by an adjudication
of unfitness for trial, by a | ||||||
23 | continuance allowed pursuant to Section
114-4 of this Act after | ||||||
24 | a court's determination of the defendant's
physical incapacity | ||||||
25 | for trial, or by an interlocutory appeal; provided,
however, | ||||||
26 | that if the court determines that the State has exercised
|
| |||||||
| |||||||
1 | without success due diligence to obtain evidence material to | ||||||
2 | the case
and that there are reasonable grounds to believe that | ||||||
3 | such evidence may
be obtained at a later day the court may | ||||||
4 | continue the cause on
application of the State for not more | ||||||
5 | than an additional 60 days.
| ||||||
6 | (f) Delay occasioned by the defendant shall temporarily | ||||||
7 | suspend for
the time of the delay the period within which a | ||||||
8 | person shall be tried as
prescribed by subsections (a), (b), or | ||||||
9 | (e) of this Section and on the
day of expiration of the delay | ||||||
10 | the said period shall continue at the
point at which it was | ||||||
11 | suspended. Where such delay occurs within 21 days
of the end of | ||||||
12 | the period within which a person shall be tried as
prescribed | ||||||
13 | by subsections (a), (b), or (e) of this Section, the court
may | ||||||
14 | continue the cause on application of the State for not more | ||||||
15 | than an
additional 21 days beyond the period prescribed by | ||||||
16 | subsections (a), (b), or
(e). This subsection (f) shall become | ||||||
17 | effective on, and apply to persons
charged with alleged | ||||||
18 | offenses committed on or after, March 1, 1977.
| ||||||
19 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
20 | (725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
| ||||||
21 | Sec. 103-7. Posting notice of rights.
| ||||||
22 | Every sheriff, chief of police or other person who is in | ||||||
23 | charge of any
jail, police station or other building where | ||||||
24 | persons under arrest are held
in custody pending investigation, | ||||||
25 | pretrial release bail or other criminal proceedings, shall
post |
| |||||||
| |||||||
1 | in every room, other than cells, of such buildings where | ||||||
2 | persons are
held in custody, in conspicuous places where it may | ||||||
3 | be seen and read by
persons in custody and others, a poster, | ||||||
4 | printed in large type, containing
a verbatim copy in the | ||||||
5 | English language of the provisions of Sections 103-2,
103-3, | ||||||
6 | 103-4, 109-1, 110-2, 110-4, and sub-parts (a) and (b) of
| ||||||
7 | Sections 110-7 and 113-3 of this Code. Each person who is in | ||||||
8 | charge of
any courthouse or other building in which any trial | ||||||
9 | of an offense is
conducted shall post in each room primarily | ||||||
10 | used for such trials and in
each room in which defendants are | ||||||
11 | confined or wait, pending trial, in
conspicuous places where it | ||||||
12 | may be seen and read by persons in custody and
others, a | ||||||
13 | poster, printed in large type, containing a verbatim copy in | ||||||
14 | the
English language of the provisions of Sections 103-6, | ||||||
15 | 113-1, 113-4 and
115-1 and of subparts (a) and (b) of Section | ||||||
16 | 113-3 of this Code.
| ||||||
17 | (Source: Laws 1965, p. 2622 .)
| ||||||
18 | (725 ILCS 5/103-9) (from Ch. 38, par. 103-9)
| ||||||
19 | Sec. 103-9. Bail bondsmen. No bail bondsman from any state | ||||||
20 | may seize
or transport unwillingly any person found in this | ||||||
21 | State who is allegedly in
violation of a bail bond posted in | ||||||
22 | some other state or conditions of pretrial release . The return | ||||||
23 | of any
such person to another state may be accomplished only as | ||||||
24 | provided by the
laws of this State. Any bail bondsman who | ||||||
25 | violates this Section is fully
subject to the criminal and |
| |||||||
| |||||||
1 | civil penalties provided by the laws of this
State for his | ||||||
2 | actions.
| ||||||
3 | (Source: P.A. 84-694.)
| ||||||
4 | (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
| ||||||
5 | Sec. 104-13. Fitness Examination.
| ||||||
6 | (a) When the issue of fitness involves
the defendant's | ||||||
7 | mental condition, the court shall order an examination of
the | ||||||
8 | defendant by one or more licensed physicians, clinical | ||||||
9 | psychologists,
or psychiatrists chosen by the court. No | ||||||
10 | physician, clinical
psychologist or psychiatrist employed by | ||||||
11 | the Department of Human Services shall
be ordered to perform,
| ||||||
12 | in his official capacity, an examination under this Section.
| ||||||
13 | (b) If the issue of fitness involves the defendant's | ||||||
14 | physical condition,
the court shall appoint one or more | ||||||
15 | physicians and in addition, such other
experts as it may deem | ||||||
16 | appropriate to examine the defendant and to report
to the court | ||||||
17 | regarding the defendant's condition.
| ||||||
18 | (c) An examination ordered under this Section shall be | ||||||
19 | given at the place
designated by the person who will conduct | ||||||
20 | the examination, except that if
the defendant is being held in | ||||||
21 | custody, the examination shall take place
at such location as | ||||||
22 | the court directs. No examinations under this
Section shall be | ||||||
23 | ordered to take place at mental health or developmental
| ||||||
24 | disabilities facilities operated by the Department of Human | ||||||
25 | Services.
If the defendant fails to keep appointments
without |
| |||||||
| |||||||
1 | reasonable cause or if the person conducting the examination | ||||||
2 | reports
to the court that diagnosis requires hospitalization or | ||||||
3 | extended observation,
the court may order the defendant | ||||||
4 | admitted to an appropriate facility for
an examination, other | ||||||
5 | than a screening examination, for not more than 7
days. The | ||||||
6 | court may, upon a showing of good cause, grant an additional
7 | ||||||
7 | days to complete the examination.
| ||||||
8 | (d) Release on pretrial release bail or on recognizance | ||||||
9 | shall not be revoked and an
application therefor shall not be | ||||||
10 | denied on the grounds that an examination
has been ordered.
| ||||||
11 | (e) Upon request by the defense and if the defendant is | ||||||
12 | indigent, the
court may appoint, in addition to the expert or | ||||||
13 | experts chosen pursuant to
subsection (a) of this Section, a | ||||||
14 | qualified expert selected by the defendant
to examine him and | ||||||
15 | to make a report as provided in Section 104-15. Upon
the filing | ||||||
16 | with the court of a verified statement of services rendered, | ||||||
17 | the
court shall enter an order on the county board to pay such | ||||||
18 | expert a
reasonable fee stated in the order.
| ||||||
19 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
20 | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
| ||||||
21 | Sec. 104-17. Commitment for treatment; treatment plan.
| ||||||
22 | (a) If the defendant
is eligible to be or has been released | ||||||
23 | on pretrial release bail or on his own recognizance,
the court | ||||||
24 | shall select the least physically restrictive form of treatment
| ||||||
25 | therapeutically appropriate and consistent with the treatment |
| |||||||
| |||||||
1 | plan. The placement may be ordered either on an inpatient or an | ||||||
2 | outpatient basis.
| ||||||
3 | (b) If the defendant's disability is mental, the court may | ||||||
4 | order him placed
for treatment in the custody of the Department | ||||||
5 | of Human Services, or the court may order him placed in
the | ||||||
6 | custody of any other
appropriate public or private mental | ||||||
7 | health facility or treatment program
which has agreed to | ||||||
8 | provide treatment to the defendant. If the court orders the | ||||||
9 | defendant placed in the custody of the Department of Human | ||||||
10 | Services, the Department shall evaluate the defendant to | ||||||
11 | determine to which secure facility the defendant shall be | ||||||
12 | transported and, within 20 days of the transmittal by the clerk | ||||||
13 | of the circuit court of the placement court order, notify the | ||||||
14 | sheriff of the designated facility. Upon receipt of that | ||||||
15 | notice, the sheriff shall promptly transport the defendant to | ||||||
16 | the designated facility. If the defendant
is placed in the | ||||||
17 | custody of the Department of Human Services, the defendant | ||||||
18 | shall be placed in a
secure setting. During
the period of time | ||||||
19 | required to determine the appropriate placement the
defendant | ||||||
20 | shall remain in jail. If during the course of evaluating the | ||||||
21 | defendant for placement, the Department of Human Services | ||||||
22 | determines that the defendant is currently fit to stand trial, | ||||||
23 | it shall immediately notify the court and shall submit a | ||||||
24 | written report within 7 days. In that circumstance the | ||||||
25 | placement shall be held pending a court hearing on the | ||||||
26 | Department's report. Otherwise, upon completion of the |
| |||||||
| |||||||
1 | placement process, the
sheriff shall be notified and shall | ||||||
2 | transport the defendant to the designated
facility. If, within | ||||||
3 | 20 days of the transmittal by the clerk of the circuit court of | ||||||
4 | the placement court order, the Department fails to notify the | ||||||
5 | sheriff of the identity of the facility to which the defendant | ||||||
6 | shall be transported, the sheriff shall contact a designated | ||||||
7 | person within the Department to inquire about when a placement | ||||||
8 | will become available at the designated facility and bed | ||||||
9 | availability at other facilities. If, within
20 days of the | ||||||
10 | transmittal by the clerk of the circuit court of the placement | ||||||
11 | court order, the Department
fails to notify the sheriff of the | ||||||
12 | identity of the facility to
which the defendant shall be | ||||||
13 | transported, the sheriff shall
notify the Department of its | ||||||
14 | intent to transfer the defendant to the nearest secure mental | ||||||
15 | health facility operated by the Department and inquire as to | ||||||
16 | the status of the placement evaluation and availability for | ||||||
17 | admission to such facility operated by the Department by | ||||||
18 | contacting a designated person within the Department. The | ||||||
19 | Department shall respond to the sheriff within 2 business days | ||||||
20 | of the notice and inquiry by the sheriff seeking the transfer | ||||||
21 | and the Department shall provide the sheriff with the status of | ||||||
22 | the evaluation, information on bed and placement availability, | ||||||
23 | and an estimated date of admission for the defendant and any | ||||||
24 | changes to that estimated date of admission. If the Department | ||||||
25 | notifies the sheriff during the 2 business day period of a | ||||||
26 | facility operated by the Department with placement |
| |||||||
| |||||||
1 | availability, the sheriff shall promptly transport the | ||||||
2 | defendant to that facility. The placement may be ordered either | ||||||
3 | on an inpatient or an outpatient
basis.
| ||||||
4 | (c) If the defendant's disability is physical, the court | ||||||
5 | may order him
placed under the supervision of the Department of | ||||||
6 | Human
Services
which shall place and maintain the defendant in | ||||||
7 | a suitable treatment facility
or program, or the court may | ||||||
8 | order him placed in an appropriate public or
private facility | ||||||
9 | or treatment program which has agreed to provide treatment
to | ||||||
10 | the defendant. The placement may be ordered either on an | ||||||
11 | inpatient or
an outpatient basis.
| ||||||
12 | (d) The clerk of the circuit court shall within 5 days of | ||||||
13 | the entry of the order transmit to the Department, agency
or | ||||||
14 | institution, if any, to which the defendant is remanded for | ||||||
15 | treatment, the
following:
| ||||||
16 | (1) a certified copy of the order to undergo treatment. | ||||||
17 | Accompanying the certified copy of the order to undergo | ||||||
18 | treatment shall be the complete copy of any report prepared | ||||||
19 | under Section 104-15 of this Code or other report prepared | ||||||
20 | by a forensic examiner for the court;
| ||||||
21 | (2) the county and municipality in which the offense | ||||||
22 | was committed;
| ||||||
23 | (3) the county and municipality in which the arrest | ||||||
24 | took place; | ||||||
25 | (4) a copy of the arrest report, criminal charges, | ||||||
26 | arrest record; and
|
| |||||||
| |||||||
1 | (5) all additional matters which the Court directs the | ||||||
2 | clerk to transmit.
| ||||||
3 | (e) Within 30 days of entry of an order to undergo | ||||||
4 | treatment, the person
supervising the defendant's treatment | ||||||
5 | shall file with the court, the State,
and the defense a report | ||||||
6 | assessing the facility's or program's capacity
to provide | ||||||
7 | appropriate treatment for the defendant and indicating his | ||||||
8 | opinion
as to the probability of the defendant's attaining | ||||||
9 | fitness within a period
of time from the date of the finding of | ||||||
10 | unfitness. For a defendant charged with a felony, the period of | ||||||
11 | time shall be one year. For a defendant charged with a | ||||||
12 | misdemeanor, the period of time shall be no longer than the | ||||||
13 | sentence if convicted of the most serious offense. If the | ||||||
14 | report indicates
that there is a substantial probability that | ||||||
15 | the defendant will attain fitness
within the time period, the | ||||||
16 | treatment supervisor shall also file a treatment
plan which | ||||||
17 | shall include:
| ||||||
18 | (1) A diagnosis of the defendant's disability;
| ||||||
19 | (2) A description of treatment goals with respect to | ||||||
20 | rendering the
defendant
fit, a specification of the | ||||||
21 | proposed treatment modalities, and an estimated
timetable | ||||||
22 | for attainment of the goals;
| ||||||
23 | (3) An identification of the person in charge of | ||||||
24 | supervising the
defendant's
treatment.
| ||||||
25 | (Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | (725 ILCS 5/106D-1)
| ||||||
2 | Sec. 106D-1. Defendant's appearance by closed circuit | ||||||
3 | television and video conference.
| ||||||
4 | (a) Whenever the appearance in person in court, in either a | ||||||
5 | civil or criminal proceeding, is required of anyone held in a | ||||||
6 | place of custody or confinement operated by the State or any of | ||||||
7 | its political subdivisions, including counties and | ||||||
8 | municipalities, the chief judge of the circuit by rule may | ||||||
9 | permit the personal appearance to be made by means of two-way | ||||||
10 | audio-visual communication, including closed circuit | ||||||
11 | television and computerized video conference, in the following | ||||||
12 | proceedings: | ||||||
13 | (1) the initial appearance before a judge on a criminal | ||||||
14 | complaint, at which the conditions of pretrial release bail | ||||||
15 | will be set; | ||||||
16 | (2) the waiver of a preliminary hearing; | ||||||
17 | (3) the arraignment on an information or indictment at | ||||||
18 | which a plea of not guilty will be entered; | ||||||
19 | (4) the presentation of a jury waiver; | ||||||
20 | (5) any status hearing; | ||||||
21 | (6) any hearing conducted under the Sexually Violent | ||||||
22 | Persons Commitment Act at which no witness testimony will | ||||||
23 | be taken; and | ||||||
24 | (7) at any hearing conducted under the Sexually Violent | ||||||
25 | Persons Commitment Act at which no witness testimony will | ||||||
26 | be taken.
|
| |||||||
| |||||||
1 | (b) The two-way audio-visual communication facilities must | ||||||
2 | provide two-way audio-visual communication between the court | ||||||
3 | and the place of custody or confinement, and must include a | ||||||
4 | secure line over which the person in custody and his or her | ||||||
5 | counsel, if any, may communicate. | ||||||
6 | (c) Nothing in this Section shall be construed to prohibit | ||||||
7 | other court appearances through the use of two-way audio-visual | ||||||
8 | communication, upon waiver of any right the person in custody | ||||||
9 | or confinement may have to be present physically. | ||||||
10 | (d) Nothing in this Section shall be construed to establish | ||||||
11 | a right of any person held in custody or confinement to appear | ||||||
12 | in court through two-way audio-visual communication or to | ||||||
13 | require that any governmental entity, or place of custody or | ||||||
14 | confinement, provide two-way audio-visual communication.
| ||||||
15 | (Source: P.A. 95-263, eff. 8-17-07 .)
| ||||||
16 | (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
| ||||||
17 | Sec. 107-4. Arrest by peace officer from other | ||||||
18 | jurisdiction.
| ||||||
19 | (a) As used in this Section:
| ||||||
20 | (1) "State" means any State of the United States and | ||||||
21 | the District of
Columbia.
| ||||||
22 | (2) "Peace Officer" means any peace officer or member | ||||||
23 | of any duly
organized State, County, or Municipal peace | ||||||
24 | unit, any police force of another
State, the United States | ||||||
25 | Department of Defense, or any police force whose members, |
| |||||||
| |||||||
1 | by statute, are granted and authorized to exercise powers | ||||||
2 | similar to those conferred upon any peace officer employed | ||||||
3 | by a law enforcement agency of this State.
| ||||||
4 | (3) "Fresh pursuit" means the immediate pursuit of a | ||||||
5 | person who is
endeavoring to avoid arrest.
| ||||||
6 | (4) "Law enforcement agency" means a municipal police | ||||||
7 | department or
county
sheriff's office of this State.
| ||||||
8 | (a-3) Any peace officer employed by a law enforcement | ||||||
9 | agency of this State
may conduct temporary questioning pursuant | ||||||
10 | to Section 107-14 of this Code and
may make arrests in any | ||||||
11 | jurisdiction within this State: (1) if the officer is
engaged | ||||||
12 | in the investigation of criminal activity that occurred in the | ||||||
13 | officer's
primary jurisdiction and the temporary questioning | ||||||
14 | or arrest relates to, arises from, or is conducted pursuant to | ||||||
15 | that investigation; or (2) if the officer, while on duty as a
| ||||||
16 | peace officer, becomes personally aware of the immediate | ||||||
17 | commission of a felony
or misdemeanor violation of the laws of | ||||||
18 | this State; or (3) if
the officer, while on duty as a peace | ||||||
19 | officer, is requested by an
appropriate State or local law | ||||||
20 | enforcement official to render aid or
assistance to the | ||||||
21 | requesting law enforcement agency that is outside the
officer's | ||||||
22 | primary jurisdiction; or (4) in accordance with Section | ||||||
23 | 2605-580 of the Department of State Police Law of the
Civil | ||||||
24 | Administrative Code of Illinois. While acting pursuant to this | ||||||
25 | subsection, an
officer has the same authority as within his or | ||||||
26 | her
own jurisdiction.
|
| |||||||
| |||||||
1 | (a-7) The law enforcement agency of the county or | ||||||
2 | municipality in which any
arrest is made under this Section | ||||||
3 | shall be immediately notified of the
arrest.
| ||||||
4 | (b) Any peace officer of another State who enters this | ||||||
5 | State in
fresh
pursuit and continues within this State in fresh | ||||||
6 | pursuit of a person in
order to arrest him on the ground that | ||||||
7 | he has committed an offense in the
other State has the same | ||||||
8 | authority to arrest and hold the person in custody
as peace | ||||||
9 | officers of this State have to arrest and hold a person in | ||||||
10 | custody
on the ground that he has committed an offense in this | ||||||
11 | State.
| ||||||
12 | (c) If an arrest is made in this State by a peace officer | ||||||
13 | of
another
State in accordance with the provisions of this | ||||||
14 | Section he shall without
unnecessary delay take the person | ||||||
15 | arrested before the circuit court of the
county in which the | ||||||
16 | arrest was made. Such court shall conduct a hearing for
the | ||||||
17 | purpose of determining the lawfulness of the arrest. If the | ||||||
18 | court
determines that the arrest was lawful it shall commit the | ||||||
19 | person arrested,
to await for a reasonable time the issuance of | ||||||
20 | an extradition warrant by
the Governor of this State, or admit | ||||||
21 | him to pretrial release bail for such purpose. If the
court | ||||||
22 | determines that the arrest was unlawful it shall discharge the | ||||||
23 | person
arrested.
| ||||||
24 | (Source: P.A. 98-576, eff. 1-1-14.)
| ||||||
25 | (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
|
| |||||||
| |||||||
1 | Sec. 107-9. Issuance of arrest warrant upon complaint.
| ||||||
2 | (a) When a complaint is presented to a court charging that | ||||||
3 | an offense
has been committed it shall examine upon oath or | ||||||
4 | affirmation the
complainant or any witnesses.
| ||||||
5 | (b) The complaint shall be in writing and shall:
| ||||||
6 | (1) State the name of the accused if known, and if not | ||||||
7 | known the accused
may be designated by any name or | ||||||
8 | description by which he can be identified
with reasonable | ||||||
9 | certainty;
| ||||||
10 | (2) State the offense with which the accused is | ||||||
11 | charged;
| ||||||
12 | (3) State the time and place of the offense as | ||||||
13 | definitely as can be done
by the complainant; and
| ||||||
14 | (4) Be subscribed and sworn to by the complainant.
| ||||||
15 | (b-5) If an arrest warrant is sought and the request is | ||||||
16 | made by electronic means that has a simultaneous video and | ||||||
17 | audio transmission between the requester and a judge, the judge | ||||||
18 | may issue an arrest warrant based upon a sworn complaint or | ||||||
19 | sworn testimony communicated in the transmission. | ||||||
20 | (c) A warrant shall be issued by the court for the arrest | ||||||
21 | of the person
complained against if it appears from the | ||||||
22 | contents of the complaint and the
examination of the | ||||||
23 | complainant or other witnesses, if any, that the person
against | ||||||
24 | whom the complaint was made has committed an offense.
| ||||||
25 | (d) The warrant of arrest shall:
| ||||||
26 | (1) Be in writing;
|
| |||||||
| |||||||
1 | (2) Specify the name, sex and birth date of the person | ||||||
2 | to be arrested
or if his name, sex or birth date is | ||||||
3 | unknown, shall designate such person
by any name or | ||||||
4 | description by which he can be identified with reasonable
| ||||||
5 | certainty;
| ||||||
6 | (3) Set forth the nature of the offense;
| ||||||
7 | (4) State the date when issued and the municipality or | ||||||
8 | county where
issued;
| ||||||
9 | (5) Be signed by the judge of the court with the title | ||||||
10 | of his office;
| ||||||
11 | (6) Command that the person against whom the complaint | ||||||
12 | was made be
arrested and brought before the court issuing | ||||||
13 | the warrant or if he is
absent or unable to act before the | ||||||
14 | nearest or most accessible court in the
same county;
| ||||||
15 | (7) Specify the conditions of pretrial release amount | ||||||
16 | of bail ; and
| ||||||
17 | (8) Specify any geographical limitation placed on the | ||||||
18 | execution of the
warrant, but such limitation shall not be | ||||||
19 | expressed in mileage.
| ||||||
20 | (e) The warrant shall be directed to all peace officers in | ||||||
21 | the State. It
shall be executed by the peace officer, or by a | ||||||
22 | private person specially
named therein, at any location within | ||||||
23 | the geographic limitation for
execution placed on the warrant. | ||||||
24 | If no geographic limitation is placed on
the warrant, then it | ||||||
25 | may be executed anywhere in the State.
| ||||||
26 | (f) The arrest warrant may be issued electronically or |
| |||||||
| |||||||
1 | electromagnetically by
use of electronic mail or a facsimile | ||||||
2 | transmission machine and any arrest warrant shall have the
same | ||||||
3 | validity as a written warrant.
| ||||||
4 | (Source: P.A. 101-239, eff. 1-1-20 .)
| ||||||
5 | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
| ||||||
6 | Sec. 109-1. Person arrested ; release from law enforcement | ||||||
7 | custody and court appearance .
| ||||||
8 | (a) A person arrested with or without a warrant for an | ||||||
9 | offense for which pretrial release may be denied, unless | ||||||
10 | released by the arresting officer shall be taken without
| ||||||
11 | unnecessary delay before the nearest and most accessible judge
| ||||||
12 | in that county, except when such county is a participant in a
| ||||||
13 | regional jail authority, in which event such person may be | ||||||
14 | taken to the
nearest and most accessible judge, irrespective of | ||||||
15 | the county where such
judge presides,
and a charge shall be | ||||||
16 | filed.
An arresting officer may release a person arrested for | ||||||
17 | an offense for which pretrial release may be denied, other than | ||||||
18 | first degree murder, attempted first degree murder, or a | ||||||
19 | violent sexual offense, without an appearance before a judge if | ||||||
20 | release of the person is in the public interest. Whenever a | ||||||
21 | person arrested either with or without a warrant is required
to | ||||||
22 | be taken
before a judge, a charge
may be filed against such | ||||||
23 | person by way of a two-way closed circuit
television system, | ||||||
24 | except that a hearing to deny pretrial release bail to the | ||||||
25 | defendant may
not be conducted by way of closed circuit |
| |||||||
| |||||||
1 | television.
| ||||||
2 | (a-3) A person arrested with or without a warrant for an | ||||||
3 | offense for which pretrial release may not be denied may, | ||||||
4 | except as otherwise provided in this Code, be released by the | ||||||
5 | officer without appearing before a judge. The releasing officer | ||||||
6 | shall issue the person a summons to appear. | ||||||
7 | (a-5) A person charged with an offense shall be allowed | ||||||
8 | counsel at the hearing at which pretrial release bail is | ||||||
9 | determined under Article 110 of this Code. If the defendant | ||||||
10 | desires counsel for his or her initial appearance but is unable | ||||||
11 | to obtain counsel, the court shall appoint a public defender or | ||||||
12 | licensed attorney at law of this State to represent him or her | ||||||
13 | for purposes of that hearing. | ||||||
14 | (a-7) A presumption in favor of pretrial release of a | ||||||
15 | person shall be applied by an arresting officer in the exercise | ||||||
16 | of his or her discretion under this Section. | ||||||
17 | (b) Upon initial appearance of a person before the court, | ||||||
18 | the The judge shall:
| ||||||
19 | (1) inform Inform the defendant of the charge against | ||||||
20 | him and shall provide him
with a copy of the charge;
| ||||||
21 | (2) advise Advise the defendant of his right to counsel | ||||||
22 | and if indigent shall
appoint a public defender or licensed | ||||||
23 | attorney at law of this State to
represent him in | ||||||
24 | accordance with the provisions of Section 113-3 of this
| ||||||
25 | Code;
| ||||||
26 | (3) schedule Schedule a preliminary hearing in |
| |||||||
| |||||||
1 | appropriate cases;
| ||||||
2 | (4) admit Admit the defendant to pretrial release bail | ||||||
3 | in accordance with the provisions of
Article 110 of this | ||||||
4 | Code , or upon verified petition of the State, proceed with | ||||||
5 | the setting of a detention hearing as provided in Section | ||||||
6 | 110-6.1 ; and
| ||||||
7 | (5) Order the confiscation of the person's passport or | ||||||
8 | impose travel restrictions on a defendant arrested for | ||||||
9 | first degree murder or other violent crime as defined in | ||||||
10 | Section 3 of the Rights of Crime Victims and Witnesses Act, | ||||||
11 | if the judge determines, based on the factors in Section | ||||||
12 | 110-5 of this Code, that this will reasonably ensure the | ||||||
13 | appearance of the defendant and compliance by the defendant | ||||||
14 | with all conditions of release. | ||||||
15 | (c) The court may issue an order of protection in | ||||||
16 | accordance with
the provisions of Article 112A of this Code.
| ||||||
17 | (d) At the initial appearance of a defendant in any | ||||||
18 | criminal proceeding, the court must advise the defendant in | ||||||
19 | open court that any foreign national who is arrested or | ||||||
20 | detained has the right to have notice of the arrest or | ||||||
21 | detention given to his or her country's consular | ||||||
22 | representatives and the right to communicate with those | ||||||
23 | consular representatives if the notice has not already been | ||||||
24 | provided. The court must make a written record of so advising | ||||||
25 | the defendant. | ||||||
26 | (e) If consular notification is not provided to a defendant |
| |||||||
| |||||||
1 | before his or her first appearance in court, the court shall | ||||||
2 | grant any reasonable request for a continuance of the | ||||||
3 | proceedings to allow contact with the defendant's consulate. | ||||||
4 | Any delay caused by the granting of the request by a defendant | ||||||
5 | shall temporarily suspend for the time of the delay the period | ||||||
6 | within which a person shall be tried as prescribed by | ||||||
7 | subsections (a), (b), or (e) of Section 103-5 of this Code and | ||||||
8 | on the day of the expiration of delay the period shall continue | ||||||
9 | at the point at which it was suspended. | ||||||
10 | (f) At the hearing at which conditions of pretrial release | ||||||
11 | are determined, the person charged shall be present in person | ||||||
12 | rather than by video phone or any other form of electronic | ||||||
13 | communication, unless the physical health and safety of the | ||||||
14 | person would be endangered by appearing in court or the accused | ||||||
15 | waives the right to be present in person. | ||||||
16 | (Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, | ||||||
17 | eff. 1-1-18 .)
| ||||||
18 | (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
| ||||||
19 | Sec. 109-2. Person arrested in another county. (a) Any | ||||||
20 | person arrested in a county other than the one in which a | ||||||
21 | warrant
for his arrest was issued shall be taken without | ||||||
22 | unnecessary delay before
the nearest and most accessible judge | ||||||
23 | in the county where the arrest was
made or, if no additional | ||||||
24 | delay is created, before the nearest and most
accessible judge | ||||||
25 | in the county from which the warrant was issued. He
shall be |
| |||||||
| |||||||
1 | admitted to pretrial release under the conditions bail in the | ||||||
2 | amount specified in the warrant or, for
offenses other than | ||||||
3 | felonies, in an amount as set by the judge, and such
conditions | ||||||
4 | of pretrial release bail shall be conditioned on his appearing | ||||||
5 | in the court issuing the warrant
on a certain date. The judge | ||||||
6 | may hold a hearing to determine if the
defendant is the same | ||||||
7 | person as named in the warrant.
| ||||||
8 | (b) Notwithstanding the provisions of subsection (a), any | ||||||
9 | person
arrested in a county other than the one in which a | ||||||
10 | warrant for his arrest
was issued, may waive the right to be | ||||||
11 | taken before a judge in the county
where the arrest was made. | ||||||
12 | If a person so arrested waives such right, the
arresting agency | ||||||
13 | shall surrender such person to a law enforcement agency of
the | ||||||
14 | county that issued the warrant without unnecessary delay. The
| ||||||
15 | provisions of Section 109-1 shall then apply to the person so | ||||||
16 | arrested.
| ||||||
17 | (Source: P.A. 86-298.)
| ||||||
18 | (725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
| ||||||
19 | Sec. 109-3. Preliminary examination.)
| ||||||
20 | (a) The judge shall hold the defendant to answer to the | ||||||
21 | court having
jurisdiction of the offense if from the evidence | ||||||
22 | it appears there is
probable cause to believe an offense has | ||||||
23 | been committed by the
defendant, as provided in Section 109-3.1 | ||||||
24 | of this Code, if the offense is a felony.
| ||||||
25 | (b) If the defendant waives preliminary examination the |
| |||||||
| |||||||
1 | judge shall hold
him to answer and may, or on the demand of the | ||||||
2 | prosecuting attorney shall,
cause the witnesses for the State | ||||||
3 | to be examined. After hearing the
testimony if it appears that | ||||||
4 | there is not probable cause to believe the
defendant guilty of | ||||||
5 | any offense the judge shall discharge him.
| ||||||
6 | (c) During the examination of any witness or when the | ||||||
7 | defendant is
making a statement or testifying the judge may and | ||||||
8 | on the request of the
defendant or State shall exclude all | ||||||
9 | other witnesses. He may also cause the
witnesses to be kept | ||||||
10 | separate and to be prevented from communicating with
each other | ||||||
11 | until all are examined.
| ||||||
12 | (d) If the defendant is held to answer the judge may | ||||||
13 | require any
material witness for the State or defendant to | ||||||
14 | enter into a written
undertaking to appear at the trial, and | ||||||
15 | may provide for the forfeiture of a
sum certain in the event | ||||||
16 | the witness does not appear at the trial. Any
witness who | ||||||
17 | refuses to execute a recognizance may be committed by the judge
| ||||||
18 | to the custody of the sheriff until trial or further order of | ||||||
19 | the court
having jurisdiction of the cause. Any witness who | ||||||
20 | executes a recognizance
and fails to comply with its terms | ||||||
21 | shall, in addition to any forfeiture
provided in the | ||||||
22 | recognizance, be subject to the penalty provided in Section
| ||||||
23 | 32-10 of the Criminal Code of 2012 for violation of the | ||||||
24 | conditions of pretrial release bail bond .
| ||||||
25 | (e) During preliminary hearing or examination the | ||||||
26 | defendant may move for
an order of suppression of evidence |
| |||||||
| |||||||
1 | pursuant to Section 114-11 or 114-12
of this Act or for other | ||||||
2 | reasons, and may move for dismissal of the charge
pursuant to | ||||||
3 | Section 114-1 of this Act or for other reasons.
| ||||||
4 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
5 | (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
| ||||||
6 | Sec. 109-3.1. Persons Charged with Felonies. (a) In any | ||||||
7 | case involving a person charged with a felony in this State,
| ||||||
8 | alleged to have been committed on or after January 1, 1984, the | ||||||
9 | provisions
of this Section shall apply.
| ||||||
10 | (b) Every person in custody in this State for the alleged | ||||||
11 | commission of
a felony shall receive either a preliminary | ||||||
12 | examination as provided in Section
109-3 or an indictment by | ||||||
13 | Grand Jury as provided in Section 111-2, within
30 days from | ||||||
14 | the date he or she was taken into custody. Every person on | ||||||
15 | pretrial release
bail or recognizance for the alleged | ||||||
16 | commission of a felony shall receive
either a preliminary | ||||||
17 | examination as provided in Section 109-3 or an indictment
by | ||||||
18 | Grand Jury as provided in Section 111-2, within 60 days from | ||||||
19 | the date he
or she was arrested.
| ||||||
20 | The provisions of this paragraph shall not apply in the | ||||||
21 | following situations:
| ||||||
22 | (1) when delay is occasioned by the defendant; or
| ||||||
23 | (2) when the defendant has been indicted by the Grand Jury | ||||||
24 | on the felony
offense for which he or she was initially taken | ||||||
25 | into custody or on an offense
arising from the same transaction |
| |||||||
| |||||||
1 | or conduct of the defendant that was the
basis for the felony | ||||||
2 | offense or offenses initially charged; or
| ||||||
3 | (3) when a competency examination is ordered by the court; | ||||||
4 | or
| ||||||
5 | (4) when a competency hearing is held; or
| ||||||
6 | (5) when an adjudication of incompetency for trial has been | ||||||
7 | made; or
| ||||||
8 | (6) when the case has been continued by the court under | ||||||
9 | Section 114-4 of
this Code after a determination that the | ||||||
10 | defendant is physically incompetent
to stand trial.
| ||||||
11 | (c) Delay occasioned by the defendant shall temporarily | ||||||
12 | suspend, for the
time of the delay, the period within which the | ||||||
13 | preliminary examination must
be held. On the day of expiration | ||||||
14 | of the delay the period in question shall
continue at the point | ||||||
15 | at which it was suspended.
| ||||||
16 | (Source: P.A. 83-644.)
| ||||||
17 | (725 ILCS 5/Art. 110 heading) | ||||||
18 | ARTICLE 110. PRETRIAL RELEASE BAIL
| ||||||
19 | (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
| ||||||
20 | Sec. 110-1. Definitions. (a) (Blank). "Security" is that | ||||||
21 | which is required to be
pledged to insure the payment of bail.
| ||||||
22 | (b) "Sureties" encompasses the monetary and nonmonetary | ||||||
23 | requirements
set by the court as conditions for release either | ||||||
24 | before or after
conviction. "Surety" is one who executes a bail |
| |||||||
| |||||||
1 | bond and binds himself to pay
the bail if the person in custody | ||||||
2 | fails to comply with all conditions of
the bail bond.
| ||||||
3 | (c) The phrase "for which a sentence of imprisonment, | ||||||
4 | without
conditional and revocable release, shall be imposed by | ||||||
5 | law as a consequence
of conviction" means an offense for which | ||||||
6 | a sentence of imprisonment,
without probation, periodic | ||||||
7 | imprisonment or conditional discharge, is
required by law upon | ||||||
8 | conviction.
| ||||||
9 | (d) "Specific identifiable person or persons" means a named | ||||||
10 | person other than the defendant. "Real and present threat to | ||||||
11 | the physical safety of any person or
persons", as used in this | ||||||
12 | Article, includes a threat to the community,
person, persons or | ||||||
13 | class of persons.
| ||||||
14 | (Source: P.A. 85-892.)
| ||||||
15 | (725 ILCS 5/110-1.5 new) | ||||||
16 | Sec. 110-1.5. Abolition of monetary bail. On and after the | ||||||
17 | effective date of this amendatory Act of the 101st General | ||||||
18 | Assembly, the requirement of posting monetary bail is | ||||||
19 | abolished, except as provided in the Uniform Criminal | ||||||
20 | Extradition Act, the Driver License Compact, or the Nonresident | ||||||
21 | Violator Compact which are compacts that have been entered into | ||||||
22 | between this State and its sister states.
| ||||||
23 | (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
| ||||||
24 | Sec. 110-2. Release on own recognizance. It is presumed |
| |||||||
| |||||||
1 | that a defendant is entitled to release on personal | ||||||
2 | recognizance on the condition that the defendant attend all | ||||||
3 | required court proceedings and the defendant does not commit | ||||||
4 | any criminal offense, and complies with all terms of pretrial | ||||||
5 | release, including, but not limited to, orders of protection. | ||||||
6 | Additional conditions of release shall be set only when it is | ||||||
7 | determined that they are necessary to assure the defendant's | ||||||
8 | appearance in court, assure the defendant does not commit any | ||||||
9 | criminal offense, and complies with all conditions of pretrial | ||||||
10 | release. Detention only shall be imposed when it is determined | ||||||
11 | that the defendant poses a danger to a specific, identifiable | ||||||
12 | person or persons, or has a high likelihood of willful flight. | ||||||
13 | If the court deems that the defendant is to be released on | ||||||
14 | personal recognizance, the court may require that a written | ||||||
15 | admonishment be signed by When from all the circumstances the | ||||||
16 | court is of the opinion that the
defendant will appear as | ||||||
17 | required either before or after
conviction and the
defendant | ||||||
18 | will not pose a danger to any person or the community
and that | ||||||
19 | the
defendant will comply with all conditions of bond, which
| ||||||
20 | shall include the defendant's current address with a written | ||||||
21 | admonishment to
the defendant requiring that he or she must | ||||||
22 | comply with the provisions of Section 110-12
of this Code | ||||||
23 | regarding any change in his or her address . The , the defendant | ||||||
24 | may be released on his or her own recognizance upon signature . | ||||||
25 | The
defendant's address shall at all times remain a matter of | ||||||
26 | public record with
the clerk of the court. A failure to appear |
| |||||||
| |||||||
1 | as
required by such recognizance shall constitute an offense | ||||||
2 | subject to the
penalty provided in Section 32-10 of the | ||||||
3 | Criminal Code of 2012 for violation of the
conditions of | ||||||
4 | pretrial release bail bond , and any obligated sum fixed in the | ||||||
5 | recognizance shall be
forfeited and collected in accordance | ||||||
6 | with subsection (g) of Section 110-7
of this Code.
| ||||||
7 | This Section shall be liberally construed to effectuate the | ||||||
8 | purpose of
relying upon contempt of court proceedings or | ||||||
9 | criminal sanctions
instead of financial loss to assure the
| ||||||
10 | appearance of the defendant, and that the defendant will not | ||||||
11 | pose a danger to
any person or the community and that the | ||||||
12 | defendant will not pose comply with all
conditions of bond. | ||||||
13 | Monetary bail should be set only when it is
determined that no | ||||||
14 | other conditions of release will reasonably assure the
| ||||||
15 | defendant's appearance in court, that the defendant does not | ||||||
16 | present a
danger to any person or the community and that the | ||||||
17 | defendant will comply
with all conditions of pretrial release | ||||||
18 | bond .
| ||||||
19 | The State may appeal any order permitting release by | ||||||
20 | personal recognizance.
| ||||||
21 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
22 | (725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
| ||||||
23 | Sec. 110-3. Options for warrant alternatives Issuance of | ||||||
24 | warrant . Upon failure to comply with any condition of pretrial | ||||||
25 | release a bail bond or recognizance
the court having |
| |||||||
| |||||||
1 | jurisdiction at the time of such failure may, on its own motion | ||||||
2 | or upon motion from the State, issue an order to show cause as | ||||||
3 | to why he or she shall not be found in contempt of court or | ||||||
4 | subject to revocation or forfeiture of pretrial release. The | ||||||
5 | order issued by the court shall state the facts alleged to | ||||||
6 | constitute the hearing to show cause or otherwise why the | ||||||
7 | person is subject to revocation or forfeiture of pretrial | ||||||
8 | release. A certified copy of the order shall be served upon the | ||||||
9 | person at least 48 hours in advance of the scheduled hearing. | ||||||
10 | If the person does not appear at the hearing to show cause | ||||||
11 | or absconds, the court may, in addition
to any other action | ||||||
12 | provided by law, issue a warrant for the arrest of the
person | ||||||
13 | at liberty on pretrial release bail or his own recognizance .
| ||||||
14 | The contents of such a warrant shall be the same as required | ||||||
15 | for an arrest
warrant issued upon complaint and may modify any | ||||||
16 | previously imposed conditions placed upon the person, rather | ||||||
17 | than revoking pretrial release or issuing a warrant for the | ||||||
18 | person . When a defendant is at liberty on pretrial release bail | ||||||
19 | or
his own recognizance on a
felony charge and fails to appear | ||||||
20 | in court as directed, the court may shall
issue a warrant for | ||||||
21 | the arrest of such person after his or her failure to appear at | ||||||
22 | the show for cause hearing as provided in this Section . Such | ||||||
23 | warrant shall be noted
with a directive to peace officers to | ||||||
24 | arrest the person and hold such
person without pretrial release | ||||||
25 | bail and to deliver such person before the court for further
| ||||||
26 | proceedings. |
| |||||||
| |||||||
1 | The court may not revoke pretrial release and order the | ||||||
2 | defendant detained pending trial unless, after considering all | ||||||
3 | relevant circumstances including, but not limited to, the | ||||||
4 | nature and seriousness of the violation or criminal act | ||||||
5 | alleged, and the defendant's reasons for missing court, the | ||||||
6 | court finds clear and convincing evidence that no condition or | ||||||
7 | combination of conditions of release would reasonably assure | ||||||
8 | the appearance of the defendant for later hearings or protect | ||||||
9 | the integrity of the judicial proceedings from a specific | ||||||
10 | threat to a witness or participant. | ||||||
11 | A defendant who is arrested or surrenders within 30 days of
| ||||||
12 | the issuance of such warrant shall not be bailable in the case | ||||||
13 | in question
unless he shows by the preponderance of the | ||||||
14 | evidence that his failure to
appear was not intentional.
| ||||||
15 | (Source: P.A. 86-298; 86-984; 86-1028.)
| ||||||
16 | (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
| ||||||
17 | Sec. 110-4. Pretrial release Bailable Offenses .
| ||||||
18 | (a) All persons charged with an offense shall be eligible | ||||||
19 | for pretrial
release before conviction. Pretrial release may | ||||||
20 | only be denied when a
person is charged with an offense listed | ||||||
21 | in Section 110-6.1 or when the defendant has a high likelihood | ||||||
22 | of willful
flight, and after the court has held a hearing under | ||||||
23 | Section
110-6.1. All persons shall be bailable before | ||||||
24 | conviction, except the
following offenses where the proof is | ||||||
25 | evident or the presumption great that
the defendant is guilty |
| |||||||
| |||||||
1 | of the offense: capital offenses; offenses for
which a sentence | ||||||
2 | of life imprisonment may be imposed as a consequence of
| ||||||
3 | conviction; felony offenses for which a sentence of | ||||||
4 | imprisonment,
without conditional and revocable release, shall | ||||||
5 | be imposed
by law as a consequence of conviction, where the | ||||||
6 | court after a hearing,
determines that the release of the | ||||||
7 | defendant would pose a real and present
threat to the physical | ||||||
8 | safety of any person or persons; stalking or
aggravated | ||||||
9 | stalking, where the court, after a hearing, determines that the
| ||||||
10 | release of the defendant would pose a real and present threat | ||||||
11 | to the
physical safety of the alleged victim of the offense and | ||||||
12 | denial of bail
is necessary to prevent fulfillment of the | ||||||
13 | threat upon which the charge
is based;
or unlawful use of | ||||||
14 | weapons in violation of item (4) of subsection (a) of
Section | ||||||
15 | 24-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
16 | when that offense occurred in a school or in any
conveyance | ||||||
17 | owned,
leased, or contracted by a school to transport students | ||||||
18 | to or from school or a
school-related
activity, or on any | ||||||
19 | public way within 1,000 feet of real property comprising
any | ||||||
20 | school, where
the court, after a hearing, determines that the | ||||||
21 | release of the defendant would
pose a real and
present threat | ||||||
22 | to the physical safety of any person and denial of bail is
| ||||||
23 | necessary to prevent
fulfillment of that threat; or making a | ||||||
24 | terrorist threat in violation of
Section 29D-20 of the Criminal | ||||||
25 | Code of 1961 or the Criminal Code of 2012 or an attempt to | ||||||
26 | commit the offense of making a terrorist threat, where the |
| |||||||
| |||||||
1 | court, after a hearing, determines that the release of the | ||||||
2 | defendant would pose a real and present threat to the physical | ||||||
3 | safety of any person and denial of bail is necessary to prevent | ||||||
4 | fulfillment of that threat.
| ||||||
5 | (b) A person seeking pretrial release on bail who is | ||||||
6 | charged with a capital
offense or an offense for which a | ||||||
7 | sentence of life imprisonment may be
imposed shall not be | ||||||
8 | eligible for release pretrial bailable until a hearing is held | ||||||
9 | wherein such person
has the burden of demonstrating that the | ||||||
10 | proof of his guilt is not evident
and the presumption is not | ||||||
11 | great.
| ||||||
12 | (c) Where it is alleged that pretrial bail should be denied | ||||||
13 | to a person upon the
grounds that the person presents a real | ||||||
14 | and present threat to the physical
safety of any person or | ||||||
15 | persons, the burden of proof of such allegations
shall be upon | ||||||
16 | the State.
| ||||||
17 | (d) When it is alleged that pretrial bail should be denied | ||||||
18 | to a person
charged with stalking or aggravated stalking upon | ||||||
19 | the grounds set forth in
Section 110-6.3 of this Code, the | ||||||
20 | burden of proof of those allegations shall be
upon the State.
| ||||||
21 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
22 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||||||
23 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
24 | of release.
| ||||||
25 | (a) In determining which the amount of monetary bail or |
| |||||||
| |||||||
1 | conditions of pretrial release, if
any,
which will reasonably | ||||||
2 | assure the appearance of a defendant as required or
the safety | ||||||
3 | of any other person or the community and the likelihood of
| ||||||
4 | compliance by the
defendant with all the conditions of pretrial | ||||||
5 | release bail , the court may shall , on the
basis of available | ||||||
6 | information, take into account such matters as : | ||||||
7 | (1) the
nature and circumstances of the offense | ||||||
8 | charged ; | ||||||
9 | (2) the
weight of the evidence against the eligible | ||||||
10 | defendant, except that the
court may consider the | ||||||
11 | admissibility of any evidence sought to be
excluded; | ||||||
12 | (3) the history and characteristics of the eligible | ||||||
13 | defendant,
including: | ||||||
14 | (A) the eligible defendant's character, physical | ||||||
15 | and mental condition,
family ties, employment, | ||||||
16 | financial resources, length of residence in the
| ||||||
17 | community, community ties, past conduct, history | ||||||
18 | relating to drug or
alcohol abuse, criminal history, | ||||||
19 | and record concerning appearance at
court proceedings; | ||||||
20 | and | ||||||
21 | (B) whether, at the time of the current offense or | ||||||
22 | arrest, the eligible
defendant was on probation, | ||||||
23 | parole, or on other release pending trial,
sentencing, | ||||||
24 | appeal, or completion of sentence for an offense under
| ||||||
25 | federal law, or the law of this or any other state; | ||||||
26 | (4) the nature and seriousness of the danger to any |
| |||||||
| |||||||
1 | specific,
identifiable person or
persons that would be | ||||||
2 | posed by the eligible defendant's release, if applicable; | ||||||
3 | and | ||||||
4 | (5) the nature and seriousness of the risk of | ||||||
5 | obstructing or attempting
to obstruct the criminal justice | ||||||
6 | process that would be posed by the
eligible defendant's | ||||||
7 | release, if applicable. | ||||||
8 | (a-1) The Court may use a regularly validated risk | ||||||
9 | assessment tool to aid
its determination of appropriate | ||||||
10 | conditions of release as provided for
in Section 110-6.4. Risk | ||||||
11 | assessment tools may not be used
as the sole basis to deny | ||||||
12 | pretrial release. If a risk assessment tool
is used, the | ||||||
13 | defendant's counsel shall be provided with the information
and | ||||||
14 | scoring system of the risk assessment tool used to arrive at | ||||||
15 | the
determination. The defendant retains the right to challenge | ||||||
16 | the validity
of a risk assessment tool used by the court and to | ||||||
17 | present evidence
relevant to the defendant's challenge , | ||||||
18 | whether the evidence
shows that as part of the offense there | ||||||
19 | was a use of violence or threatened
use of violence, whether | ||||||
20 | the offense involved corruption of public
officials or | ||||||
21 | employees, whether there was physical harm or threats of | ||||||
22 | physical
harm to any
public official, public employee, judge, | ||||||
23 | prosecutor, juror or witness,
senior citizen, child, or person | ||||||
24 | with a disability, whether evidence shows that
during the | ||||||
25 | offense or during the arrest the defendant possessed or used a
| ||||||
26 | firearm, machine gun, explosive or metal piercing ammunition or |
| |||||||
| |||||||
1 | explosive
bomb device or any military or paramilitary armament,
| ||||||
2 | whether the evidence
shows that the offense committed was | ||||||
3 | related to or in furtherance of the
criminal activities of an | ||||||
4 | organized gang or was motivated by the defendant's
membership | ||||||
5 | in or allegiance to an organized gang,
the condition of the
| ||||||
6 | victim, any written statement submitted by the victim or | ||||||
7 | proffer or
representation by the State regarding the
impact | ||||||
8 | which the alleged criminal conduct has had on the victim and | ||||||
9 | the
victim's concern, if any, with further contact with the | ||||||
10 | defendant if
released on bail, whether the offense was based on | ||||||
11 | racial, religious,
sexual orientation or ethnic hatred,
the | ||||||
12 | likelihood of the filing of a greater charge, the likelihood of
| ||||||
13 | conviction, the sentence applicable upon conviction, the | ||||||
14 | weight of the evidence
against such defendant, whether there | ||||||
15 | exists motivation or ability to
flee, whether there is any | ||||||
16 | verification as to prior residence, education,
or family ties | ||||||
17 | in the local jurisdiction, in another county,
state or foreign | ||||||
18 | country, the defendant's employment, financial resources,
| ||||||
19 | character and mental condition, past conduct, prior use of | ||||||
20 | alias names or
dates of birth, and length of residence in the | ||||||
21 | community,
the consent of the defendant to periodic drug | ||||||
22 | testing in accordance with
Section 110-6.5,
whether a foreign | ||||||
23 | national defendant is lawfully admitted in the United
States of | ||||||
24 | America, whether the government of the foreign national
| ||||||
25 | maintains an extradition treaty with the United States by which | ||||||
26 | the foreign
government will extradite to the United States its |
| |||||||
| |||||||
1 | national for a trial for
a crime allegedly committed in the | ||||||
2 | United States, whether the defendant is
currently subject to | ||||||
3 | deportation or exclusion under the immigration laws of
the | ||||||
4 | United States, whether the defendant, although a United States | ||||||
5 | citizen,
is considered under the law of any foreign state a | ||||||
6 | national of that state
for the purposes of extradition or | ||||||
7 | non-extradition to the United States,
the amount of unrecovered | ||||||
8 | proceeds lost as a result of
the alleged offense, the
source of | ||||||
9 | bail funds tendered or sought to be tendered for bail,
whether | ||||||
10 | from the totality of the court's consideration,
the loss of | ||||||
11 | funds posted or sought to be posted for bail will not deter the
| ||||||
12 | defendant from flight, whether the evidence shows that the | ||||||
13 | defendant is
engaged in significant
possession, manufacture, | ||||||
14 | or delivery of a controlled substance or cannabis,
either | ||||||
15 | individually or in consort with others,
whether at the time of | ||||||
16 | the offense
charged he or she was on bond or pre-trial release | ||||||
17 | pending trial, probation,
periodic imprisonment or conditional | ||||||
18 | discharge pursuant to this Code or the
comparable Code of any | ||||||
19 | other state or federal jurisdiction, whether the
defendant is | ||||||
20 | on bond or
pre-trial release pending the imposition or | ||||||
21 | execution of sentence or appeal of
sentence for any offense | ||||||
22 | under the laws of Illinois or any other state or
federal | ||||||
23 | jurisdiction, whether the defendant is under parole, aftercare | ||||||
24 | release, mandatory
supervised release, or
work release from the | ||||||
25 | Illinois Department of Corrections or Illinois Department of | ||||||
26 | Juvenile Justice or any penal
institution or corrections |
| |||||||
| |||||||
1 | department of any state or federal
jurisdiction, the | ||||||
2 | defendant's record of convictions, whether the defendant has | ||||||
3 | been
convicted of a misdemeanor or ordinance offense in | ||||||
4 | Illinois or similar
offense in other state or federal | ||||||
5 | jurisdiction within the 10 years
preceding the current charge | ||||||
6 | or convicted of a felony in Illinois, whether
the defendant was | ||||||
7 | convicted of an offense in another state or federal
| ||||||
8 | jurisdiction that would
be a felony if committed in Illinois | ||||||
9 | within the 20 years preceding the
current charge or has been | ||||||
10 | convicted of such felony and released from the
penitentiary | ||||||
11 | within 20 years preceding the current charge if a
penitentiary | ||||||
12 | sentence was imposed in Illinois or other state or federal
| ||||||
13 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
14 | of delinquency in any
jurisdiction, any record of appearance or | ||||||
15 | failure to appear by
the defendant at
court proceedings, | ||||||
16 | whether there was flight to avoid arrest or
prosecution, | ||||||
17 | whether the defendant escaped or
attempted to escape to avoid | ||||||
18 | arrest, whether the defendant refused to
identify himself or | ||||||
19 | herself, or whether there was a refusal by the defendant to be
| ||||||
20 | fingerprinted as required by law. Information used by the court | ||||||
21 | in its
findings or stated in or
offered in connection with this | ||||||
22 | Section may be by way of proffer based upon
reliable | ||||||
23 | information offered by the State or defendant.
All evidence | ||||||
24 | shall be admissible if it is relevant and
reliable regardless | ||||||
25 | of whether it would be admissible under the rules of
evidence | ||||||
26 | applicable at criminal trials.
If the State presents evidence |
| |||||||
| |||||||
1 | that the offense committed by the defendant
was related to or | ||||||
2 | in furtherance of the criminal activities of an organized
gang | ||||||
3 | or was motivated by the defendant's membership in or allegiance | ||||||
4 | to an
organized gang, and if the court determines that the | ||||||
5 | evidence may be
substantiated, the court shall prohibit the | ||||||
6 | defendant from associating with
other members of the organized | ||||||
7 | gang as a condition of bail or release.
For the purposes of | ||||||
8 | this Section,
"organized gang" has the meaning ascribed to it | ||||||
9 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
10 | Prevention Act .
| ||||||
11 | (a-5) There shall be a presumption that any conditions of | ||||||
12 | release imposed shall be non-monetary in nature and the court | ||||||
13 | shall impose the least restrictive conditions or combination of | ||||||
14 | conditions necessary to reasonably assure the appearance of the | ||||||
15 | defendant for further court proceedings and protect the | ||||||
16 | integrity of
the judicial proceedings from a specific threat to | ||||||
17 | a witness or
participant. Conditions of release may include, | ||||||
18 | but not be limited to, electronic home monitoring, curfews, | ||||||
19 | drug counseling, stay-away orders, and in-person reporting. | ||||||
20 | The court shall consider the defendant's socio-economic | ||||||
21 | circumstance when setting conditions of release or imposing | ||||||
22 | monetary bail . | ||||||
23 | (b) (Blank). The amount of bail shall be:
| ||||||
24 | (1) Sufficient to assure compliance with the | ||||||
25 | conditions set forth in the
bail bond, which shall include | ||||||
26 | the defendant's current address with a written
|
| |||||||
| |||||||
1 | admonishment to the defendant that he or she must comply | ||||||
2 | with the provisions of
Section 110-12 regarding any change | ||||||
3 | in his or her address. The defendant's
address shall at all | ||||||
4 | times remain a matter of public record with the clerk
of | ||||||
5 | the court.
| ||||||
6 | (2) Not oppressive.
| ||||||
7 | (3) Considerate of the financial ability of the | ||||||
8 | accused.
| ||||||
9 | (4) When a person is charged with a drug related | ||||||
10 | offense involving
possession or delivery of cannabis or | ||||||
11 | possession or delivery of a
controlled substance as defined | ||||||
12 | in the Cannabis Control Act,
the Illinois Controlled | ||||||
13 | Substances Act, or the Methamphetamine Control and | ||||||
14 | Community Protection Act, the full street value
of the | ||||||
15 | drugs seized shall be considered. "Street value" shall be
| ||||||
16 | determined by the court on the basis of a proffer by the | ||||||
17 | State based upon
reliable information of a law enforcement | ||||||
18 | official contained in a written
report as to the amount | ||||||
19 | seized and such proffer may be used by the court as
to the | ||||||
20 | current street value of the smallest unit of the drug | ||||||
21 | seized.
| ||||||
22 | (b-5) (Blank). Upon the filing of a written request | ||||||
23 | demonstrating reasonable cause, the State's Attorney may | ||||||
24 | request a source of bail hearing either before or after the | ||||||
25 | posting of any funds.
If the hearing is granted, before the | ||||||
26 | posting of any bail, the accused must file a written notice |
| |||||||
| |||||||
1 | requesting that the court conduct a source of bail hearing. The | ||||||
2 | notice must be accompanied by justifying affidavits stating the | ||||||
3 | legitimate and lawful source of funds for bail. At the hearing, | ||||||
4 | the court shall inquire into any matters stated in any | ||||||
5 | justifying affidavits, and may also inquire into matters | ||||||
6 | appropriate to the determination which shall include, but are | ||||||
7 | not limited to, the following: | ||||||
8 | (1) the background, character, reputation, and | ||||||
9 | relationship to the accused of any surety; and | ||||||
10 | (2) the source of any money or property deposited by | ||||||
11 | any surety, and whether any such money or property | ||||||
12 | constitutes the fruits of criminal or unlawful conduct; and | ||||||
13 | (3) the source of any money posted as cash bail, and | ||||||
14 | whether any such money constitutes the fruits of criminal | ||||||
15 | or unlawful conduct; and | ||||||
16 | (4) the background, character, reputation, and | ||||||
17 | relationship to the accused of the person posting cash | ||||||
18 | bail. | ||||||
19 | Upon setting the hearing, the court shall examine, under | ||||||
20 | oath, any persons who may possess material information. | ||||||
21 | The State's Attorney has a right to attend the hearing, to | ||||||
22 | call witnesses and to examine any witness in the proceeding. | ||||||
23 | The court shall, upon request of the State's Attorney, continue | ||||||
24 | the proceedings for a reasonable period to allow the State's | ||||||
25 | Attorney to investigate the matter raised in any testimony or | ||||||
26 | affidavit.
If the hearing is granted after the accused has |
| |||||||
| |||||||
1 | posted bail, the court shall conduct a hearing consistent with | ||||||
2 | this subsection (b-5). At the conclusion of the hearing, the | ||||||
3 | court must issue an order either approving of disapproving the | ||||||
4 | bail.
| ||||||
5 | (c) (Blank). When a person is charged with an offense | ||||||
6 | punishable by fine only the
amount of the bail shall not exceed | ||||||
7 | double the amount of the maximum penalty.
| ||||||
8 | (c-1) If a person remains in pretrial detention after his | ||||||
9 | or her pretrial
conditions hearing after having been ordered | ||||||
10 | released with pretrial
conditions, the court shall hold a | ||||||
11 | hearing to determine the reason for
continued detention. If the | ||||||
12 | reason for continued detention is due to the
unavailability or | ||||||
13 | the defendant's ineligibility for one or more
pretrial | ||||||
14 | conditions previously ordered by the court or directed by a
| ||||||
15 | pretrial services agency, the court shall reopen the conditions | ||||||
16 | of
release hearing to determine what available pretrial | ||||||
17 | conditions exist
that will reasonably assure the appearance of | ||||||
18 | a defendant as required or
the safety of any other person and | ||||||
19 | the likelihood of compliance by the
defendant with all the | ||||||
20 | conditions of pretrial release. | ||||||
21 | (d) (Blank). When a person has been convicted of an offense | ||||||
22 | and only a fine has
been imposed the amount of the bail shall | ||||||
23 | not exceed double the amount of
the fine.
| ||||||
24 | (e) (Blank). The State may appeal any order granting bail | ||||||
25 | or setting
a given amount for bail. | ||||||
26 | (f) When a person is charged with a violation of an order |
| |||||||
| |||||||
1 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012 or when a person is | ||||||
3 | charged with domestic battery, aggravated domestic battery, | ||||||
4 | kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
5 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
6 | cyberstalking, harassment by telephone, harassment through | ||||||
7 | electronic communications, or an attempt to commit first degree | ||||||
8 | murder committed against an intimate partner regardless | ||||||
9 | whether an order of protection has been issued against the | ||||||
10 | person, | ||||||
11 | (1) whether the alleged incident involved harassment | ||||||
12 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
13 | of 1986; | ||||||
14 | (2) whether the person has a history of domestic | ||||||
15 | violence, as defined in the Illinois Domestic Violence Act, | ||||||
16 | or a history of other criminal acts; | ||||||
17 | (3) based on the mental health of the person; | ||||||
18 | (4) whether the person has a history of violating the | ||||||
19 | orders of any court or governmental entity; | ||||||
20 | (5) whether the person has been, or is, potentially a | ||||||
21 | threat to any other person; | ||||||
22 | (6) whether the person has access to deadly weapons or | ||||||
23 | a history of using deadly weapons; | ||||||
24 | (7) whether the person has a history of abusing alcohol | ||||||
25 | or any controlled substance; | ||||||
26 | (8) based on the severity of the alleged incident that |
| |||||||
| |||||||
1 | is the basis of the alleged offense, including, but not | ||||||
2 | limited to, the duration of the current incident, and | ||||||
3 | whether the alleged incident involved the use of a weapon, | ||||||
4 | physical injury, sexual assault, strangulation, abuse | ||||||
5 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
6 | forcible entry to gain access to the alleged victim; | ||||||
7 | (9) whether a separation of the person from the alleged | ||||||
8 | victim or a termination of the relationship between the | ||||||
9 | person and the alleged victim has recently occurred or is | ||||||
10 | pending; | ||||||
11 | (10) whether the person has exhibited obsessive or | ||||||
12 | controlling behaviors toward the alleged victim, | ||||||
13 | including, but not limited to, stalking, surveillance, or | ||||||
14 | isolation of the alleged victim or victim's family member | ||||||
15 | or members; | ||||||
16 | (11) whether the person has expressed suicidal or | ||||||
17 | homicidal ideations; | ||||||
18 | (12) based on any information contained in the | ||||||
19 | complaint and any police reports, affidavits, or other | ||||||
20 | documents accompanying the complaint, | ||||||
21 | the court may, in its discretion, order the respondent to | ||||||
22 | undergo a risk assessment evaluation using a recognized, | ||||||
23 | evidence-based instrument conducted by an Illinois Department | ||||||
24 | of Human Services approved partner abuse intervention program | ||||||
25 | provider, pretrial service, probation, or parole agency. These | ||||||
26 | agencies shall have access to summaries of the defendant's |
| |||||||
| |||||||
1 | criminal history, which shall not include victim interviews or | ||||||
2 | information, for the risk evaluation. Based on the information | ||||||
3 | collected from the 12 points to be considered at a bail hearing | ||||||
4 | setting the conditions of pretrial release under this | ||||||
5 | subsection (f), the results of any risk evaluation conducted | ||||||
6 | and the other circumstances of the violation, the court may | ||||||
7 | order that the person, as a condition of pretrial release bail , | ||||||
8 | be placed under electronic surveillance as provided in Section | ||||||
9 | 5-8A-7 of the Unified Code of Corrections. Upon making a | ||||||
10 | determination whether or not to order the respondent to undergo | ||||||
11 | a risk assessment evaluation or to be placed under electronic | ||||||
12 | surveillance and risk assessment, the court shall document in | ||||||
13 | the record the court's reasons for making those determinations. | ||||||
14 | The cost of the electronic surveillance and risk assessment | ||||||
15 | shall be paid by, or on behalf, of the defendant. As used in | ||||||
16 | this subsection (f), "intimate partner" means a spouse or a | ||||||
17 | current or former partner in a cohabitation or dating | ||||||
18 | relationship.
| ||||||
19 | (g) Electronic monitoring, GPS monitoring, or home | ||||||
20 | confinement can only
be imposed as a condition of pretrial | ||||||
21 | release
if a no less restrictive condition of release or | ||||||
22 | combination of less
restrictive conditions of release would | ||||||
23 | reasonably assure the appearance
of the defendant for later | ||||||
24 | hearings or protect an identifiable person or
persons from | ||||||
25 | imminent threat of serious physical harm. If the court imposes | ||||||
26 | electronic monitoring, GPS monitoring, or home
confinement, |
| |||||||
| |||||||
1 | the court shall set forth in the record the basis for its
| ||||||
2 | finding.
A defendant shall be given custodial credit for each | ||||||
3 | day he or she
was subjected to that program, at the same rate | ||||||
4 | described in subsection (b) of Section 5-4.5-100 of the Unified | ||||||
5 | Code of Corrections. | ||||||
6 | (Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18; revised | ||||||
7 | 7-12-19.)
| ||||||
8 | (725 ILCS 5/110-5.1) | ||||||
9 | Sec. 110-5.1. Pretrial release Bail ; certain persons | ||||||
10 | charged with violent crimes against family or household | ||||||
11 | members. | ||||||
12 | (a) Subject to subsection (c), a person who is charged with | ||||||
13 | a violent crime shall appear before the court for the setting | ||||||
14 | of conditions of pretrial release bail if the alleged victim | ||||||
15 | was a family or household member at the time of the alleged | ||||||
16 | offense, and if any of the following applies: | ||||||
17 | (1) the person charged, at the time of the alleged | ||||||
18 | offense, was subject to the terms of an order of protection | ||||||
19 | issued under Section 112A-14 of this Code or Section 214 of | ||||||
20 | the Illinois Domestic Violence Act of 1986 or previously | ||||||
21 | was convicted of a violation of an order of protection | ||||||
22 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 | ||||||
23 | or the Criminal Code of 2012 or a violent crime if the | ||||||
24 | victim was a family or household member at the time of the | ||||||
25 | offense or a violation of a substantially similar municipal |
| |||||||
| |||||||
1 | ordinance or law of this or any other state or the United | ||||||
2 | States if the victim was a family or household member at | ||||||
3 | the time of the offense; | ||||||
4 | (2) the arresting officer indicates in a police report | ||||||
5 | or other document accompanying the complaint any of the | ||||||
6 | following: | ||||||
7 | (A) that the arresting officer observed on the | ||||||
8 | alleged victim objective manifestations of physical | ||||||
9 | harm that the arresting officer reasonably believes | ||||||
10 | are a result of the alleged offense; | ||||||
11 | (B) that the arresting officer reasonably believes | ||||||
12 | that the person had on the person's person at the time | ||||||
13 | of the alleged offense a deadly weapon; | ||||||
14 | (C) that the arresting officer reasonably believes | ||||||
15 | that the person presents a credible threat of serious | ||||||
16 | physical harm to the alleged victim or to any other | ||||||
17 | person if released on bail before trial. | ||||||
18 | (b) To the extent that information about any of the | ||||||
19 | following is available to the court, the court shall consider | ||||||
20 | all of the following, in addition to any other circumstances | ||||||
21 | considered by the court, before determining the conditions of | ||||||
22 | pretrial release setting bail for a person who appears before | ||||||
23 | the court under pursuant to subsection (a): | ||||||
24 | (1) whether the person has a history of domestic | ||||||
25 | violence or a history of other violent acts; | ||||||
26 | (2) the mental health of the person; |
| |||||||
| |||||||
1 | (3) whether the person has a history of violating the | ||||||
2 | orders of any court or governmental entity; | ||||||
3 | (4) whether the person is potentially a threat to any | ||||||
4 | other person; | ||||||
5 | (5) whether the person has access to deadly weapons or | ||||||
6 | a history of using deadly weapons; | ||||||
7 | (6) whether the person has a history of abusing alcohol | ||||||
8 | or any controlled substance; | ||||||
9 | (7) the severity of the alleged violence that is the | ||||||
10 | basis of the alleged offense, including, but not limited | ||||||
11 | to, the duration of the alleged violent incident, and | ||||||
12 | whether the alleged violent incident involved serious | ||||||
13 | physical injury, sexual assault, strangulation, abuse | ||||||
14 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
15 | forcible entry to gain access to the alleged victim; | ||||||
16 | (8) whether a separation of the person from the alleged | ||||||
17 | victim or a termination of the relationship between the | ||||||
18 | person and the alleged victim has recently occurred or is | ||||||
19 | pending; | ||||||
20 | (9) whether the person has exhibited obsessive or | ||||||
21 | controlling behaviors toward the alleged victim, | ||||||
22 | including, but not limited to, stalking, surveillance, or | ||||||
23 | isolation of the alleged victim; | ||||||
24 | (10) whether the person has expressed suicidal or | ||||||
25 | homicidal ideations; | ||||||
26 | (11) any information contained in the complaint and any |
| |||||||
| |||||||
1 | police reports, affidavits, or other documents | ||||||
2 | accompanying the complaint. | ||||||
3 | (c) Upon the court's own motion or the motion of a party | ||||||
4 | and upon any terms that the court may direct, a court may | ||||||
5 | permit a person who is required to appear before it by | ||||||
6 | subsection (a) to appear by video conferencing equipment. If, | ||||||
7 | in the opinion of the court, the appearance in person or by | ||||||
8 | video conferencing equipment of a person who is charged with a | ||||||
9 | misdemeanor and who is required to appear before the court by | ||||||
10 | subsection (a) is not practicable, the court may waive the | ||||||
11 | appearance and release the person on bail on one or both of the | ||||||
12 | following types of bail in an amount set by the court: | ||||||
13 | (1) a bail bond secured by a deposit of 10% of the | ||||||
14 | amount of the bond in cash; | ||||||
15 | (2) a surety bond, a bond secured by real estate or | ||||||
16 | securities as allowed by law, or the deposit of cash, at | ||||||
17 | the option of the person . | ||||||
18 | Subsection (a) does not create a right in a person to | ||||||
19 | appear before the court for determining conditions of pretrial | ||||||
20 | release the setting of bail or prohibit a court from requiring | ||||||
21 | any person charged with a violent crime who is not described in | ||||||
22 | subsection (a) from appearing before the court for the setting | ||||||
23 | of conditions of pretrial release bail . | ||||||
24 | (d) As used in this Section: | ||||||
25 | (1) "Violent crime" has the meaning ascribed to it in | ||||||
26 | Section 3 of the Rights of Crime Victims and Witnesses Act. |
| |||||||
| |||||||
1 | (2) "Family or household member" has the meaning | ||||||
2 | ascribed to it in Section 112A-3 of this Code.
| ||||||
3 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
4 | (725 ILCS 5/110-5.2) | ||||||
5 | Sec. 110-5.2. Pretrial release Bail ; pregnant pre-trial | ||||||
6 | detainee. | ||||||
7 | (a) It is the policy of this State that a pre-trial | ||||||
8 | detainee shall not be required to deliver a child while in | ||||||
9 | custody absent a finding by the court that continued pre-trial | ||||||
10 | custody is necessary to protect the public or the victim of the | ||||||
11 | offense on which the charge is based. | ||||||
12 | (b) If the court reasonably believes that a pre-trial | ||||||
13 | detainee will give birth while in custody, the court shall | ||||||
14 | order an alternative to custody unless, after a hearing, the | ||||||
15 | court determines: | ||||||
16 | (1) that the release of the pregnant pre-trial detainee | ||||||
17 | would pose a real and present threat to the physical safety | ||||||
18 | of the alleged victim of the offense and continuing custody | ||||||
19 | is necessary to prevent the fulfillment of the threat upon | ||||||
20 | which the charge is based; or | ||||||
21 | (2) that the release of the pregnant pre-trial detainee | ||||||
22 | would pose a real and present threat to the physical safety | ||||||
23 | of any person or persons or the general public. | ||||||
24 | (c) The court may order a pregnant or post-partum detainee | ||||||
25 | to be subject to electronic monitoring as a condition of |
| |||||||
| |||||||
1 | pre-trial release or order other condition or combination of | ||||||
2 | conditions the court reasonably determines are in the best | ||||||
3 | interest of the detainee and the public. | ||||||
4 | (d) This Section shall be applicable to a pregnant | ||||||
5 | pre-trial detainee in custody on or after the effective date of | ||||||
6 | this amendatory Act of the 100th General Assembly.
| ||||||
7 | (Source: P.A. 100-630, eff. 1-1-19 .)
| ||||||
8 | (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
| ||||||
9 | Sec. 110-6. Modification of bail or conditions of pretrial | ||||||
10 | release . | ||||||
11 | (a) Upon verified application by
the State or the defendant | ||||||
12 | or on its own motion the court before which the
proceeding is
| ||||||
13 | pending may increase or reduce the amount of bail or may alter | ||||||
14 | the
conditions of pretrial release the bail bond or grant | ||||||
15 | pretrial release bail where it has been previously
revoked or | ||||||
16 | denied.
If pretrial release bail has been previously revoked | ||||||
17 | pursuant to subsection (f) of this
Section or if pretrial | ||||||
18 | release bail has been denied to the defendant pursuant to | ||||||
19 | subsection
(e) of Section 110-6.1 or subsection (e) of Section | ||||||
20 | 110-6.3, the defendant
shall
be required to present a
verified | ||||||
21 | application setting forth in detail any new facts not known or
| ||||||
22 | obtainable at the time of the previous revocation or denial of | ||||||
23 | pretrial release bail
proceedings . If the court grants pretrial | ||||||
24 | release bail where it has been previously revoked
or denied, | ||||||
25 | the court shall state on the record of the proceedings the
|
| |||||||
| |||||||
1 | findings of facts and conclusion of law upon which such order | ||||||
2 | is based.
| ||||||
3 | (a-5) (Blank). In addition to any other available motion or | ||||||
4 | procedure under this Code, a person in custody solely for a | ||||||
5 | Category B offense due to an inability to post monetary bail | ||||||
6 | shall be brought before the court at the next available court | ||||||
7 | date or 7 calendar days from the date bail was set, whichever | ||||||
8 | is earlier, for a rehearing on the amount or conditions of bail | ||||||
9 | or release pending further court proceedings. The court may | ||||||
10 | reconsider conditions of release for any other person whose | ||||||
11 | inability to post monetary bail is the sole reason for | ||||||
12 | continued incarceration, including a person in custody for a | ||||||
13 | Category A offense or a Category A offense and a Category B | ||||||
14 | offense. The court may deny the rehearing permitted under this | ||||||
15 | subsection (a-5) if the person has failed to appear as required | ||||||
16 | before the court and is incarcerated based on a warrant for | ||||||
17 | failure to appear on the same original criminal offense. | ||||||
18 | (b) Violation of the conditions of Section
110-10 of this | ||||||
19 | Code or any special conditions of pretrial release bail as | ||||||
20 | ordered by the
court shall constitute grounds for the court to | ||||||
21 | increase
the amount of bail, or otherwise alter the conditions | ||||||
22 | of pretrial release bail , or, where
the alleged offense | ||||||
23 | committed on pretrial release bail is a forcible felony in | ||||||
24 | Illinois or
a Class 2 or greater offense under the Illinois
| ||||||
25 | Controlled Substances Act, the
Cannabis Control Act, or the | ||||||
26 | Methamphetamine Control and Community Protection Act, revoke |
| |||||||
| |||||||
1 | pretrial release bail
pursuant to the appropriate provisions of | ||||||
2 | subsection (e) of this
Section.
| ||||||
3 | (c) Reasonable notice of such application by the defendant | ||||||
4 | shall be
given to the State.
| ||||||
5 | (d) Reasonable notice of such application by the State | ||||||
6 | shall be
given to the defendant, except as provided in | ||||||
7 | subsection (e).
| ||||||
8 | (e) Upon verified application by the State stating facts or
| ||||||
9 | circumstances constituting a violation or a threatened
| ||||||
10 | violation of any of the
conditions of pretrial release the bail | ||||||
11 | bond the court may issue a warrant commanding any
peace officer | ||||||
12 | to bring the defendant without unnecessary delay before
the | ||||||
13 | court for a hearing on the matters set forth in the | ||||||
14 | application. If
the actual court before which the proceeding is | ||||||
15 | pending is absent or
otherwise unavailable another court may | ||||||
16 | issue a warrant pursuant to this
Section. When the defendant is | ||||||
17 | charged with a felony offense and while
free on pretrial | ||||||
18 | release bail is charged with a subsequent felony offense and is | ||||||
19 | the subject
of a proceeding set forth in Section 109-1 or 109-3 | ||||||
20 | of this Code, upon the
filing of a verified petition by the | ||||||
21 | State alleging a violation of Section
110-10 (a) (4) of this | ||||||
22 | Code, the court shall without prior notice to the
defendant, | ||||||
23 | grant leave to file such application and shall order the
| ||||||
24 | transfer of the defendant and the application without | ||||||
25 | unnecessary delay to
the court before which the previous felony | ||||||
26 | matter is pending for a hearing
as provided in subsection (b) |
| |||||||
| |||||||
1 | or this subsection of this Section. The
defendant shall be held
| ||||||
2 | without pretrial release bond pending transfer to and a hearing | ||||||
3 | before such court. At
the conclusion of the hearing based on a | ||||||
4 | violation of the conditions of
Section 110-10 of this Code or | ||||||
5 | any special conditions of pretrial release bail as ordered by
| ||||||
6 | the court the court may enter an order
to increasing the amount | ||||||
7 | of bail or alter the conditions of pretrial release bail as | ||||||
8 | deemed
appropriate.
| ||||||
9 | (f) Where the alleged violation consists of the violation | ||||||
10 | of
one or more felony statutes of any jurisdiction which would | ||||||
11 | be a
forcible felony in Illinois or a Class 2 or greater | ||||||
12 | offense under the
Illinois Controlled Substances Act, the
| ||||||
13 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
14 | Community Protection Act and the
defendant is on pretrial | ||||||
15 | release bail for the alleged
commission of a felony, or where | ||||||
16 | the defendant is on pretrial release bail for a felony
domestic | ||||||
17 | battery (enhanced pursuant to subsection (b) of Section 12-3.2 | ||||||
18 | of the
Criminal Code of 1961 or the Criminal Code of 2012), | ||||||
19 | aggravated
domestic battery, aggravated battery, unlawful | ||||||
20 | restraint, aggravated unlawful
restraint or domestic battery | ||||||
21 | in violation
of item (1) of subsection (a) of Section 12-3.2 of | ||||||
22 | the Criminal Code of 1961 or the Criminal Code of 2012
against | ||||||
23 | a
family or household member as defined in Section 112A-3 of | ||||||
24 | this Code and the
violation is an offense of domestic battery | ||||||
25 | against
the same victim the court shall, on the motion of the | ||||||
26 | State
or its own motion, revoke pretrial release bail
in |
| |||||||
| |||||||
1 | accordance with the following provisions:
| ||||||
2 | (1) The court shall hold the defendant without granting | ||||||
3 | pretrial release bail pending
the hearing on the alleged | ||||||
4 | breach; however, if the defendant
is not admitted to | ||||||
5 | pretrial release bail the
hearing shall be commenced within | ||||||
6 | 10 days from the date the defendant is
taken into custody | ||||||
7 | or the defendant may not be held any longer without | ||||||
8 | pretrial release bail , unless delay is occasioned by the | ||||||
9 | defendant. Where defendant
occasions the delay, the | ||||||
10 | running of the 10 day period is temporarily
suspended and | ||||||
11 | resumes at the termination of the period of delay. Where
| ||||||
12 | defendant occasions the delay with 5 or fewer days | ||||||
13 | remaining in the 10
day period, the court may grant a | ||||||
14 | period of up to 5 additional days to
the State for good | ||||||
15 | cause shown. The State, however, shall retain the
right to | ||||||
16 | proceed to hearing on the alleged violation at any time, | ||||||
17 | upon
reasonable notice to the defendant and the court.
| ||||||
18 | (2) At a hearing on the alleged violation the State has | ||||||
19 | the burden
of going forward and proving the violation by | ||||||
20 | clear and convincing
evidence. The evidence shall be | ||||||
21 | presented in open court with the
opportunity to testify, to | ||||||
22 | present witnesses in his behalf, and to
cross-examine | ||||||
23 | witnesses if any are called by the State, and | ||||||
24 | representation
by counsel and
if the defendant is indigent | ||||||
25 | to have counsel appointed for him. The
rules of evidence | ||||||
26 | applicable in criminal trials in this State shall not
|
| |||||||
| |||||||
1 | govern the admissibility of evidence at such hearing.
| ||||||
2 | Information used by the court in its findings or stated in | ||||||
3 | or offered in
connection with hearings for increase or | ||||||
4 | revocation of pretrial release bail may be by way
of | ||||||
5 | proffer based upon reliable information offered by the | ||||||
6 | State or
defendant. All evidence shall be admissible if it | ||||||
7 | is relevant and reliable
regardless of whether it would be | ||||||
8 | admissible under the rules of evidence
applicable at | ||||||
9 | criminal trials. A motion by the defendant to suppress
| ||||||
10 | evidence or to suppress a confession shall not be | ||||||
11 | entertained at such a
hearing. Evidence that proof may have | ||||||
12 | been obtained as a result of an
unlawful search and seizure | ||||||
13 | or through improper interrogation is not
relevant to this | ||||||
14 | hearing.
| ||||||
15 | (3) Upon a finding by the court that the State has | ||||||
16 | established by
clear and convincing evidence that the | ||||||
17 | defendant has committed a
forcible felony or a Class 2 or | ||||||
18 | greater offense under the Illinois Controlled
Substances | ||||||
19 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
20 | Control and Community Protection Act while admitted to | ||||||
21 | pretrial release bail , or where the
defendant is on | ||||||
22 | pretrial release bail for a felony domestic battery | ||||||
23 | (enhanced pursuant to
subsection (b) of Section 12-3.2 of | ||||||
24 | the Criminal Code of 1961 or the Criminal Code of 2012), | ||||||
25 | aggravated
domestic battery, aggravated battery, unlawful
| ||||||
26 | restraint, aggravated unlawful restraint or domestic |
| |||||||
| |||||||
1 | battery in violation of
item (1) of subsection (a) of | ||||||
2 | Section 12-3.2 of the Criminal Code of 1961 or the Criminal | ||||||
3 | Code of 2012
against
a family or household member as | ||||||
4 | defined in
Section 112A-3 of this Code and the violation is | ||||||
5 | an offense of domestic
battery, against the same victim, | ||||||
6 | the court
shall revoke the pretrial release bail of
the | ||||||
7 | defendant and hold the defendant for trial without pretrial | ||||||
8 | release bail . Neither the
finding of the court nor any | ||||||
9 | transcript or other record of the hearing
shall be | ||||||
10 | admissible in the State's case in chief, but shall be | ||||||
11 | admissible
for impeachment, or as provided in Section | ||||||
12 | 115-10.1 of this Code or in a
perjury proceeding.
| ||||||
13 | (4) If the pretrial release bail of any defendant is | ||||||
14 | revoked pursuant to paragraph
(f) (3) of this Section, the | ||||||
15 | defendant may demand and shall be entitled
to be brought to | ||||||
16 | trial on the offense with respect to which he was
formerly | ||||||
17 | released on pretrial release bail within 90 days after the | ||||||
18 | date on which his pretrial release
bail was revoked. If the | ||||||
19 | defendant is not brought to trial within the
90 day period | ||||||
20 | required by the preceding sentence, he shall not be held
| ||||||
21 | longer without pretrial release bail . In computing the 90 | ||||||
22 | day period, the court shall
omit any period of delay | ||||||
23 | resulting from a continuance granted at the
request of the | ||||||
24 | defendant.
| ||||||
25 | (5) If the defendant either is arrested on a warrant | ||||||
26 | issued pursuant
to this Code or is arrested for an |
| |||||||
| |||||||
1 | unrelated offense and it is subsequently
discovered that | ||||||
2 | the defendant is a subject of another warrant or warrants
| ||||||
3 | issued pursuant to this Code, the defendant shall be | ||||||
4 | transferred promptly
to the court which issued such | ||||||
5 | warrant. If, however, the defendant appears
initially | ||||||
6 | before a court other than the court which issued such | ||||||
7 | warrant,
the non-issuing court shall not alter the | ||||||
8 | conditions of pretrial release amount of bail set on
such | ||||||
9 | warrant unless the court sets forth on the record of | ||||||
10 | proceedings the
conclusions of law and facts which are the | ||||||
11 | basis for such altering of
another court's conditions of | ||||||
12 | pretrial release bond . The non-issuing court shall not | ||||||
13 | alter another courts pretrial release
bail set on a warrant | ||||||
14 | unless the interests of justice and public safety are
| ||||||
15 | served by such action.
| ||||||
16 | (g) The State may appeal any order where the court has | ||||||
17 | increased or reduced
the amount of bail or altered the | ||||||
18 | conditions of the pretrial release bail bond or granted | ||||||
19 | pretrial release bail where it has previously been revoked.
| ||||||
20 | (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19 .)
| ||||||
21 | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
| ||||||
22 | Sec. 110-6.1. Denial of pretrial release bail in | ||||||
23 | non-probationable felony offenses .
| ||||||
24 | (a) Upon verified petition by the State, the court shall | ||||||
25 | hold a hearing and may deny to
determine whether bail should be |
| |||||||
| |||||||
1 | denied to a defendant pretrial release only if: | ||||||
2 | (1) the defendant who is charged with
a forcible felony | ||||||
3 | offense for which a sentence of imprisonment, without | ||||||
4 | probation,
periodic imprisonment or conditional discharge, | ||||||
5 | is required by law upon
conviction, and when it is alleged | ||||||
6 | that the defendant's pretrial release poses a
real and | ||||||
7 | present threat to a specific, identifiable person or | ||||||
8 | persons admission to bail poses
a real and present threat | ||||||
9 | to the physical safety of any person or persons ; | ||||||
10 | (2) the defendant is charged with stalking or | ||||||
11 | aggravated stalking and it
is alleged that the defendant's | ||||||
12 | pretrial release poses a real and
present threat to the | ||||||
13 | victim of the alleged offense, and denial of
release is | ||||||
14 | necessary to prevent fulfillment of the threat upon which | ||||||
15 | the
charge is based; | ||||||
16 | (3) the alleged victim was a family or household | ||||||
17 | member, and the person
charged, at the time of the alleged | ||||||
18 | offense, was subject to the terms of
an order of protection | ||||||
19 | issued under Section 112A-14 of this Code or
Section 214 of | ||||||
20 | the Illinois Domestic Violence Act of 1986 or previously
| ||||||
21 | was convicted of a violation of an order of protection | ||||||
22 | under Section
12-3.4 or 12-30 of the Criminal Code of 1961 | ||||||
23 | or the Criminal Code of 2012 or
a violent crime if the | ||||||
24 | victim was a family or household member at the
time of the | ||||||
25 | offense or a violation of a substantially similar municipal
| ||||||
26 | ordinance or law of this or any other state or the United |
| |||||||
| |||||||
1 | States if the
victim was a family or household member at | ||||||
2 | the time of the offense, and
it is alleged that the | ||||||
3 | defendant's pre-trial release poses a real and
present | ||||||
4 | threat a specific, identifiable person or persons; | ||||||
5 | (4) the defendant is charged with domestic battery | ||||||
6 | under Section 12-3.2 of the Criminal Code of 2012 and it is | ||||||
7 | alleged that the defendant's pretrial release poses a
real | ||||||
8 | and present threat to a specific, identifiable person or | ||||||
9 | persons; | ||||||
10 | (5) the defendant is charged with any of these | ||||||
11 | violations under the Criminal Code of 2012 and it is
| ||||||
12 | alleged that the defendant's pretrial release poses a real | ||||||
13 | and present
threat to the physical safety of any | ||||||
14 | specifically identifiable person or
persons: | ||||||
15 | (A) Section 24-1.2 (aggravated discharge of a | ||||||
16 | firearm); | ||||||
17 | (B) Section 24-1.2-5 (aggravated discharge of a | ||||||
18 | machine gun or a firearm equipped with a device | ||||||
19 | designed or used for silencing the report of a | ||||||
20 | firearm); | ||||||
21 | (C) Section 24-1.5 (reckless discharge of a | ||||||
22 | firearm); | ||||||
23 | (D) Section 24-1.7
(armed habitual criminal); | ||||||
24 | (E) Section 24-2.2 (manufacture, sale or transfer | ||||||
25 | of bullets or shells represented to be armor piercing | ||||||
26 | bullets, dragon's breath shotgun shells, bolo shells, |
| |||||||
| |||||||
1 | or flechette shells); | ||||||
2 | (F) Section 24-3 (unlawful sale or delivery of | ||||||
3 | firearms); | ||||||
4 | (G) Section
24-3.3 (unlawful sale or delivery of | ||||||
5 | firearms on the premises of any school); | ||||||
6 | (H) Section 24-3.4 (unlawful sale of firearms by | ||||||
7 | liquor licensee); | ||||||
8 | (I) Section 24-3.5 (unlawful purchase of a | ||||||
9 | firearm); | ||||||
10 | (J) Section 24-3A
(gunrunning); or | ||||||
11 | (K) Section 24-3B (firearms trafficking); | ||||||
12 | (6) the person has a high likelihood of willful flight | ||||||
13 | to avoid
prosecution and is charged with: | ||||||
14 | (A) any felony described in paragraphs (1) through | ||||||
15 | (5) of this
subsection (a); or | ||||||
16 | (B) a felony offense other than a Class 4 felony | ||||||
17 | offense. | ||||||
18 | (b) If the charged offense is a felony, the court shall | ||||||
19 | hold a hearing
under Section 109-3 to determine whether there | ||||||
20 | is probable
cause the defendant has committed an offense, | ||||||
21 | unless a grand jury has
returned a true bill of indictment | ||||||
22 | against the defendant. If there is a
finding of no probable | ||||||
23 | cause, the defendant shall be released. No such
finding is | ||||||
24 | necessary if the defendant is charged with a misdemeanor .
| ||||||
25 | (c) Timing of petition.
| ||||||
26 | (1) A petition may be filed without prior notice to the |
| |||||||
| |||||||
1 | defendant at the
first appearance before a judge, or within | ||||||
2 | the 21 calendar days, except as
provided in Section 110-6, | ||||||
3 | after arrest and release of the defendant upon
reasonable | ||||||
4 | notice to defendant; provided that while such petition is
| ||||||
5 | pending before the court, the defendant if previously | ||||||
6 | released shall not be
detained.
| ||||||
7 | (2) Upon filing, the court shall immediately hold a | ||||||
8 | hearing on the petition unless a continuance is
requested. | ||||||
9 | If a continuance is requested, the hearing shall be held
| ||||||
10 | within 48 hours of the defendant's first appearance if the | ||||||
11 | defendant is charged with a Class X felony, Class 1 felony, | ||||||
12 | Class 2 felony,
or Class 3 felony, and within 24 hours if | ||||||
13 | the defendant is charged with
a Class 4 felony or | ||||||
14 | misdemeanor offense. The court may deny and grant the | ||||||
15 | request for
continuance. If the court decides to grant the | ||||||
16 | continuance, the court
retains the discretion to detain or | ||||||
17 | release the defendant in the time
between the filing of the | ||||||
18 | petition and the hearing. | ||||||
19 | (d) Contents of petition. | ||||||
20 | (1) The petition shall be verified by the State and | ||||||
21 | shall state the
grounds upon which it contends the | ||||||
22 | defendant should be denied pretrial
release, including the | ||||||
23 | identity of specifically identifiable person or
persons | ||||||
24 | the State believes the defendant poses a danger to. | ||||||
25 | (2) Only one petition may be filed under this Section. | ||||||
26 | (e) Eligibility. All defendants shall be presumed eligible |
| |||||||
| |||||||
1 | for pretrial release, and
the State shall bear the burden of | ||||||
2 | proving by clear and convincing
evidence that: The hearing | ||||||
3 | shall be held immediately upon the defendant's appearance
| ||||||
4 | before the court, unless for good cause shown the defendant or | ||||||
5 | the State
seeks a continuance. A continuance on motion of the
| ||||||
6 | defendant may not exceed 5 calendar days, and a continuance on | ||||||
7 | the motion
of the State may not exceed 3 calendar days. The | ||||||
8 | defendant may be held in
custody during such continuance.
| ||||||
9 | (b) The court may deny bail to the defendant where, after | ||||||
10 | the hearing, it
is determined that:
| ||||||
11 | (1) the proof is evident or the presumption great that | ||||||
12 | the defendant has
committed an offense listed in paragraphs | ||||||
13 | (1) through (6) of subsection (a) for which a sentence of | ||||||
14 | imprisonment, without
probation, periodic imprisonment or | ||||||
15 | conditional discharge, must be imposed
by law as a | ||||||
16 | consequence of conviction , and
| ||||||
17 | (2) the defendant poses a real and present threat to | ||||||
18 | the physical safety
of a specific, identifiable any person | ||||||
19 | or persons, by conduct which may include, but is not | ||||||
20 | limited
to, a forcible felony, the obstruction of justice,
| ||||||
21 | intimidation, injury, or physical harm , an offense under | ||||||
22 | the Illinois
Controlled Substances Act which is a Class X | ||||||
23 | felony, or an offense under the Methamphetamine Control and | ||||||
24 | Community Protection Act which is a Class X felony , and
| ||||||
25 | (3) the court finds that no condition or combination of | ||||||
26 | conditions set
forth in subsection (b) of Section 110-10 of |
| |||||||
| |||||||
1 | this Article can mitigate the specific, imminent threat to | ||||||
2 | a specific, identifiable ,
can reasonably assure the | ||||||
3 | physical safety of any other person or persons or the | ||||||
4 | defendant's willful flight .
| ||||||
5 | (f) (c) Conduct of the hearings.
| ||||||
6 | (1) Prior
to the hearing the State shall tender to the | ||||||
7 | defendant copies of
defendant's criminal history, if any, | ||||||
8 | if available, any written or
recorded statements, and the | ||||||
9 | substance of any oral statements made by
any person, if | ||||||
10 | relied upon by the State in its petition, and any police
| ||||||
11 | reports in the State's Attorney's possession at the time of | ||||||
12 | the hearing
that are required to be disclosed to the | ||||||
13 | defense under Illinois Supreme
Court rules. The hearing on | ||||||
14 | the defendant's culpability and dangerousness shall be
| ||||||
15 | conducted in accordance with the following provisions:
| ||||||
16 | (2) The State or defendant may present evidence at the | ||||||
17 | hearing (A) Information used by the court in its findings | ||||||
18 | or stated in or
offered at such hearing may be by way of | ||||||
19 | proffer based upon reliable
information offered by the | ||||||
20 | State or by defendant . | ||||||
21 | (3) The defendant Defendant has the right to
be | ||||||
22 | represented by counsel, and if he or she is indigent, to | ||||||
23 | have counsel appointed
for him or her. The defendant . | ||||||
24 | Defendant shall have the opportunity to testify, to present
| ||||||
25 | witnesses on in his or her own behalf, and to cross-examine | ||||||
26 | any witnesses that if any are
called by the State. |
| |||||||
| |||||||
1 | (4) If the defense seeks to call the complaining | ||||||
2 | witness as a witness in its favor, it shall petition the | ||||||
3 | court for permission. The defendant has the right to | ||||||
4 | present witnesses in
his favor. When the ends of justice so | ||||||
5 | require, the court may exercise exercises
its discretion | ||||||
6 | and compel the appearance of a complaining
witness. The | ||||||
7 | court shall state on the record reasons for granting a
| ||||||
8 | defense request to compel the presence of a complaining | ||||||
9 | witness.
Cross-examination of a complaining witness at the | ||||||
10 | pretrial detention hearing
for the purpose of impeaching | ||||||
11 | the witness' credibility is insufficient reason
to compel | ||||||
12 | the presence of the witness. In deciding whether to compel | ||||||
13 | the
appearance of a complaining witness, the court shall be | ||||||
14 | considerate of the
emotional and physical well-being of the | ||||||
15 | witness. The pre-trial detention
hearing is not to be used | ||||||
16 | for purposes of discovery, and the post
arraignment rules | ||||||
17 | of discovery do not apply. The State shall tender to the
| ||||||
18 | defendant, prior to the hearing, copies of defendant's | ||||||
19 | criminal history, if
any, if available, and any written or | ||||||
20 | recorded statements and the substance
of any oral | ||||||
21 | statements made by any person, if relied upon by the State | ||||||
22 | in
its petition. | ||||||
23 | (5) The rules concerning the admissibility of evidence | ||||||
24 | in
criminal trials do not apply to the presentation and | ||||||
25 | consideration of
information at the hearing. At the trial | ||||||
26 | concerning the offense for which
the hearing was conducted |
| |||||||
| |||||||
1 | neither the finding of the court nor any
transcript or | ||||||
2 | other record of the hearing shall be admissible in the
| ||||||
3 | State's case in chief, but shall be admissible for | ||||||
4 | impeachment, or as
provided in Section 115-10.1 of this | ||||||
5 | Code, or in a perjury proceeding.
| ||||||
6 | (6) The (B) A motion by the defendant may not move to | ||||||
7 | suppress evidence or to suppress a
confession , however, | ||||||
8 | evidence shall not be entertained. Evidence that proof of | ||||||
9 | the charged crime may have been
obtained as the result of | ||||||
10 | an unlawful search or and seizure , or both, or through
| ||||||
11 | improper interrogation , is not relevant in assessing the | ||||||
12 | weight of the evidence against the defendant to this state | ||||||
13 | of the prosecution .
| ||||||
14 | (2) The facts relied upon by the court to support a | ||||||
15 | finding that the
defendant poses a real and present threat | ||||||
16 | to the physical safety of any
person or persons shall be | ||||||
17 | supported by clear and convincing evidence
presented by the | ||||||
18 | State.
| ||||||
19 | (g) (d) Factors to be considered in making a determination | ||||||
20 | of dangerousness.
The court may, in determining whether the | ||||||
21 | defendant poses a specific, imminent real and
present threat of | ||||||
22 | serious to the physical harm to an identifiable safety of any | ||||||
23 | person or persons, consider but
shall not be limited to | ||||||
24 | evidence or testimony concerning:
| ||||||
25 | (1) The nature and circumstances of any offense | ||||||
26 | charged, including
whether the offense is a crime of |
| |||||||
| |||||||
1 | violence, involving a weapon.
| ||||||
2 | (2) The history and characteristics of the defendant | ||||||
3 | including:
| ||||||
4 | (A) Any evidence of the defendant's prior criminal | ||||||
5 | history indicative of
violent, abusive or assaultive | ||||||
6 | behavior, or lack of such behavior. Such
evidence may | ||||||
7 | include testimony or documents received in juvenile
| ||||||
8 | proceedings, criminal, quasi-criminal, civil | ||||||
9 | commitment, domestic relations
or other proceedings.
| ||||||
10 | (B) Any evidence of the defendant's psychological, | ||||||
11 | psychiatric or other
similar social history which | ||||||
12 | tends to indicate a violent, abusive, or
assaultive | ||||||
13 | nature, or lack of any such history.
| ||||||
14 | (3) The identity of any person or persons to whose | ||||||
15 | safety the defendant
is believed to pose a threat, and the | ||||||
16 | nature of the threat;
| ||||||
17 | (4) Any statements made by, or attributed to the | ||||||
18 | defendant, together with
the circumstances surrounding | ||||||
19 | them;
| ||||||
20 | (5) The age and physical condition of any person | ||||||
21 | assaulted
by the defendant;
| ||||||
22 | (6) The age and physical condition of any victim or | ||||||
23 | complaining witness; | ||||||
24 | (7) Whether the defendant is known to possess or have | ||||||
25 | access to any
weapon or weapons;
| ||||||
26 | (8) (7) Whether, at the time of the current offense or |
| |||||||
| |||||||
1 | any other offense or
arrest, the defendant was on | ||||||
2 | probation, parole, aftercare release, mandatory supervised
| ||||||
3 | release or other release from custody pending trial, | ||||||
4 | sentencing, appeal or
completion of sentence for an offense | ||||||
5 | under federal or state law;
| ||||||
6 | (9) (8) Any other factors, including those listed in | ||||||
7 | Section 110-5 of this
Article deemed by the court to have a | ||||||
8 | reasonable bearing upon the
defendant's propensity or | ||||||
9 | reputation for violent, abusive or assaultive
behavior, or | ||||||
10 | lack of such behavior.
| ||||||
11 | (h) (e) Detention order. The court shall, in any order for | ||||||
12 | detention:
| ||||||
13 | (1) briefly summarize the evidence of the defendant's | ||||||
14 | guilt or innocence, culpability and the court's its
reasons | ||||||
15 | for concluding that the defendant should be denied pretrial | ||||||
16 | release held without bail ;
| ||||||
17 | (2) direct that the defendant be committed to the | ||||||
18 | custody of the sheriff
for confinement in the county jail | ||||||
19 | pending trial;
| ||||||
20 | (3) direct that the defendant be given a reasonable | ||||||
21 | opportunity for
private consultation with counsel, and for | ||||||
22 | communication with others of his
or her choice by | ||||||
23 | visitation, mail and telephone; and
| ||||||
24 | (4) direct that the sheriff deliver the defendant as | ||||||
25 | required for
appearances in connection with court | ||||||
26 | proceedings.
|
| |||||||
| |||||||
1 | (i) Detention. (f) If the court enters an order for the | ||||||
2 | detention of the defendant
pursuant to subsection (e) of this | ||||||
3 | Section, the defendant
shall be brought to trial on the offense | ||||||
4 | for which he is
detained within 90 days after the date on which | ||||||
5 | the order for detention was
entered. If the defendant is not | ||||||
6 | brought to trial within the 90 day period
required by the | ||||||
7 | preceding sentence, he shall not be denied pretrial release | ||||||
8 | held longer without
bail . In computing the 90 day period, the | ||||||
9 | court shall omit any period of
delay resulting from a | ||||||
10 | continuance granted at the request of the defendant.
| ||||||
11 | (j) (g) Rights of the defendant. Any person shall be | ||||||
12 | entitled to appeal any
order entered under this Section denying | ||||||
13 | pretrial release bail to the defendant.
| ||||||
14 | (k) Appeal. (h) The State may appeal any order entered | ||||||
15 | under this Section denying any
motion for denial of pretrial | ||||||
16 | release bail .
| ||||||
17 | (l) Presumption of innocence. (i) Nothing in this Section | ||||||
18 | shall be construed as modifying or limiting
in any way the | ||||||
19 | defendant's presumption of innocence in further criminal
| ||||||
20 | proceedings.
| ||||||
21 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
22 | (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
| ||||||
23 | Sec. 110-6.3. Denial of pretrial release bail in stalking | ||||||
24 | and aggravated stalking
offenses. | ||||||
25 | (a) Upon verified petition by the State, the court shall |
| |||||||
| |||||||
1 | hold a
hearing to determine whether pretrial release bail | ||||||
2 | should be denied to a defendant who is
charged with
stalking or | ||||||
3 | aggravated stalking, when it is alleged that the defendant's
| ||||||
4 | admission to pretrial release bail poses a real and present | ||||||
5 | threat to the physical safety of
the alleged victim of the | ||||||
6 | offense, and denial of pretrial release on bail or
personal | ||||||
7 | recognizance is necessary to prevent fulfillment of the threat
| ||||||
8 | upon which the charge is based.
| ||||||
9 | (1) A petition may be filed without prior notice to the | ||||||
10 | defendant at the
first appearance before a judge, or within | ||||||
11 | 21 calendar days, except as
provided in Section 110-6, | ||||||
12 | after arrest and release of the defendant upon
reasonable | ||||||
13 | notice to defendant; provided that while the petition is
| ||||||
14 | pending before the court, the defendant if previously | ||||||
15 | released shall not be
detained.
| ||||||
16 | (2) The hearing shall be held immediately upon the | ||||||
17 | defendant's
appearance before the court, unless for good | ||||||
18 | cause shown the defendant or
the State seeks a continuance. | ||||||
19 | A continuance on motion of the defendant
may not exceed 5 | ||||||
20 | calendar days, and the defendant may be held in custody
| ||||||
21 | during the continuance. A continuance on the motion of the | ||||||
22 | State may not
exceed 3 calendar days; however, the | ||||||
23 | defendant may be held in custody
during the continuance | ||||||
24 | under this provision if the defendant has been
previously | ||||||
25 | found to have violated an order of protection or has been
| ||||||
26 | previously convicted of, or granted court supervision for, |
| |||||||
| |||||||
1 | any of the
offenses set forth in Sections 11-1.20, 11-1.30, | ||||||
2 | 11-1.40, 11-1.50, 11-1.60, 12-2,
12-3.05, 12-3.2, 12-3.3, | ||||||
3 | 12-4, 12-4.1, 12-7.3, 12-7.4, 12-13,
12-14, 12-14.1, 12-15 | ||||||
4 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
5 | of 2012, against the
same person
as the alleged victim of | ||||||
6 | the stalking or aggravated stalking offense.
| ||||||
7 | (b) The court may deny pretrial release bail to the | ||||||
8 | defendant when, after the hearing, it
is determined that:
| ||||||
9 | (1) the proof is evident or the presumption great that | ||||||
10 | the defendant has
committed the offense of stalking or | ||||||
11 | aggravated stalking; and
| ||||||
12 | (2) the defendant poses a real and present threat to | ||||||
13 | the physical safety
of the alleged victim of the offense; | ||||||
14 | and
| ||||||
15 | (3) the denial of pretrial release on bail or personal | ||||||
16 | recognizance is
necessary to prevent fulfillment of the | ||||||
17 | threat upon which the charge is based;
and
| ||||||
18 | (4) the court finds that no condition or combination of | ||||||
19 | conditions set
forth in subsection (b) of Section 110-10 of | ||||||
20 | this Code, including mental
health treatment at a community | ||||||
21 | mental health center, hospital, or
facility of the | ||||||
22 | Department of Human Services,
can reasonably assure the | ||||||
23 | physical safety of the alleged victim of the offense.
| ||||||
24 | (c) Conduct of the hearings.
| ||||||
25 | (1) The hearing on the defendant's culpability and | ||||||
26 | threat to the
alleged victim of the offense shall be
|
| |||||||
| |||||||
1 | conducted in accordance with the following provisions:
| ||||||
2 | (A) Information used by the court in its findings | ||||||
3 | or stated in or
offered
at the hearing may be by way of | ||||||
4 | proffer based upon reliable information
offered by the | ||||||
5 | State or by defendant. Defendant has the right to be
| ||||||
6 | represented by counsel, and if he is indigent, to have | ||||||
7 | counsel appointed
for him. Defendant shall have the | ||||||
8 | opportunity to testify, to present
witnesses in his own | ||||||
9 | behalf, and to cross-examine witnesses if any are
| ||||||
10 | called by the State. The defendant has the right to | ||||||
11 | present witnesses in
his favor. When the ends of | ||||||
12 | justice so require, the court may exercise
its | ||||||
13 | discretion and compel the appearance of a complaining
| ||||||
14 | witness. The court shall state on the record reasons | ||||||
15 | for granting a
defense request to compel the presence | ||||||
16 | of a complaining witness.
Cross-examination of a | ||||||
17 | complaining witness at the pretrial detention hearing | ||||||
18 | for
the purpose of impeaching the witness' credibility | ||||||
19 | is insufficient reason
to compel the presence of the | ||||||
20 | witness. In deciding whether to compel the
appearance | ||||||
21 | of a complaining witness, the court shall be | ||||||
22 | considerate of the
emotional and physical well-being | ||||||
23 | of the witness.
The pretrial detention hearing is not | ||||||
24 | to be used for the purposes of
discovery, and the post | ||||||
25 | arraignment rules of discovery do not apply. The
State | ||||||
26 | shall tender to the
defendant, prior to the hearing, |
| |||||||
| |||||||
1 | copies of defendant's criminal history, if
any, if | ||||||
2 | available, and any written or recorded statements and | ||||||
3 | the substance
of any oral statements made by any | ||||||
4 | person, if relied upon by the State.
The rules | ||||||
5 | concerning the admissibility of evidence in
criminal | ||||||
6 | trials do not apply to the presentation and | ||||||
7 | consideration of
information at the hearing. At the | ||||||
8 | trial concerning the offense for which
the hearing was | ||||||
9 | conducted neither the finding of the court nor any
| ||||||
10 | transcript or other record of the hearing shall be | ||||||
11 | admissible in the
State's case in chief, but shall be | ||||||
12 | admissible for impeachment, or as
provided in Section | ||||||
13 | 115-10.1 of this Code, or in a perjury proceeding.
| ||||||
14 | (B) A motion by the defendant to suppress evidence | ||||||
15 | or to suppress a
confession shall not be entertained. | ||||||
16 | Evidence that proof may have been
obtained as the | ||||||
17 | result of an unlawful search and seizure or through
| ||||||
18 | improper interrogation is not relevant to this state of | ||||||
19 | the prosecution.
| ||||||
20 | (2) The facts relied upon by the court to support a | ||||||
21 | finding that:
| ||||||
22 | (A) the
defendant poses a real and present threat | ||||||
23 | to the physical safety of the
alleged victim of the | ||||||
24 | offense; and
| ||||||
25 | (B) the denial of pretrial release on bail or | ||||||
26 | personal
recognizance is necessary to prevent |
| |||||||
| |||||||
1 | fulfillment of the threat upon which
the charge is | ||||||
2 | based;
| ||||||
3 | shall be supported by clear and convincing evidence
| ||||||
4 | presented by the State.
| ||||||
5 | (d) Factors to be considered in making a determination of | ||||||
6 | the threat to
the alleged victim of the offense.
The court may, | ||||||
7 | in determining whether the defendant poses, at the time of
the | ||||||
8 | hearing, a real and
present threat to the physical safety of | ||||||
9 | the alleged victim of the offense,
consider but
shall not be | ||||||
10 | limited to evidence or testimony concerning:
| ||||||
11 | (1) The nature and circumstances of the offense | ||||||
12 | charged;
| ||||||
13 | (2) The history and characteristics of the defendant | ||||||
14 | including:
| ||||||
15 | (A) Any evidence of the defendant's prior criminal | ||||||
16 | history indicative of
violent, abusive or assaultive | ||||||
17 | behavior, or lack of that behavior. The
evidence may | ||||||
18 | include testimony or documents received in juvenile
| ||||||
19 | proceedings, criminal, quasi-criminal, civil | ||||||
20 | commitment, domestic relations
or other proceedings;
| ||||||
21 | (B) Any evidence of the defendant's psychological, | ||||||
22 | psychiatric or other
similar social history that tends | ||||||
23 | to indicate a violent, abusive, or
assaultive nature, | ||||||
24 | or lack of any such history.
| ||||||
25 | (3) The nature of the threat which is the basis of the | ||||||
26 | charge against the defendant;
|
| |||||||
| |||||||
1 | (4) Any statements made by, or attributed to the | ||||||
2 | defendant, together with
the circumstances surrounding | ||||||
3 | them;
| ||||||
4 | (5) The age and physical condition of any person | ||||||
5 | assaulted
by the defendant;
| ||||||
6 | (6) Whether the defendant is known to possess or have | ||||||
7 | access to any
weapon or weapons;
| ||||||
8 | (7) Whether, at the time of the current offense or any | ||||||
9 | other offense or
arrest, the defendant was on probation, | ||||||
10 | parole, aftercare release, mandatory supervised
release or | ||||||
11 | other release from custody pending trial, sentencing, | ||||||
12 | appeal or
completion of sentence for an offense under | ||||||
13 | federal or state law;
| ||||||
14 | (8) Any other factors, including those listed in | ||||||
15 | Section 110-5 of this
Code, deemed by the court to have a | ||||||
16 | reasonable bearing upon the
defendant's propensity or | ||||||
17 | reputation for violent, abusive or assaultive
behavior, or | ||||||
18 | lack of that behavior.
| ||||||
19 | (e) The court shall, in any order denying pretrial release | ||||||
20 | bail to a person charged with
stalking or aggravated stalking:
| ||||||
21 | (1) briefly summarize the evidence of the defendant's | ||||||
22 | culpability and its
reasons for concluding that the | ||||||
23 | defendant should be held without pretrial release bail ;
| ||||||
24 | (2) direct that the defendant be committed to the | ||||||
25 | custody of the sheriff
for confinement in the county jail | ||||||
26 | pending trial;
|
| |||||||
| |||||||
1 | (3) direct that the defendant be given a reasonable | ||||||
2 | opportunity for
private consultation with counsel, and for | ||||||
3 | communication with others of his
choice by visitation, mail | ||||||
4 | and telephone; and
| ||||||
5 | (4) direct that the sheriff deliver the defendant as | ||||||
6 | required for
appearances in connection with court | ||||||
7 | proceedings.
| ||||||
8 | (f) If the court enters an order for the detention of the | ||||||
9 | defendant
under subsection (e) of this Section, the defendant | ||||||
10 | shall be brought to
trial on the offense for which he is | ||||||
11 | detained within 90 days after the date
on which the order for | ||||||
12 | detention was entered. If the defendant is not
brought to trial | ||||||
13 | within the 90 day period required by this subsection (f),
he | ||||||
14 | shall not be held longer without pretrial release bail . In | ||||||
15 | computing the 90 day period,
the court shall omit any period of | ||||||
16 | delay resulting from a continuance
granted at the request of | ||||||
17 | the defendant.
The court shall immediately notify the alleged | ||||||
18 | victim of the offense that the defendant
has been admitted to | ||||||
19 | pretrial release bail under this subsection.
| ||||||
20 | (g) Any person shall be entitled to appeal any
order | ||||||
21 | entered under this Section denying pretrial release bail to the | ||||||
22 | defendant.
| ||||||
23 | (h) The State may appeal any order entered under this | ||||||
24 | Section denying any
motion for denial of pretrial release bail .
| ||||||
25 | (i) Nothing in this Section shall be construed as modifying | ||||||
26 | or limiting
in any way the defendant's presumption of innocence |
| |||||||
| |||||||
1 | in further criminal
proceedings.
| ||||||
2 | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
3 | 98-558, eff. 1-1-14.)
| ||||||
4 | (725 ILCS 5/110-6.4) | ||||||
5 | Sec. 110-6.4. Statewide risk-assessment tool. The Supreme | ||||||
6 | Court may establish a statewide risk-assessment tool to be used | ||||||
7 | in proceedings to assist the court in establishing conditions | ||||||
8 | of pretrial release bail for a defendant by assessing the | ||||||
9 | defendant's likelihood of appearing at future court | ||||||
10 | proceedings or determining if the defendant poses a real and | ||||||
11 | present threat to the physical safety of any person or persons. | ||||||
12 | The Supreme Court shall consider establishing a | ||||||
13 | risk-assessment tool that does not discriminate on the basis of | ||||||
14 | race, gender, educational level, socio-economic status, or | ||||||
15 | neighborhood. If a risk-assessment tool is utilized within a | ||||||
16 | circuit that does not require a personal interview to be | ||||||
17 | completed, the Chief Judge of the circuit or the director of | ||||||
18 | the pretrial services agency may exempt the requirement under | ||||||
19 | Section 9 and subsection (a) of Section 7 of the Pretrial | ||||||
20 | Services Act. | ||||||
21 | For the purpose of this Section, "risk-assessment tool" | ||||||
22 | means an empirically validated, evidence-based screening | ||||||
23 | instrument that demonstrates reduced instances of a | ||||||
24 | defendant's failure to appear for further court proceedings or | ||||||
25 | prevents future criminal activity.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18.)
| ||||||
2 | (725 ILCS 5/110-6.5)
| ||||||
3 | Sec. 110-6.5. Drug testing program. The Chief Judge of the | ||||||
4 | circuit may establish a drug testing program as provided
by | ||||||
5 | this Section in any county in the circuit if the county board | ||||||
6 | has approved
the establishment of the program and the county | ||||||
7 | probation department or
pretrial services agency has consented | ||||||
8 | to administer it. The drug testing
program shall be conducted | ||||||
9 | under the following provisions:
| ||||||
10 | (a) The court, in the case of a defendant charged with a | ||||||
11 | felony offense or
any offense involving the possession or | ||||||
12 | delivery of cannabis or a
controlled substance, shall:
| ||||||
13 | (1) not consider the release of the defendant on his or | ||||||
14 | her own
recognizance, unless the defendant consents to | ||||||
15 | periodic drug testing during
the period of release on his | ||||||
16 | or her own recognizance, in accordance with this
Section;
| ||||||
17 | (2) consider the consent of the defendant to periodic | ||||||
18 | drug testing
during the period of pretrial release on bail | ||||||
19 | in accordance with this Section as a
favorable factor for | ||||||
20 | the defendant in determining the amount of bail, the
| ||||||
21 | conditions of pretrial release or in considering the | ||||||
22 | defendant's motion to reduce
the amount of bail .
| ||||||
23 | (b) The drug testing shall be conducted by the pretrial | ||||||
24 | services agency or
under the direction of the probation | ||||||
25 | department when a pretrial services
agency does not exist in |
| |||||||
| |||||||
1 | accordance with this Section.
| ||||||
2 | (c) A defendant who consents to periodic drug testing as | ||||||
3 | set forth in this
Section
shall sign an agreement with the | ||||||
4 | court that, during the period of release,
the defendant shall | ||||||
5 | refrain from using illegal drugs and that the
defendant will | ||||||
6 | comply with the conditions of the testing program. The
| ||||||
7 | agreement shall be on a form prescribed by the court and shall | ||||||
8 | be executed
at the time of the pretrial release bail hearing. | ||||||
9 | This agreement shall be made a specific
condition of pretrial | ||||||
10 | release bail .
| ||||||
11 | (d) The drug testing program shall be conducted as follows:
| ||||||
12 | (1) The testing shall be done by urinalysis for the | ||||||
13 | detection of
phencyclidine, heroin, cocaine, methadone and | ||||||
14 | amphetamines.
| ||||||
15 | (2) The collection of samples shall be performed under | ||||||
16 | reasonable and
sanitary conditions.
| ||||||
17 | (3) Samples shall be collected and tested with due | ||||||
18 | regard for the
privacy of the individual being tested and | ||||||
19 | in a manner reasonably
calculated to prevent substitutions | ||||||
20 | or interference with the collection or
testing of reliable | ||||||
21 | samples.
| ||||||
22 | (4) Sample collection shall be documented, and the | ||||||
23 | documentation
procedures shall include:
| ||||||
24 | (i) Labeling of samples so as to reasonably | ||||||
25 | preclude the probability of
erroneous identification | ||||||
26 | of test results; and
|
| |||||||
| |||||||
1 | (ii) An opportunity for the defendant to provide | ||||||
2 | information on the
identification of prescription or | ||||||
3 | nonprescription drugs used in connection
with a | ||||||
4 | medical condition.
| ||||||
5 | (5) Sample collection, storage, and transportation to | ||||||
6 | the place of
testing shall be performed so as to reasonably | ||||||
7 | preclude the probability of
sample contamination or | ||||||
8 | adulteration.
| ||||||
9 | (6) Sample testing shall conform to scientifically | ||||||
10 | accepted analytical
methods and procedures. Testing shall | ||||||
11 | include verification or confirmation
of any positive test | ||||||
12 | result by a reliable analytical method before the
result of | ||||||
13 | any test may be used as a basis for any action by the | ||||||
14 | court.
| ||||||
15 | (e) The initial sample shall be collected before the | ||||||
16 | defendant's pretrial release
on bail . Thereafter, the | ||||||
17 | defendant shall report to the pretrial services
agency or | ||||||
18 | probation department as required
by the agency or department. | ||||||
19 | The pretrial
services agency or probation department shall
| ||||||
20 | immediately notify the court of
any defendant who fails to | ||||||
21 | report for testing.
| ||||||
22 | (f) After the initial test, a subsequent confirmed positive | ||||||
23 | test result
indicative of continued drug use shall result in | ||||||
24 | the following:
| ||||||
25 | (1) Upon the first confirmed positive test result, the | ||||||
26 | pretrial services
agency or probation department, shall |
| |||||||
| |||||||
1 | place the defendant on a more
frequent testing schedule and | ||||||
2 | shall warn the defendant of the consequences
of continued | ||||||
3 | drug use.
| ||||||
4 | (2) A second confirmed positive test result shall be | ||||||
5 | grounds for a
hearing before the judge who authorized the | ||||||
6 | release of the defendant in
accordance with the provisions | ||||||
7 | of subsection (g) of this Section.
| ||||||
8 | (g) The court shall, upon motion of the State or upon its | ||||||
9 | own motion,
conduct a hearing in connection with any defendant | ||||||
10 | who fails to appear for
testing, fails to cooperate with the | ||||||
11 | persons conducting the testing
program, attempts to submit a | ||||||
12 | sample not his or her own or has had a
confirmed positive test | ||||||
13 | result indicative of continued drug use for the second
or | ||||||
14 | subsequent time after the
initial test. The hearing shall be | ||||||
15 | conducted in accordance with the
procedures of Section 110-6.
| ||||||
16 | Upon a finding by the court that the State has established | ||||||
17 | by clear and
convincing evidence that the defendant has | ||||||
18 | violated the drug testing
conditions of pretrial release bail , | ||||||
19 | the court may consider any of the following sanctions:
| ||||||
20 | (1) change the conditions increase the amount of the | ||||||
21 | defendant's pretrial release bail or conditions of | ||||||
22 | release;
| ||||||
23 | (2) impose a jail sentence of up to 5 days;
| ||||||
24 | (3) revoke the defendant's pretrial release bail ; or
| ||||||
25 | (4) enter such other orders which are within the power | ||||||
26 | of the court as
deemed appropriate.
|
| |||||||
| |||||||
1 | (h) The results of any drug testing conducted under this | ||||||
2 | Section
shall not be admissible on the issue of the defendant's | ||||||
3 | guilt in connection
with any criminal charge.
| ||||||
4 | (i) The court may require that the defendant pay for the | ||||||
5 | cost of drug
testing.
| ||||||
6 | (Source: P.A. 88-677, eff. 12-15-94.)
| ||||||
7 | (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
| ||||||
8 | Sec. 110-7. Pretrial release. Deposit of bail security .
| ||||||
9 | (a) (Blank). The person for whom conditions of pretrial | ||||||
10 | release have bail has been set shall sign a form acknowledging | ||||||
11 | those conditions and that he or she shall comply with those | ||||||
12 | conditions execute the bail bond and
deposit with the clerk of | ||||||
13 | the court before which the proceeding is pending a
sum of money | ||||||
14 | equal to 10% of the bail, but in no event shall such deposit be
| ||||||
15 | less than $25 . The clerk of the court shall provide a space on | ||||||
16 | each form for a
person other than the accused who has provided | ||||||
17 | the money for the posting of
bail to so indicate and a space | ||||||
18 | signed by an
accused who has executed the bail bond indicating | ||||||
19 | whether a person other
than the accused has provided the money | ||||||
20 | for the posting of bail. The form
shall also include a written | ||||||
21 | notice to such person who has provided
the defendant with the | ||||||
22 | money for the posting of bail indicating that the bail
may be | ||||||
23 | used to pay costs, attorney's fees, fines, or other purposes | ||||||
24 | authorized
by the court and if the
defendant fails to comply | ||||||
25 | with the conditions of the bail bond, the court
shall enter an |
| |||||||
| |||||||
1 | order declaring the bail to be forfeited. The written notice
| ||||||
2 | must be: (1) distinguishable from the surrounding text; (2) in | ||||||
3 | bold type or
underscored; and (3) in a type size at least 2 | ||||||
4 | points larger than the
surrounding type. When a person for whom | ||||||
5 | bail has been set is charged with an offense under the Illinois | ||||||
6 | Controlled
Substances Act or the Methamphetamine Control and | ||||||
7 | Community Protection Act which is a Class X felony, or making a | ||||||
8 | terrorist threat in violation of
Section 29D-20 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012 or an attempt to | ||||||
10 | commit the offense of making a terrorist threat, the court may | ||||||
11 | require the
defendant to deposit a sum equal to 100% of the | ||||||
12 | bail.
Where any person is charged with a forcible felony while | ||||||
13 | free on pretrial release bail and
is the subject of proceedings | ||||||
14 | under Section 109-3 of this Code the judge
conducting the | ||||||
15 | preliminary examination may also conduct a hearing upon the
| ||||||
16 | application of the State pursuant to the provisions of Section | ||||||
17 | 110-6 of this
Code to increase or revoke the pretrial release | ||||||
18 | bail for that person's prior alleged offense.
| ||||||
19 | (b) (Blank) Upon depositing this sum and any bond fee | ||||||
20 | authorized by law, the person
shall be released
from custody | ||||||
21 | subject to the conditions of the bail bond .
| ||||||
22 | (c) Once conditions of pretrial release have bail has been | ||||||
23 | given and a charge is pending or
is thereafter filed in or | ||||||
24 | transferred to a court of competent
jurisdiction the latter | ||||||
25 | court shall continue the original conditions of pretrial | ||||||
26 | release bail
in that court subject to the provisions of Section |
| |||||||
| |||||||
1 | 110-6 of this Code.
| ||||||
2 | (d) After conviction the court may order that the original | ||||||
3 | conditions of pretrial release
bail stand as bail pending | ||||||
4 | appeal or deny pretrial release , increase or reduce bail
| ||||||
5 | subject to the provisions of Section 110-6.2.
| ||||||
6 | (e) After the entry of an order by the trial court allowing
| ||||||
7 | or denying pretrial release bail pending appeal either party | ||||||
8 | may apply to the
reviewing court having jurisdiction or to a | ||||||
9 | justice thereof
sitting in vacation for an order increasing or | ||||||
10 | decreasing the
amount of bail or allowing or denying pretrial | ||||||
11 | release bail pending appeal subject to the
provisions of | ||||||
12 | Section 110-6.2.
| ||||||
13 | (f) (Blank). When the conditions of the bail bond have been | ||||||
14 | performed
and the accused has been discharged from all | ||||||
15 | obligations in the
cause the clerk of the court shall return to | ||||||
16 | the accused or to the
defendant's designee by an assignment | ||||||
17 | executed at the time the bail amount
is deposited, unless
the | ||||||
18 | court orders otherwise, 90% of the sum which had been
deposited | ||||||
19 | and shall retain as bail bond costs 10% of the amount
| ||||||
20 | deposited. However, in no event shall the amount retained by | ||||||
21 | the
clerk as bail bond costs be less than $5. Notwithstanding | ||||||
22 | the foregoing, in counties with a population of 3,000,000 or | ||||||
23 | more, in no event shall the amount retained by the clerk as | ||||||
24 | bail bond costs exceed $100. Bail bond deposited by or on
| ||||||
25 | behalf of a defendant in one case may be used, in the court's | ||||||
26 | discretion,
to satisfy financial obligations of that same |
| |||||||
| |||||||
1 | defendant incurred in a
different case due to a fine, court | ||||||
2 | costs,
restitution or fees of the defendant's attorney of | ||||||
3 | record. In counties with
a population of 3,000,000 or more, the | ||||||
4 | court shall
not order bail bond deposited by or on behalf of a | ||||||
5 | defendant in one case to
be used to satisfy financial | ||||||
6 | obligations of that same defendant in a
different case until | ||||||
7 | the bail bond is first used to satisfy court costs and
| ||||||
8 | attorney's fees in
the case in which the bail bond has been | ||||||
9 | deposited and any other unpaid child
support obligations are | ||||||
10 | satisfied. In counties with a population of less than | ||||||
11 | 3,000,000, the court shall
not order bail bond deposited by or | ||||||
12 | on behalf of a defendant in one case to
be used to satisfy | ||||||
13 | financial obligations of that same defendant in a
different | ||||||
14 | case until the bail bond is first used to satisfy court costs
| ||||||
15 | in
the case in which the bail bond has been deposited.
| ||||||
16 | At the request of the defendant the court may order such | ||||||
17 | 90% of
defendant's bail deposit, or whatever amount is | ||||||
18 | repayable to defendant
from such deposit, to be paid to | ||||||
19 | defendant's attorney of record.
| ||||||
20 | (g) If the accused does not comply with the conditions of | ||||||
21 | pretrial release
the bail bond the court having jurisdiction | ||||||
22 | shall enter an
order declaring the pretrial release bail to be | ||||||
23 | forfeited. Notice of such order
of forfeiture shall be mailed | ||||||
24 | forthwith to the accused at his
last known address. If the | ||||||
25 | accused does not appear and surrender
to the court having | ||||||
26 | jurisdiction within 30 days from the date of
the forfeiture or |
| |||||||
| |||||||
1 | within such period satisfy the court
that appearance and | ||||||
2 | surrender by the accused is impossible
and without his fault | ||||||
3 | the court shall enter judgment for the State if the
charge for | ||||||
4 | which pretrial release the bond was given was a felony
or | ||||||
5 | misdemeanor, or if the charge was quasi-criminal or traffic,
| ||||||
6 | judgment for the political subdivision of the State which
| ||||||
7 | prosecuted the case, against the accused for the amount of
the | ||||||
8 | bail and costs of the court proceedings; however,
in counties | ||||||
9 | with a population of less than 3,000,000, instead of the court
| ||||||
10 | entering a judgment for the full amount
of the costs bond the | ||||||
11 | court may, in its discretion, enter judgment for the cash
| ||||||
12 | deposit on the bond, less costs, retain the deposit for further | ||||||
13 | disposition or,
if a cash bond was posted for failure to appear | ||||||
14 | in a matter involving
enforcement of child support or | ||||||
15 | maintenance, the amount of the costs the cash deposit on
the | ||||||
16 | bond , less outstanding costs, may be awarded to the person or | ||||||
17 | entity to
whom the child support or maintenance is due. The | ||||||
18 | deposit
made in accordance with paragraph (a) shall be applied | ||||||
19 | to
the payment of costs. If judgment is entered and any amount | ||||||
20 | of such
deposit remains
after the payment of costs it shall be | ||||||
21 | applied to payment of
the judgment and transferred to the | ||||||
22 | treasury of the municipal
corporation wherein the bond was | ||||||
23 | taken if the offense was a
violation of any penal ordinance of | ||||||
24 | a political subdivision
of this State, or to the treasury of | ||||||
25 | the county wherein the
bond was taken if the offense was a | ||||||
26 | violation of any penal
statute of this State. The balance of |
| |||||||
| |||||||
1 | the judgment for costs may be
enforced and collected in the | ||||||
2 | same manner as a judgment entered
in a civil action.
| ||||||
3 | (h) After a judgment for a fine and court costs or either | ||||||
4 | is
entered in the prosecution of a cause in which a deposit had
| ||||||
5 | been made in accordance with paragraph (a) the balance of such
| ||||||
6 | deposit , after deduction of bail bond costs, shall be applied
| ||||||
7 | to the payment of the judgment.
| ||||||
8 | (i) When a court appearance is required for an alleged | ||||||
9 | violation of the Criminal Code of 1961, the Criminal Code of | ||||||
10 | 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish | ||||||
11 | and Aquatic Life Code, the Child Passenger Protection Act, or a | ||||||
12 | comparable offense of a unit of local government as specified | ||||||
13 | in Supreme Court Rule 551, and if the accused does not appear | ||||||
14 | in court on the date set for appearance or any date to which | ||||||
15 | the case may be continued and the court issues an arrest | ||||||
16 | warrant for the accused, based upon his or her failure to | ||||||
17 | appear when having so previously been ordered to appear by the | ||||||
18 | court, the accused upon his or her admission to pretrial | ||||||
19 | release bail shall be assessed by the court a fee of $75. | ||||||
20 | Payment of the fee shall be a condition of release unless | ||||||
21 | otherwise ordered by the court. The fee shall be in addition to | ||||||
22 | any bail that the accused is required to deposit for the | ||||||
23 | offense for which the accused has been charged and may not be | ||||||
24 | used for the payment of court costs or fines assessed for the | ||||||
25 | offense. The clerk of the court shall remit $70 of the fee | ||||||
26 | assessed to the arresting agency who brings the offender in on |
| |||||||
| |||||||
1 | the arrest warrant. If the Department of State Police is the | ||||||
2 | arresting agency, $70 of the fee assessed shall be remitted by | ||||||
3 | the clerk of the court to the State Treasurer within one month | ||||||
4 | after receipt for deposit into the State Police Operations | ||||||
5 | Assistance Fund. The clerk of the court shall remit $5 of the | ||||||
6 | fee assessed to the Circuit Court Clerk Operation and | ||||||
7 | Administrative Fund as provided in Section 27.3d of the Clerks | ||||||
8 | of Courts Act.
| ||||||
9 | (Source: P.A. 99-412, eff. 1-1-16 .)
| ||||||
10 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||||||
11 | Sec. 110-10. Conditions of pretrial release bail bond .
| ||||||
12 | (a) If a person is released prior to conviction, either | ||||||
13 | upon payment of
bail security or on his or her own | ||||||
14 | recognizance, the conditions of pretrial release the bail
bond | ||||||
15 | shall be that he or she will:
| ||||||
16 | (1) Appear to answer the charge in the court having | ||||||
17 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
18 | the court until discharged or
final order of the court;
| ||||||
19 | (2) Submit himself or herself to the orders and process | ||||||
20 | of the court;
| ||||||
21 | (3) (Blank); Not depart this State without leave of the | ||||||
22 | court;
| ||||||
23 | (4) Not violate any criminal statute of any | ||||||
24 | jurisdiction;
| ||||||
25 | (5) At a time and place designated by the court, |
| |||||||
| |||||||
1 | surrender all firearms
in his or her possession to a law | ||||||
2 | enforcement officer designated by the court
to take custody | ||||||
3 | of and impound the firearms
and physically
surrender his or | ||||||
4 | her Firearm Owner's Identification Card to the clerk of the
| ||||||
5 | circuit court
when the offense the person has
been charged | ||||||
6 | with is a forcible felony, stalking, aggravated stalking, | ||||||
7 | domestic
battery, any violation of the Illinois Controlled | ||||||
8 | Substances Act, the Methamphetamine Control and Community | ||||||
9 | Protection Act, or the
Cannabis Control Act that is | ||||||
10 | classified as a Class 2 or greater felony, or any
felony | ||||||
11 | violation of Article 24 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012; the court
may,
however, forgo the | ||||||
13 | imposition of this condition when the
circumstances of the
| ||||||
14 | case clearly do not warrant it or when its imposition would | ||||||
15 | be
impractical;
if the Firearm Owner's Identification Card | ||||||
16 | is confiscated, the clerk of the circuit court shall mail | ||||||
17 | the confiscated card to the Illinois State Police; all | ||||||
18 | legally possessed firearms shall be returned to the person | ||||||
19 | upon
the charges being dismissed, or if the person is found | ||||||
20 | not guilty, unless the
finding of not guilty is by reason | ||||||
21 | of insanity; and
| ||||||
22 | (6) At a time and place designated by the court, submit | ||||||
23 | to a
psychological
evaluation when the person has been | ||||||
24 | charged with a violation of item (4) of
subsection
(a) of | ||||||
25 | Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
26 | Code of 2012 and that violation occurred in
a school
or in |
| |||||||
| |||||||
1 | any conveyance owned, leased, or contracted by a school to | ||||||
2 | transport
students to or
from school or a school-related | ||||||
3 | activity, or on any public way within 1,000
feet of real
| ||||||
4 | property comprising any school.
| ||||||
5 | Psychological evaluations ordered pursuant to this Section | ||||||
6 | shall be completed
promptly
and made available to the State, | ||||||
7 | the defendant, and the court. As a further
condition of | ||||||
8 | pretrial release bail under
these circumstances, the court | ||||||
9 | shall order the defendant to refrain from
entering upon the
| ||||||
10 | property of the school, including any conveyance owned, leased, | ||||||
11 | or contracted
by a school to
transport students to or from | ||||||
12 | school or a school-related activity, or on any public way | ||||||
13 | within
1,000 feet of real property comprising any school. Upon | ||||||
14 | receipt of the psychological evaluation,
either the State or | ||||||
15 | the defendant may request a change in the conditions of | ||||||
16 | pretrial release bail , pursuant to
Section 110-6 of this Code. | ||||||
17 | The court may change the conditions of bail to include a
| ||||||
18 | requirement that the defendant follow the recommendations of | ||||||
19 | the psychological evaluation,
including undergoing psychiatric | ||||||
20 | treatment. The conclusions of the
psychological evaluation and
| ||||||
21 | any statements elicited from the defendant during its | ||||||
22 | administration are not
admissible as evidence
of guilt during | ||||||
23 | the course of any trial on the charged offense, unless the
| ||||||
24 | defendant places his or her
mental competency in issue.
| ||||||
25 | (b) The court may impose other conditions, such as the | ||||||
26 | following, if the
court finds that such conditions are |
| |||||||
| |||||||
1 | reasonably necessary to assure the
defendant's appearance in | ||||||
2 | court, protect the public from the defendant, or
prevent the | ||||||
3 | defendant's unlawful interference with the orderly | ||||||
4 | administration
of justice:
| ||||||
5 | (0.05) Not depart this State without leave of the | ||||||
6 | court; | ||||||
7 | (1) Report to or appear in person before such person or | ||||||
8 | agency as the
court may direct;
| ||||||
9 | (2) Refrain from possessing a firearm or other | ||||||
10 | dangerous weapon;
| ||||||
11 | (3) Refrain from approaching or communicating with | ||||||
12 | particular persons or
classes of persons;
| ||||||
13 | (4) Refrain from going to certain described | ||||||
14 | geographical areas or
premises;
| ||||||
15 | (5) Refrain from engaging in certain activities or | ||||||
16 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
17 | (6) Undergo treatment for drug addiction or | ||||||
18 | alcoholism;
| ||||||
19 | (7) Undergo medical or psychiatric treatment;
| ||||||
20 | (8) Work or pursue a course of study or vocational | ||||||
21 | training;
| ||||||
22 | (9) Attend or reside in a facility designated by the | ||||||
23 | court;
| ||||||
24 | (10) Support his or her dependents;
| ||||||
25 | (11) If a minor resides with his or her parents or in a | ||||||
26 | foster home,
attend school, attend a non-residential |
| |||||||
| |||||||
1 | program for youths, and contribute
to his or her own | ||||||
2 | support at home or in a foster home;
| ||||||
3 | (12) Observe any curfew ordered by the court;
| ||||||
4 | (13) Remain in the custody of such designated person or | ||||||
5 | organization
agreeing to supervise his release. Such third | ||||||
6 | party custodian shall be
responsible for notifying the | ||||||
7 | court if the defendant fails to observe the
conditions of | ||||||
8 | release which the custodian has agreed to monitor, and | ||||||
9 | shall
be subject to contempt of court for failure so to | ||||||
10 | notify the court;
| ||||||
11 | (14) Be placed under direct supervision of the Pretrial | ||||||
12 | Services
Agency, Probation Department or Court Services | ||||||
13 | Department in a pretrial
bond home supervision capacity | ||||||
14 | with or without the use of an approved
electronic | ||||||
15 | monitoring device subject to Article 8A of Chapter V of the
| ||||||
16 | Unified Code of Corrections;
| ||||||
17 | (14.1) The court may shall impose upon a defendant who | ||||||
18 | is charged with any
alcohol, cannabis, methamphetamine, or | ||||||
19 | controlled substance violation and is placed under
direct | ||||||
20 | supervision of the Pretrial Services Agency, Probation | ||||||
21 | Department or
Court Services Department in a pretrial bond | ||||||
22 | home supervision capacity with
the use of an approved | ||||||
23 | monitoring device, as a condition of such pretrial | ||||||
24 | monitoring bail bond ,
a fee that represents costs | ||||||
25 | incidental to the electronic monitoring for each
day of | ||||||
26 | such pretrial bail supervision ordered by the
court, unless |
| |||||||
| |||||||
1 | after determining the inability of the defendant to pay the
| ||||||
2 | fee, the court assesses a lesser fee or no fee as the case | ||||||
3 | may be. The fee
shall be collected by the clerk of the | ||||||
4 | circuit court, except as provided in an administrative | ||||||
5 | order of the Chief Judge of the circuit court. The clerk of | ||||||
6 | the
circuit court shall pay all monies collected from this | ||||||
7 | fee to the county
treasurer for deposit in the substance | ||||||
8 | abuse services fund under Section
5-1086.1 of the Counties | ||||||
9 | Code, except as provided in an administrative order of the | ||||||
10 | Chief Judge of the circuit court. | ||||||
11 | The Chief Judge of the circuit court of the county may | ||||||
12 | by administrative order establish a program for electronic | ||||||
13 | monitoring of offenders with regard to drug-related and | ||||||
14 | alcohol-related offenses, in which a vendor supplies and | ||||||
15 | monitors the operation of the electronic monitoring | ||||||
16 | device, and collects the fees on behalf of the county. The | ||||||
17 | program shall include provisions for indigent offenders | ||||||
18 | and the collection of unpaid fees. The program shall not | ||||||
19 | unduly burden the offender and shall be subject to review | ||||||
20 | by the Chief Judge. | ||||||
21 | The Chief Judge of the circuit court may suspend any | ||||||
22 | additional charges or fees for late payment, interest, or | ||||||
23 | damage to any device;
| ||||||
24 | (14.2) The court may shall impose upon all defendants, | ||||||
25 | including those
defendants subject to paragraph (14.1) | ||||||
26 | above, placed under direct supervision
of the Pretrial |
| |||||||
| |||||||
1 | Services Agency, Probation Department or Court Services
| ||||||
2 | Department in a pretrial bond home supervision capacity | ||||||
3 | with the use of an
approved monitoring device, as a | ||||||
4 | condition of such release bail bond , a fee
which shall | ||||||
5 | represent costs incidental to such
electronic monitoring | ||||||
6 | for each day of such bail supervision ordered by the
court, | ||||||
7 | unless after determining the inability of the defendant to | ||||||
8 | pay the fee,
the court assesses a lesser fee or no fee as | ||||||
9 | the case may be. The fee shall be
collected by the clerk of | ||||||
10 | the circuit court, except as provided in an administrative | ||||||
11 | order of the Chief Judge of the circuit court. The clerk of | ||||||
12 | the circuit court
shall pay all monies collected from this | ||||||
13 | fee to the county treasurer who shall
use the monies | ||||||
14 | collected to defray the costs of corrections. The county
| ||||||
15 | treasurer shall deposit the fee collected in the county | ||||||
16 | working cash fund under
Section 6-27001 or Section 6-29002 | ||||||
17 | of the Counties Code, as the case may
be, except as | ||||||
18 | provided in an administrative order of the Chief Judge of | ||||||
19 | the circuit court. | ||||||
20 | The Chief Judge of the circuit court of the county may | ||||||
21 | by administrative order establish a program for electronic | ||||||
22 | monitoring of offenders with regard to drug-related and | ||||||
23 | alcohol-related offenses, in which a vendor supplies and | ||||||
24 | monitors the operation of the electronic monitoring | ||||||
25 | device, and collects the fees on behalf of the county. The | ||||||
26 | program shall include provisions for indigent offenders |
| |||||||
| |||||||
1 | and the collection of unpaid fees. The program shall not | ||||||
2 | unduly burden the offender and shall be subject to review | ||||||
3 | by the Chief Judge. | ||||||
4 | The Chief Judge of the circuit court may suspend any | ||||||
5 | additional charges or fees for late payment, interest, or | ||||||
6 | damage to any device;
| ||||||
7 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
8 | establish reasonable
fees to be paid by a person receiving | ||||||
9 | pretrial services while under supervision
of a pretrial | ||||||
10 | services agency, probation department, or court services
| ||||||
11 | department. Reasonable fees may be charged for pretrial | ||||||
12 | services
including, but not limited to, pretrial | ||||||
13 | supervision, diversion programs,
electronic monitoring, | ||||||
14 | victim impact services, drug and alcohol testing, DNA | ||||||
15 | testing, GPS electronic monitoring, assessments and | ||||||
16 | evaluations related to domestic violence and other | ||||||
17 | victims, and
victim mediation services. The person | ||||||
18 | receiving pretrial services may be
ordered to pay all costs | ||||||
19 | incidental to pretrial services in accordance with his
or | ||||||
20 | her ability to pay those costs;
| ||||||
21 | (14.4) For persons charged with violating Section | ||||||
22 | 11-501 of the Illinois
Vehicle Code, refrain from operating | ||||||
23 | a motor vehicle not equipped with an
ignition interlock | ||||||
24 | device, as defined in Section 1-129.1 of the Illinois
| ||||||
25 | Vehicle Code,
pursuant to the rules promulgated by the | ||||||
26 | Secretary of State for the
installation of ignition
|
| |||||||
| |||||||
1 | interlock devices. Under this condition the court may allow | ||||||
2 | a defendant who is
not
self-employed to operate a vehicle | ||||||
3 | owned by the defendant's employer that is
not equipped with | ||||||
4 | an ignition interlock device in the course and scope of the
| ||||||
5 | defendant's employment;
| ||||||
6 | (15) Comply with the terms and conditions of an order | ||||||
7 | of protection
issued by the court under the Illinois | ||||||
8 | Domestic Violence Act of 1986 or an
order of protection | ||||||
9 | issued by the court of another state, tribe, or United
| ||||||
10 | States territory;
| ||||||
11 | (16) Under Section 110-6.5 comply with the conditions | ||||||
12 | of the drug testing
program; and
| ||||||
13 | (17) Such other reasonable conditions as the court may | ||||||
14 | impose.
| ||||||
15 | (c) When a person is charged with an offense under Section | ||||||
16 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
17 | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012, involving a victim who is a
minor under | ||||||
19 | 18 years of age living in the same household with the defendant
| ||||||
20 | at the time of the offense, in granting bail or releasing the | ||||||
21 | defendant on
his own recognizance , the judge shall impose | ||||||
22 | conditions to restrict the
defendant's access to the victim | ||||||
23 | which may include, but are not limited to
conditions that he | ||||||
24 | will:
| ||||||
25 | 1. Vacate the household.
| ||||||
26 | 2. Make payment of temporary support to his dependents.
|
| |||||||
| |||||||
1 | 3. Refrain from contact or communication with the child | ||||||
2 | victim, except
as ordered by the court.
| ||||||
3 | (d) When a person is charged with a criminal offense and | ||||||
4 | the victim is
a family or household member as defined in | ||||||
5 | Article 112A, conditions shall
be imposed at the time of the | ||||||
6 | defendant's release on bond that restrict the
defendant's | ||||||
7 | access to the victim.
Unless provided otherwise by the court, | ||||||
8 | the
restrictions shall include
requirements that the defendant | ||||||
9 | do the following:
| ||||||
10 | (1) refrain from contact or communication with the | ||||||
11 | victim for a
minimum period of 72 hours following the | ||||||
12 | defendant's release; and
| ||||||
13 | (2) refrain from entering or remaining at the victim's | ||||||
14 | residence for a
minimum period of 72 hours following the | ||||||
15 | defendant's release.
| ||||||
16 | (e) Local law enforcement agencies shall develop | ||||||
17 | standardized pretrial release bond forms
for use in cases | ||||||
18 | involving family or household members as defined in
Article | ||||||
19 | 112A, including specific conditions of pretrial release bond as | ||||||
20 | provided in
subsection (d). Failure of any law enforcement | ||||||
21 | department to develop or use
those forms shall in no way limit | ||||||
22 | the applicability and enforcement of
subsections (d) and (f).
| ||||||
23 | (f) If the defendant is released admitted to bail after | ||||||
24 | conviction following appeal or other post-conviction | ||||||
25 | proceeding, the
conditions of the pretrial release bail bond | ||||||
26 | shall be that he will, in addition to the
conditions set forth |
| |||||||
| |||||||
1 | in subsections (a) and (b) hereof:
| ||||||
2 | (1) Duly prosecute his appeal;
| ||||||
3 | (2) Appear at such time and place as the court may | ||||||
4 | direct;
| ||||||
5 | (3) Not depart this State without leave of the court;
| ||||||
6 | (4) Comply with such other reasonable conditions as the | ||||||
7 | court may
impose; and
| ||||||
8 | (5) If the judgment is affirmed or the cause reversed | ||||||
9 | and remanded
for a new trial, forthwith surrender to the | ||||||
10 | officer from whose custody
he was released bailed .
| ||||||
11 | (g) Upon a finding of guilty for any felony offense, the | ||||||
12 | defendant shall
physically surrender, at a time and place | ||||||
13 | designated by the court,
any and all firearms in his or her | ||||||
14 | possession and his or her Firearm Owner's
Identification Card | ||||||
15 | as a condition of being released remaining on bond pending | ||||||
16 | sentencing.
| ||||||
17 | (h) In the event the defendant is denied pretrial release | ||||||
18 | unable to post bond , the court may impose a no contact | ||||||
19 | provision with the victim or other interested party that shall | ||||||
20 | be enforced while the defendant remains in custody. | ||||||
21 | (Source: P.A. 101-138, eff. 1-1-20 .)
| ||||||
22 | (725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
| ||||||
23 | Sec. 110-11. Pretrial release Bail on a new trial. If the | ||||||
24 | judgment of conviction is reversed and the cause remanded for a
| ||||||
25 | new trial the trial court may order that the conditions of |
| |||||||
| |||||||
1 | pretrial release bail stand pending such trial,
or modify the | ||||||
2 | conditions of pretrial release reduce or increase bail .
| ||||||
3 | (Source: Laws 1963, p. 2836 .)
| ||||||
4 | (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
| ||||||
5 | Sec. 110-12. Notice of change of address.
| ||||||
6 | A defendant who has been admitted to pretrial release bail | ||||||
7 | shall file a written notice with the
clerk of the court before | ||||||
8 | which the proceeding is pending of any change in
his or her | ||||||
9 | address within 24 hours after such change, except that a
| ||||||
10 | defendant who
has been admitted to pretrial release bail for a | ||||||
11 | forcible felony as defined in Section 2-8 of
the Criminal Code | ||||||
12 | of 2012 shall
file a written notice with the clerk of the court | ||||||
13 | before which the proceeding
is pending and the clerk shall | ||||||
14 | immediately deliver a time stamped copy of the
written notice | ||||||
15 | to the State's Attorney charged with the prosecution within 24
| ||||||
16 | hours prior to such change. The address of a defendant who has | ||||||
17 | been admitted
to pretrial release bail shall at all times | ||||||
18 | remain a matter of public record with the clerk of
the court.
| ||||||
19 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
20 | (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
| ||||||
21 | Sec. 110-14. Credit for incarceration on bailable offense | ||||||
22 | eligible for pretrial release ; credit against monetary bail for | ||||||
23 | certain offenses. | ||||||
24 | (a) Any person incarcerated on an a bailable offense |
| |||||||
| |||||||
1 | eligible for pretrial release who does not comply with the | ||||||
2 | conditions of pretrial release supply
bail and against whom a | ||||||
3 | fine is levied on conviction of the offense
shall be allowed a | ||||||
4 | credit of $30 for each day so incarcerated upon application
of | ||||||
5 | the defendant. However,
in no case shall the amount so allowed | ||||||
6 | or
credited exceed the amount of the fine. | ||||||
7 | (b) Subsection (a) does not apply to a person incarcerated | ||||||
8 | for sexual assault as defined in paragraph (1) of subsection | ||||||
9 | (a) of Section 5-9-1.7 of the Unified Code of Corrections.
| ||||||
10 | (c) (Blank) A person subject to bail on a Category B | ||||||
11 | offense shall have $30 deducted from his or her 10% cash bond | ||||||
12 | amount every day the person is incarcerated. The sheriff shall | ||||||
13 | calculate and apply this $30 per day reduction and send notice | ||||||
14 | to the circuit clerk if a defendant's 10% cash bond amount is | ||||||
15 | reduced to $0, at which point the defendant shall be released | ||||||
16 | upon his or her own recognizance .
| ||||||
17 | (d) The court may deny the incarceration credit in | ||||||
18 | subsection (c) of this Section if the person has failed to | ||||||
19 | appear as required before the court and is incarcerated based | ||||||
20 | on a warrant for failure to appear on the same original | ||||||
21 | criminal offense. | ||||||
22 | (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19; | ||||||
23 | 101-408, eff. 1-1-20 .)
| ||||||
24 | (725 ILCS 5/110-16) (from Ch. 38, par. 110-16)
| ||||||
25 | Sec. 110-16.
Revocation of pretrial release Bail |
| |||||||
| |||||||
1 | bond-forfeiture in same case or absents self during trial-not | ||||||
2 | eligible for pretrial release
bailable .
| ||||||
3 | If a person admitted to pretrial release bail on a felony | ||||||
4 | charge violates the conditions of his or her pretrial release | ||||||
5 | forfeits his bond and
fails to appear in court during the 30 | ||||||
6 | days immediately after such
violation forfeiture , on being | ||||||
7 | taken into custody thereafter he or she is not eligible for | ||||||
8 | pretrial release shall not be bailable
in the case in question, | ||||||
9 | unless the court finds that his absence was not
for the purpose | ||||||
10 | of obstructing justice or avoiding prosecution.
| ||||||
11 | (Source: P.A. 77-1447.)
| ||||||
12 | (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
| ||||||
13 | Sec. 110-17. Unclaimed bail deposits. Any sum
of money | ||||||
14 | deposited before the effective date of this amendatory Act of | ||||||
15 | the 101st General Assembly by any person to secure his or her | ||||||
16 | release from custody which
remains unclaimed by the person | ||||||
17 | entitled to its return for 3
years after the conditions of | ||||||
18 | pretrial release the bail bond have been performed
and the | ||||||
19 | accused has been discharged from all obligations in the
cause | ||||||
20 | shall be presumed to be abandoned and subject to disposition | ||||||
21 | under the Revised Uniform Unclaimed Property Act.
| ||||||
22 | (Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19; | ||||||
23 | 101-81, eff. 7-12-19.)
| ||||||
24 | (725 ILCS 5/110-18) (from Ch. 38, par. 110-18)
|
| |||||||
| |||||||
1 | Sec. 110-18. Reimbursement. The sheriff of each county | ||||||
2 | shall certify
to the treasurer of each county the number of | ||||||
3 | days that persons had been
detained in the custody of the | ||||||
4 | sheriff without pretrial release a bond being set as a result
| ||||||
5 | of an order entered pursuant to Section 110-6.1 of this Code. | ||||||
6 | The county treasurer shall,
no later than January 1, annually | ||||||
7 | certify to the Supreme Court the number
of days that persons | ||||||
8 | had been detained without pretrial release bond during the | ||||||
9 | twelve-month
period ending November 30. The Supreme Court shall | ||||||
10 | reimburse, from funds
appropriated to it by the General | ||||||
11 | Assembly for such purposes, the treasurer
of each county an | ||||||
12 | amount of money for deposit in the county general revenue
fund | ||||||
13 | at a rate of $50 per day for each day that persons were | ||||||
14 | detained in
custody without pretrial release bail as a result | ||||||
15 | of an order entered pursuant to Section
110-6.1 of this Code.
| ||||||
16 | (Source: P.A. 85-892.)
| ||||||
17 | (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
| ||||||
18 | Sec. 111-2. Commencement of prosecutions.
| ||||||
19 | (a) All prosecutions of
felonies shall be by information or | ||||||
20 | by indictment. No prosecution may be
pursued by information | ||||||
21 | unless a preliminary hearing has been held or
waived in | ||||||
22 | accordance with Section 109-3 and at that hearing probable
| ||||||
23 | cause to believe the defendant committed an offense was found, | ||||||
24 | and the
provisions of Section 109-3.1 of this Code have been | ||||||
25 | complied with.
|
| |||||||
| |||||||
1 | (b) All other prosecutions may be by indictment, | ||||||
2 | information or
complaint.
| ||||||
3 | (c) Upon the filing of an information or indictment in open
| ||||||
4 | court charging the defendant with the commission of a sex | ||||||
5 | offense
defined in any Section of Article 11 of the Criminal | ||||||
6 | Code of 1961 or the Criminal Code of 2012,
and a minor as | ||||||
7 | defined in Section 1-3 of the Juvenile
Court Act of 1987 is | ||||||
8 | alleged to be the victim of the
commission of the acts of the | ||||||
9 | defendant in the commission of
such offense, the court may | ||||||
10 | appoint a guardian ad litem for the
minor as provided in | ||||||
11 | Section 2-17, 3-19, 4-16 or 5-610 of the
Juvenile Court Act of | ||||||
12 | 1987.
| ||||||
13 | (d) Upon the filing of an information or indictment in open | ||||||
14 | court,
the court shall immediately issue a warrant for the | ||||||
15 | arrest of each
person charged with an offense directed to a | ||||||
16 | peace officer or some other
person specifically named | ||||||
17 | commanding him to arrest such person.
| ||||||
18 | (e) When the offense is eligible for pretrial release | ||||||
19 | bailable , the judge shall endorse on the
warrant the conditions | ||||||
20 | of pretrial release amount of bail required by the order of the | ||||||
21 | court, and if
the court orders the process returnable | ||||||
22 | forthwith, the warrant shall
require that the accused be | ||||||
23 | arrested and brought immediately into court.
| ||||||
24 | (f) Where the prosecution of a felony is by information or | ||||||
25 | complaint
after preliminary hearing, or after a waiver of | ||||||
26 | preliminary hearing in
accordance with paragraph (a) of this |
| |||||||
| |||||||
1 | Section, such prosecution may be
for all offenses, arising from | ||||||
2 | the same transaction or conduct of a
defendant even though the | ||||||
3 | complaint or complaints filed at the
preliminary hearing | ||||||
4 | charged only one or some of the offenses arising
from that | ||||||
5 | transaction or conduct.
| ||||||
6 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
7 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
8 | Sec. 112A-23. Enforcement of protective orders.
| ||||||
9 | (a) When violation is crime. A violation of any protective | ||||||
10 | order,
whether issued in a civil, quasi-criminal proceeding, | ||||||
11 | shall be
enforced by a
criminal court when:
| ||||||
12 | (1) The respondent commits the crime of violation of a | ||||||
13 | domestic violence order of
protection pursuant to Section | ||||||
14 | 12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||||||
15 | Criminal Code of 2012, by
having knowingly violated:
| ||||||
16 | (i) remedies described in paragraphs (1), (2), | ||||||
17 | (3), (14),
or
(14.5)
of subsection (b) of Section | ||||||
18 | 112A-14 of this Code,
| ||||||
19 | (ii) a remedy, which is substantially similar to | ||||||
20 | the remedies
authorized
under paragraphs (1), (2), | ||||||
21 | (3), (14), or (14.5) of subsection (b) of Section 214
| ||||||
22 | of the Illinois Domestic Violence Act of 1986, in a | ||||||
23 | valid order of protection,
which is authorized under | ||||||
24 | the laws of another state, tribe or United States
| ||||||
25 | territory, or
|
| |||||||
| |||||||
1 | (iii) or any other remedy when the act
constitutes | ||||||
2 | a crime against the protected parties as defined by the | ||||||
3 | Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
4 | Prosecution for a violation of a domestic violence | ||||||
5 | order of protection shall
not bar concurrent prosecution | ||||||
6 | for any other crime, including any crime
that may have been | ||||||
7 | committed at the time of the violation of the domestic | ||||||
8 | violence order
of protection; or
| ||||||
9 | (2) The respondent commits the crime of child abduction | ||||||
10 | pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||||||
11 | the Criminal Code of 2012, by having knowingly violated:
| ||||||
12 | (i) remedies described in paragraphs (5), (6), or | ||||||
13 | (8) of subsection
(b)
of
Section 112A-14 of this Code, | ||||||
14 | or
| ||||||
15 | (ii) a remedy, which is substantially similar to | ||||||
16 | the remedies
authorized
under paragraphs (1),
(5), | ||||||
17 | (6), or (8) of subsection (b) of Section 214
of the | ||||||
18 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
19 | domestic violence order of protection,
which is | ||||||
20 | authorized under the laws of another state, tribe or | ||||||
21 | United States
territory.
| ||||||
22 | (3) The respondent commits the crime of violation of a | ||||||
23 | civil no contact order when the respondent violates Section | ||||||
24 | 12-3.8 of the Criminal Code of 2012.
Prosecution for a | ||||||
25 | violation of a civil no contact order shall not bar | ||||||
26 | concurrent prosecution for any other crime, including any |
| |||||||
| |||||||
1 | crime that may have been committed at the time of the | ||||||
2 | violation of the civil no contact order. | ||||||
3 | (4) The respondent commits the crime of violation of a | ||||||
4 | stalking no contact order when the respondent violates | ||||||
5 | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||||||
6 | for a violation of a stalking no contact order shall not | ||||||
7 | bar concurrent prosecution for any other crime, including | ||||||
8 | any crime that may have been committed at the time of the | ||||||
9 | violation of the stalking no contact order. | ||||||
10 | (b) When violation is contempt of court. A violation of any | ||||||
11 | valid protective order, whether issued in a civil or criminal
| ||||||
12 | proceeding, may be enforced through civil or criminal contempt | ||||||
13 | procedures,
as appropriate, by any court with jurisdiction, | ||||||
14 | regardless where the act or
acts which violated the protective | ||||||
15 | order were committed, to the extent
consistent with the venue | ||||||
16 | provisions of this Article. Nothing in this
Article shall | ||||||
17 | preclude any Illinois court from enforcing any valid protective | ||||||
18 | order issued in another state. Illinois courts may enforce | ||||||
19 | protective orders through both criminal prosecution and | ||||||
20 | contempt proceedings,
unless the action which is second in time | ||||||
21 | is barred by collateral estoppel
or the constitutional | ||||||
22 | prohibition against double jeopardy.
| ||||||
23 | (1) In a contempt proceeding where the petition for a | ||||||
24 | rule to show
cause sets forth facts evidencing an immediate | ||||||
25 | danger that the
respondent will flee the jurisdiction, | ||||||
26 | conceal a child, or inflict physical
abuse on the |
| |||||||
| |||||||
1 | petitioner or minor children or on dependent adults in
| ||||||
2 | petitioner's care, the court may order the
attachment of | ||||||
3 | the respondent without prior service of the rule to show
| ||||||
4 | cause or the petition for a rule to show cause. Bond shall | ||||||
5 | be set unless
specifically denied in writing.
| ||||||
6 | (2) A petition for a rule to show cause for violation | ||||||
7 | of a protective order shall be treated as an expedited | ||||||
8 | proceeding.
| ||||||
9 | (c) Violation of custody, allocation of parental | ||||||
10 | responsibility, or support orders. A violation of remedies
| ||||||
11 | described in paragraphs (5), (6), (8), or (9) of subsection (b) | ||||||
12 | of Section
112A-14 of this Code may be enforced by any remedy | ||||||
13 | provided by Section 607.5 of
the Illinois Marriage and | ||||||
14 | Dissolution of Marriage Act. The court may
enforce any order | ||||||
15 | for support issued under paragraph (12) of subsection (b)
of | ||||||
16 | Section 112A-14 of this Code in the manner provided for under | ||||||
17 | Parts
V and VII of the
Illinois Marriage and Dissolution of | ||||||
18 | Marriage Act.
| ||||||
19 | (d) Actual knowledge. A protective order may be
enforced | ||||||
20 | pursuant to this Section if the respondent violates the order
| ||||||
21 | after respondent has actual knowledge of its contents
as shown | ||||||
22 | through one of the following means:
| ||||||
23 | (1) (Blank).
| ||||||
24 | (2) (Blank).
| ||||||
25 | (3) By service of a protective order under subsection | ||||||
26 | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
|
| |||||||
| |||||||
1 | (4) By other means demonstrating actual knowledge of | ||||||
2 | the contents of the order.
| ||||||
3 | (e) The enforcement of a protective order in civil or | ||||||
4 | criminal court
shall not be affected by either of the | ||||||
5 | following:
| ||||||
6 | (1) The existence of a separate, correlative order | ||||||
7 | entered under Section
112A-15 of this Code.
| ||||||
8 | (2) Any finding or order entered in a conjoined | ||||||
9 | criminal proceeding.
| ||||||
10 | (f) Circumstances. The court, when determining whether or | ||||||
11 | not a
violation of a protective order has occurred, shall not | ||||||
12 | require
physical manifestations of abuse on the person of the | ||||||
13 | victim.
| ||||||
14 | (g) Penalties.
| ||||||
15 | (1) Except as provided in paragraph (3) of this
| ||||||
16 | subsection (g), where the court finds the commission of a | ||||||
17 | crime or contempt of
court under subsections (a) or (b) of | ||||||
18 | this Section, the penalty shall be
the penalty that | ||||||
19 | generally applies in such criminal or contempt
| ||||||
20 | proceedings, and may include one or more of the following: | ||||||
21 | incarceration,
payment of restitution, a fine, payment of | ||||||
22 | attorneys' fees and costs, or
community service.
| ||||||
23 | (2) The court shall hear and take into account evidence | ||||||
24 | of any factors
in aggravation or mitigation before deciding | ||||||
25 | an appropriate penalty under
paragraph (1) of this | ||||||
26 | subsection (g).
|
| |||||||
| |||||||
1 | (3) To the extent permitted by law, the court is | ||||||
2 | encouraged to:
| ||||||
3 | (i) increase the penalty for the knowing violation | ||||||
4 | of
any protective order over any penalty previously | ||||||
5 | imposed by any court
for respondent's violation of any | ||||||
6 | protective order or penal statute
involving petitioner | ||||||
7 | as victim and respondent as defendant;
| ||||||
8 | (ii) impose a minimum penalty of 24 hours | ||||||
9 | imprisonment for respondent's
first violation of any | ||||||
10 | protective order; and
| ||||||
11 | (iii) impose a minimum penalty of 48 hours | ||||||
12 | imprisonment for
respondent's second or subsequent | ||||||
13 | violation of a protective order | ||||||
14 | unless the court explicitly finds that an increased penalty | ||||||
15 | or that
period of imprisonment would be manifestly unjust.
| ||||||
16 | (4) In addition to any other penalties imposed for a | ||||||
17 | violation of a protective order, a criminal court may | ||||||
18 | consider evidence of any
violations of a protective order:
| ||||||
19 | (i) to increase, revoke, or modify the conditions | ||||||
20 | of pretrial release bail bond on an underlying
criminal | ||||||
21 | charge pursuant to Section 110-6 of this Code;
| ||||||
22 | (ii) to revoke or modify an order of probation, | ||||||
23 | conditional discharge, or
supervision, pursuant to | ||||||
24 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
25 | (iii) to revoke or modify a sentence of periodic | ||||||
26 | imprisonment, pursuant
to Section 5-7-2 of the Unified |
| |||||||
| |||||||
1 | Code of Corrections.
| ||||||
2 | (Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18; | ||||||
3 | 100-597, eff. 6-29-18; revised 7-12-19.)
| ||||||
4 | (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
| ||||||
5 | Sec. 114-1. Motion to dismiss charge.
| ||||||
6 | (a) Upon the written motion of the defendant made prior to | ||||||
7 | trial before
or after a plea has been entered the court may | ||||||
8 | dismiss the indictment,
information or complaint upon any of | ||||||
9 | the following grounds:
| ||||||
10 | (1) The defendant has not been placed on trial in | ||||||
11 | compliance
with Section 103-5 of this Code.
| ||||||
12 | (2) The prosecution of the offense is barred by | ||||||
13 | Sections 3-3 through
3-8 of the Criminal Code of 2012.
| ||||||
14 | (3) The defendant has received immunity from | ||||||
15 | prosecution for the offense
charged.
| ||||||
16 | (4) The indictment was returned by a Grand Jury which | ||||||
17 | was improperly
selected and which results in substantial | ||||||
18 | injustice to the defendant.
| ||||||
19 | (5) The indictment was returned by a Grand Jury which | ||||||
20 | acted contrary to
Article 112 of this Code and which | ||||||
21 | results in substantial injustice to the
defendant.
| ||||||
22 | (6) The court in which the charge has been filed does | ||||||
23 | not have
jurisdiction.
| ||||||
24 | (7) The county is an improper place of trial.
| ||||||
25 | (8) The charge does not state an offense.
|
| |||||||
| |||||||
1 | (9) The indictment is based solely upon the testimony | ||||||
2 | of an incompetent
witness.
| ||||||
3 | (10) The defendant is misnamed in the charge and the | ||||||
4 | misnomer results in
substantial injustice to the | ||||||
5 | defendant.
| ||||||
6 | (11) The requirements of Section 109-3.1 have not been | ||||||
7 | complied with.
| ||||||
8 | (b) The court shall require any motion to dismiss to be | ||||||
9 | filed within a
reasonable time after the defendant has been | ||||||
10 | arraigned. Any motion not
filed within such time or an | ||||||
11 | extension thereof shall not be considered by
the court and the | ||||||
12 | grounds therefor, except as to subsections (a)(6) and
(a)(8) of | ||||||
13 | this Section, are waived.
| ||||||
14 | (c) If the motion presents only an issue of law the court | ||||||
15 | shall
determine it without the necessity of further pleadings. | ||||||
16 | If the motion
alleges facts not of record in the case the State | ||||||
17 | shall file an answer
admitting or denying each of the factual | ||||||
18 | allegations of the motion.
| ||||||
19 | (d) When an issue of fact is presented by a motion to | ||||||
20 | dismiss and the
answer of the State the court shall conduct a | ||||||
21 | hearing and determine the
issues.
| ||||||
22 | (d-5) When a defendant seeks dismissal of the charge upon | ||||||
23 | the ground set
forth in subsection (a)(7) of this Section, the | ||||||
24 | defendant shall make a prima
facie showing that the county is | ||||||
25 | an improper place of trial. Upon such
showing, the State shall | ||||||
26 | have the burden of proving, by a preponderance of
the evidence, |
| |||||||
| |||||||
1 | that the county is the proper place of trial.
| ||||||
2 | (d-6) When a defendant seeks dismissal of the charge upon | ||||||
3 | the grounds set forth in subsection (a)(2) of this Section, the | ||||||
4 | prosecution shall have the burden of proving, by a | ||||||
5 | preponderance of the evidence, that the
prosecution of the | ||||||
6 | offense is not barred by Sections 3-3 through 3-8 of the | ||||||
7 | Criminal Code of 2012. | ||||||
8 | (e) Dismissal of the charge upon the grounds set forth in | ||||||
9 | subsections
(a)(4) through (a)(11) of this Section shall not | ||||||
10 | prevent the return of a
new indictment or the filing of a new | ||||||
11 | charge, and upon such dismissal
the court may order that the | ||||||
12 | defendant be held in custody or, if the
defendant had been | ||||||
13 | previously released on pretrial release bail , that the pretrial | ||||||
14 | release bail be continued for a specified time pending the | ||||||
15 | return of a new
indictment or the filing of a new charge.
| ||||||
16 | (f) If the court determines that the motion to dismiss | ||||||
17 | based upon the
grounds set forth in subsections (a)(6) and | ||||||
18 | (a)(7) is well founded it
may, instead of dismissal, order the | ||||||
19 | cause transferred to a court of
competent jurisdiction or to a | ||||||
20 | proper place of trial.
| ||||||
21 | (Source: P.A. 100-434, eff. 1-1-18 .)
| ||||||
22 | (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
| ||||||
23 | Sec. 115-4.1. Absence of defendant.
| ||||||
24 | (a) When a defendant after arrest
and an initial court | ||||||
25 | appearance for a non-capital felony or a misdemeanor,
fails to |
| |||||||
| |||||||
1 | appear for trial, at the request of the State and after the | ||||||
2 | State
has affirmatively proven through substantial evidence | ||||||
3 | that the defendant
is willfully avoiding trial, the court may | ||||||
4 | commence trial in the absence
of the defendant. Absence of a | ||||||
5 | defendant as specified in this Section
shall not be a bar to | ||||||
6 | indictment of a defendant, return of information
against a | ||||||
7 | defendant, or arraignment of a defendant for the charge for | ||||||
8 | which
pretrial release bail has been granted. If a defendant | ||||||
9 | fails
to appear at arraignment, the court may enter a plea of | ||||||
10 | "not guilty" on his
behalf. If a defendant absents himself | ||||||
11 | before trial on a capital felony,
trial may proceed as | ||||||
12 | specified in this Section provided that the State
certifies | ||||||
13 | that it will not seek a death sentence following conviction.
| ||||||
14 | Trial in the defendant's absence shall be by jury unless
the | ||||||
15 | defendant had previously waived trial by jury. The absent | ||||||
16 | defendant
must be represented by retained or appointed counsel.
| ||||||
17 | The court, at the conclusion of all of the proceedings, may | ||||||
18 | order the clerk
of the circuit court to pay counsel such sum as | ||||||
19 | the court deems reasonable,
from any bond monies which were | ||||||
20 | posted by the defendant with the clerk,
after the clerk has | ||||||
21 | first deducted all court costs. If trial had previously
| ||||||
22 | commenced in the presence of the defendant and the defendant | ||||||
23 | willfully absents
himself for two successive court days, the | ||||||
24 | court shall proceed to trial. All
procedural rights guaranteed | ||||||
25 | by the United States Constitution, Constitution
of the State of | ||||||
26 | Illinois, statutes of the State of Illinois, and rules of court
|
| |||||||
| |||||||
1 | shall apply to the proceedings the same as if the defendant | ||||||
2 | were present
in court and had not either had his or her | ||||||
3 | pretrial release revoked forfeited his bail bond or escaped
| ||||||
4 | from custody. The court may set the case for a trial which may | ||||||
5 | be conducted
under this Section despite the failure of the | ||||||
6 | defendant to appear at the
hearing at which the trial date is | ||||||
7 | set. When such trial date is set the
clerk shall send to the | ||||||
8 | defendant, by certified mail at his last known address
| ||||||
9 | indicated on his bond slip, notice of the new date which has | ||||||
10 | been set for
trial. Such notification shall be required when | ||||||
11 | the defendant was not
personally present in open court at the | ||||||
12 | time when the case was set for trial.
| ||||||
13 | (b) The absence of a defendant from a trial conducted | ||||||
14 | pursuant to this
Section does not operate as a bar to | ||||||
15 | concluding the trial, to a judgment
of conviction resulting | ||||||
16 | therefrom, or to a final disposition of the trial
in favor of | ||||||
17 | the defendant.
| ||||||
18 | (c) Upon a verdict of not guilty, the court shall enter | ||||||
19 | judgment for the
defendant. Upon a verdict of guilty, the court | ||||||
20 | shall set a date for the
hearing of post-trial motions and | ||||||
21 | shall hear such motion in the absence
of the defendant. If | ||||||
22 | post-trial motions are denied, the court shall proceed
to | ||||||
23 | conduct a sentencing hearing and to impose a sentence upon the | ||||||
24 | defendant.
| ||||||
25 | (d) A defendant who is absent for part of the proceedings | ||||||
26 | of trial,
post-trial motions, or sentencing, does not thereby |
| |||||||
| |||||||
1 | forfeit his right to be
present at all remaining proceedings.
| ||||||
2 | (e) When a defendant who in his absence has been either | ||||||
3 | convicted or
sentenced or both convicted and sentenced appears | ||||||
4 | before the court, he must
be granted a new trial or new | ||||||
5 | sentencing hearing if the defendant can
establish that his | ||||||
6 | failure to appear in court was both without his fault
and due | ||||||
7 | to circumstances beyond his control. A hearing with notice to | ||||||
8 | the
State's Attorney on the defendant's request for a new trial | ||||||
9 | or a new
sentencing hearing must be held before any such | ||||||
10 | request may be granted. At
any such hearing both the defendant | ||||||
11 | and the State may present evidence.
| ||||||
12 | (f) If the court grants only the defendant's request for a | ||||||
13 | new sentencing
hearing, then a new sentencing hearing shall be | ||||||
14 | held in accordance with
the provisions of the Unified Code of | ||||||
15 | Corrections. At any such hearing,
both the defendant and the | ||||||
16 | State may offer evidence of the defendant's conduct
during his | ||||||
17 | period of absence from the court. The court may impose any | ||||||
18 | sentence
authorized by the Unified Code of Corrections and is | ||||||
19 | not in any way limited
or restricted by any sentence previously | ||||||
20 | imposed.
| ||||||
21 | (g) A defendant whose motion under paragraph (e) for a new | ||||||
22 | trial or new
sentencing hearing has been denied may file a | ||||||
23 | notice of appeal therefrom.
Such notice may also include a | ||||||
24 | request for review of the judgment and sentence
not vacated by | ||||||
25 | the trial court.
| ||||||
26 | (Source: P.A. 90-787, eff. 8-14-98.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
| ||||||
2 | Sec. 122-6. Disposition in trial court.
| ||||||
3 | The court may receive proof by affidavits, depositions, | ||||||
4 | oral testimony,
or other evidence. In its discretion the court | ||||||
5 | may order the petitioner
brought before the court for the | ||||||
6 | hearing. If the court finds in favor of
the petitioner, it | ||||||
7 | shall enter an appropriate order with respect to the
judgment | ||||||
8 | or sentence in the former proceedings and such supplementary
| ||||||
9 | orders as to rearraignment, retrial, custody, conditions of | ||||||
10 | pretrial release bail or discharge as may be
necessary and | ||||||
11 | proper.
| ||||||
12 | (Source: Laws 1963, p. 2836.)
| ||||||
13 | (725 ILCS 5/110-8 rep.) | ||||||
14 | (725 ILCS 5/110-9 rep.) | ||||||
15 | (725 ILCS 5/110-13 rep.) | ||||||
16 | (725 ILCS 5/110-15 rep.) | ||||||
17 | Section 91. The Code of Criminal Procedure of 1963 is | ||||||
18 | amended by repealing Sections 110-8, 110-9, 110-13, and 110-15.
| ||||||
19 | Section 95. The Rights of Crime Victims and Witnesses Act | ||||||
20 | is amended by changing Sections 4 and 4.5 as follows:
| ||||||
21 | (725 ILCS 120/4) (from Ch. 38, par. 1404)
| ||||||
22 | Sec. 4. Rights of crime victims.
|
| |||||||
| |||||||
1 | (a) Crime victims shall have the following rights:
| ||||||
2 | (1) The right to be treated with fairness and respect | ||||||
3 | for their dignity
and privacy and to be free from | ||||||
4 | harassment, intimidation, and abuse throughout the | ||||||
5 | criminal justice process.
| ||||||
6 | (1.5) The right to notice and to a hearing before a | ||||||
7 | court ruling on a request for access to any of the victim's | ||||||
8 | records, information, or communications which are | ||||||
9 | privileged or confidential by law. | ||||||
10 | (2) The right to timely notification of all court | ||||||
11 | proceedings.
| ||||||
12 | (3) The right to communicate with the prosecution.
| ||||||
13 | (4) The right to be heard at any post-arraignment court | ||||||
14 | proceeding in which a right of the victim is at issue and | ||||||
15 | any court proceeding involving a post-arraignment release | ||||||
16 | decision, plea, or sentencing.
| ||||||
17 | (5) The right to be notified of the conviction, the | ||||||
18 | sentence, the imprisonment
and the release of the accused.
| ||||||
19 | (6) The right to the timely disposition of the case | ||||||
20 | following the arrest
of the accused.
| ||||||
21 | (7) The right to be reasonably protected from the | ||||||
22 | accused through the
criminal justice process.
| ||||||
23 | (7.5) The right to have the safety of the victim and | ||||||
24 | the victim's family considered in denying or fixing the | ||||||
25 | amount of bail, determining whether to release the | ||||||
26 | defendant , and setting conditions of release after arrest |
| |||||||
| |||||||
1 | and conviction. | ||||||
2 | (8) The right to be present at the trial and all other | ||||||
3 | court proceedings
on the same basis as the accused, unless | ||||||
4 | the victim is to testify and the court
determines that the | ||||||
5 | victim's testimony would be materially affected if the
| ||||||
6 | victim hears other testimony at the trial.
| ||||||
7 | (9) The right to have present at all court proceedings, | ||||||
8 | including proceedings under the Juvenile Court Act of 1987, | ||||||
9 | subject to the
rules of evidence, an advocate and other | ||||||
10 | support person of the victim's choice.
| ||||||
11 | (10) The right to restitution.
| ||||||
12 | (b) Any law enforcement agency that investigates an offense | ||||||
13 | committed in this State shall provide a crime victim with a | ||||||
14 | written statement and explanation of the rights of crime | ||||||
15 | victims under this amendatory Act of the 99th General Assembly | ||||||
16 | within 48 hours of law enforcement's initial contact with a | ||||||
17 | victim. The statement shall include information about crime | ||||||
18 | victim compensation, including how to contact the Office of the | ||||||
19 | Illinois Attorney General to file a claim, and appropriate | ||||||
20 | referrals to local and State programs that provide victim | ||||||
21 | services. The content of the statement shall be provided to law | ||||||
22 | enforcement by the Attorney General. Law enforcement shall also | ||||||
23 | provide a crime victim with a sign-off sheet that the victim | ||||||
24 | shall sign and date as an acknowledgement that he or she has | ||||||
25 | been furnished with information and an explanation of the | ||||||
26 | rights of crime victims and compensation set forth in this Act. |
| |||||||
| |||||||
1 | (b-5) Upon the request of the victim, the law enforcement | ||||||
2 | agency having jurisdiction shall provide a free copy of the | ||||||
3 | police report concerning the victim's incident, as soon as | ||||||
4 | practicable, but in no event later than 5 business days from | ||||||
5 | the request. | ||||||
6 | (c) The Clerk of the Circuit Court shall post the rights of | ||||||
7 | crime victims set forth in Article I, Section 8.1(a) of the | ||||||
8 | Illinois Constitution and subsection (a) of this Section within | ||||||
9 | 3 feet of the door to any courtroom where criminal proceedings | ||||||
10 | are conducted. The clerk may also post the rights in other | ||||||
11 | locations in the courthouse. | ||||||
12 | (d) At any point, the victim has the right to retain a | ||||||
13 | victim's attorney who may be present during all stages of any | ||||||
14 | interview, investigation, or other interaction with | ||||||
15 | representatives of the criminal justice system. Treatment of | ||||||
16 | the victim should not be affected or altered in any way as a | ||||||
17 | result of the victim's decision to exercise this right.
| ||||||
18 | (Source: P.A. 99-413, eff. 8-20-15; 100-1087, eff. 1-1-19 .)
| ||||||
19 | (725 ILCS 120/4.5)
| ||||||
20 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
21 | victims. To afford
crime victims their rights, law enforcement, | ||||||
22 | prosecutors, judges, and
corrections will provide information, | ||||||
23 | as appropriate, of the following
procedures:
| ||||||
24 | (a) At the request of the crime victim, law enforcement | ||||||
25 | authorities
investigating the case shall provide notice of the |
| |||||||
| |||||||
1 | status of the investigation,
except where the State's Attorney | ||||||
2 | determines that disclosure of such
information would | ||||||
3 | unreasonably interfere with the investigation, until such
time | ||||||
4 | as the alleged assailant is apprehended or the investigation is | ||||||
5 | closed.
| ||||||
6 | (a-5) When law enforcement authorities reopen a closed case | ||||||
7 | to resume investigating, they shall provide notice of the | ||||||
8 | reopening of the case, except where the State's Attorney | ||||||
9 | determines that disclosure of such information would | ||||||
10 | unreasonably interfere with the investigation. | ||||||
11 | (b) The office of the State's Attorney:
| ||||||
12 | (1) shall provide notice of the filing of an | ||||||
13 | information, the return of an
indictment, or the
filing of | ||||||
14 | a petition to adjudicate a minor as a delinquent for a | ||||||
15 | violent
crime;
| ||||||
16 | (2) shall provide timely notice of the date, time, and | ||||||
17 | place of court proceedings; of any change in the date, | ||||||
18 | time, and place of court proceedings; and of any | ||||||
19 | cancellation of court proceedings. Notice shall be | ||||||
20 | provided in sufficient time, wherever possible, for the | ||||||
21 | victim to
make arrangements to attend or to prevent an | ||||||
22 | unnecessary appearance at court proceedings;
| ||||||
23 | (3) or victim advocate personnel shall provide | ||||||
24 | information of social
services and financial assistance | ||||||
25 | available for victims of crime, including
information of | ||||||
26 | how to apply for these services and assistance;
|
| |||||||
| |||||||
1 | (3.5) or victim advocate personnel shall provide | ||||||
2 | information about available victim services, including | ||||||
3 | referrals to programs, counselors, and agencies that | ||||||
4 | assist a victim to deal with trauma, loss, and grief; | ||||||
5 | (4) shall assist in having any stolen or other personal | ||||||
6 | property held by
law enforcement authorities for | ||||||
7 | evidentiary or other purposes returned as
expeditiously as | ||||||
8 | possible, pursuant to the procedures set out in Section | ||||||
9 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
10 | (5) or victim advocate personnel shall provide | ||||||
11 | appropriate employer
intercession services to ensure that | ||||||
12 | employers of victims will cooperate with
the criminal | ||||||
13 | justice system in order to minimize an employee's loss of | ||||||
14 | pay and
other benefits resulting from court appearances;
| ||||||
15 | (6) shall provide, whenever possible, a secure waiting
| ||||||
16 | area during court proceedings that does not require victims | ||||||
17 | to be in close
proximity to defendants or juveniles accused | ||||||
18 | of a violent crime, and their
families and friends;
| ||||||
19 | (7) shall provide notice to the crime victim of the | ||||||
20 | right to have a
translator present at all court proceedings | ||||||
21 | and, in compliance with the federal Americans
with | ||||||
22 | Disabilities Act of 1990, the right to communications | ||||||
23 | access through a
sign language interpreter or by other | ||||||
24 | means;
| ||||||
25 | (8) (blank);
| ||||||
26 | (8.5) shall inform the victim of the right to be |
| |||||||
| |||||||
1 | present at all court proceedings, unless the victim is to | ||||||
2 | testify and the court determines that the victim's | ||||||
3 | testimony would be materially affected if the victim hears | ||||||
4 | other testimony at trial; | ||||||
5 | (9) shall inform the victim of the right to have | ||||||
6 | present at all court
proceedings, subject to the rules of | ||||||
7 | evidence and confidentiality, an advocate and other | ||||||
8 | support
person of the victim's choice; | ||||||
9 | (9.3) shall inform the victim of the right to retain an | ||||||
10 | attorney, at the
victim's own expense, who, upon written | ||||||
11 | notice filed with the clerk of the
court and State's | ||||||
12 | Attorney, is to receive copies of all notices, motions, and
| ||||||
13 | court orders filed thereafter in the case, in the same | ||||||
14 | manner as if the victim
were a named party in the case;
| ||||||
15 | (9.5) shall inform the victim of (A) the victim's right | ||||||
16 | under Section 6 of this Act to make a statement at the | ||||||
17 | sentencing hearing; (B) the right of the victim's spouse, | ||||||
18 | guardian, parent, grandparent, and other immediate family | ||||||
19 | and household members under Section 6 of this Act to | ||||||
20 | present a statement at sentencing; and (C) if a presentence | ||||||
21 | report is to be prepared, the right of the victim's spouse, | ||||||
22 | guardian, parent, grandparent, and other immediate family | ||||||
23 | and household members to submit information to the preparer | ||||||
24 | of the presentence report about the effect the offense has | ||||||
25 | had on the victim and the person; | ||||||
26 | (10) at the sentencing shall make a good faith attempt |
| |||||||
| |||||||
1 | to explain
the minimum amount of time during which the | ||||||
2 | defendant may actually be
physically imprisoned. The | ||||||
3 | Office of the State's Attorney shall further notify
the | ||||||
4 | crime victim of the right to request from the Prisoner | ||||||
5 | Review Board
or Department of Juvenile Justice information | ||||||
6 | concerning the release of the defendant;
| ||||||
7 | (11) shall request restitution at sentencing and as | ||||||
8 | part of a plea agreement if the victim requests | ||||||
9 | restitution;
| ||||||
10 | (12) shall, upon the court entering a verdict of not | ||||||
11 | guilty by reason of insanity, inform the victim of the | ||||||
12 | notification services available from the Department of | ||||||
13 | Human Services, including the statewide telephone number, | ||||||
14 | under subparagraph (d)(2) of this Section;
| ||||||
15 | (13) shall provide notice within a reasonable time | ||||||
16 | after receipt of notice from
the custodian, of the release | ||||||
17 | of the defendant on pretrial release bail or personal | ||||||
18 | recognizance
or the release from detention of a minor who | ||||||
19 | has been detained;
| ||||||
20 | (14) shall explain in nontechnical language the | ||||||
21 | details of any plea or verdict of
a defendant, or any | ||||||
22 | adjudication of a juvenile as a delinquent;
| ||||||
23 | (15) shall make all reasonable efforts to consult with | ||||||
24 | the crime victim before the Office of
the State's Attorney | ||||||
25 | makes an offer of a plea bargain to the defendant or
enters | ||||||
26 | into negotiations with the defendant concerning a possible |
| |||||||
| |||||||
1 | plea
agreement, and shall consider the written statement, | ||||||
2 | if prepared
prior to entering into a plea agreement. The | ||||||
3 | right to consult with the prosecutor does not include the | ||||||
4 | right to veto a plea agreement or to insist the case go to | ||||||
5 | trial. If the State's Attorney has not consulted with the | ||||||
6 | victim prior to making an offer or entering into plea | ||||||
7 | negotiations with the defendant, the Office of the State's | ||||||
8 | Attorney shall notify the victim of the offer or the | ||||||
9 | negotiations within 2 business days and confer with the | ||||||
10 | victim;
| ||||||
11 | (16) shall provide notice of the ultimate disposition | ||||||
12 | of the cases arising from
an indictment or an information, | ||||||
13 | or a petition to have a juvenile adjudicated
as a | ||||||
14 | delinquent for a violent crime;
| ||||||
15 | (17) shall provide notice of any appeal taken by the | ||||||
16 | defendant and information
on how to contact the appropriate | ||||||
17 | agency handling the appeal, and how to request notice of | ||||||
18 | any hearing, oral argument, or decision of an appellate | ||||||
19 | court;
| ||||||
20 | (18) shall provide timely notice of any request for | ||||||
21 | post-conviction review filed by the
defendant under | ||||||
22 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
23 | of
the date, time and place of any hearing concerning the | ||||||
24 | petition. Whenever
possible, notice of the hearing shall be | ||||||
25 | given within 48 hours of the court's scheduling of the | ||||||
26 | hearing; and
|
| |||||||
| |||||||
1 | (19) shall forward a copy of any statement presented | ||||||
2 | under Section 6 to the
Prisoner Review Board or Department | ||||||
3 | of Juvenile Justice to be considered in making a | ||||||
4 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
5 | Section 3-3-8 of the Unified Code of Corrections.
| ||||||
6 | (c) The court shall ensure that the rights of the victim | ||||||
7 | are afforded. | ||||||
8 | (c-5) The following procedures shall be followed to afford | ||||||
9 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
10 | Illinois Constitution: | ||||||
11 | (1) Written notice. A victim may complete a written | ||||||
12 | notice of intent to assert rights on a form prepared by the | ||||||
13 | Office of the Attorney General and provided to the victim | ||||||
14 | by the State's Attorney. The victim may at any time provide | ||||||
15 | a revised written notice to the State's Attorney. The | ||||||
16 | State's Attorney shall file the written notice with the | ||||||
17 | court. At the beginning of any court proceeding in which | ||||||
18 | the right of a victim may be at issue, the court and | ||||||
19 | prosecutor shall review the written notice to determine | ||||||
20 | whether the victim has asserted the right that may be at | ||||||
21 | issue. | ||||||
22 | (2) Victim's retained attorney. A victim's attorney | ||||||
23 | shall file an entry of appearance limited to assertion of | ||||||
24 | the victim's rights. Upon the filing of the entry of | ||||||
25 | appearance and service on the State's Attorney and the | ||||||
26 | defendant, the attorney is to receive copies of all |
| |||||||
| |||||||
1 | notices, motions and court orders filed thereafter in the | ||||||
2 | case. | ||||||
3 | (3) Standing. The victim has standing to assert the | ||||||
4 | rights enumerated in subsection (a) of Article I, Section | ||||||
5 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
6 | under Section 4 of this Act in any court exercising | ||||||
7 | jurisdiction over the criminal case. The prosecuting | ||||||
8 | attorney, a victim, or the victim's retained attorney may | ||||||
9 | assert the victim's rights. The defendant in the criminal | ||||||
10 | case has no standing to assert a right of the victim in any | ||||||
11 | court proceeding, including on appeal. | ||||||
12 | (4) Assertion of and enforcement of rights. | ||||||
13 | (A) The prosecuting attorney shall assert a | ||||||
14 | victim's right or request enforcement of a right by | ||||||
15 | filing a motion or by orally asserting the right or | ||||||
16 | requesting enforcement in open court in the criminal | ||||||
17 | case outside the presence of the jury. The prosecuting | ||||||
18 | attorney shall consult with the victim and the victim's | ||||||
19 | attorney regarding the assertion or enforcement of a | ||||||
20 | right. If the prosecuting attorney decides not to | ||||||
21 | assert or enforce a victim's right, the prosecuting | ||||||
22 | attorney shall notify the victim or the victim's | ||||||
23 | attorney in sufficient time to allow the victim or the | ||||||
24 | victim's attorney to assert the right or to seek | ||||||
25 | enforcement of a right. | ||||||
26 | (B) If the prosecuting attorney elects not to |
| |||||||
| |||||||
1 | assert a victim's right or to seek enforcement of a | ||||||
2 | right, the victim or the victim's attorney may assert | ||||||
3 | the victim's right or request enforcement of a right by | ||||||
4 | filing a motion or by orally asserting the right or | ||||||
5 | requesting enforcement in open court in the criminal | ||||||
6 | case outside the presence of the jury. | ||||||
7 | (C) If the prosecuting attorney asserts a victim's | ||||||
8 | right or seeks enforcement of a right, and the court | ||||||
9 | denies the assertion of the right or denies the request | ||||||
10 | for enforcement of a right, the victim or victim's | ||||||
11 | attorney may file a motion to assert the victim's right | ||||||
12 | or to request enforcement of the right within 10 days | ||||||
13 | of the court's ruling. The motion need not demonstrate | ||||||
14 | the grounds for a motion for reconsideration. The court | ||||||
15 | shall rule on the merits of the motion. | ||||||
16 | (D) The court shall take up and decide any motion | ||||||
17 | or request asserting or seeking enforcement of a | ||||||
18 | victim's right without delay, unless a specific time | ||||||
19 | period is specified by law or court rule. The reasons | ||||||
20 | for any decision denying the motion or request shall be | ||||||
21 | clearly stated on the record. | ||||||
22 | (5) Violation of rights and remedies. | ||||||
23 | (A) If the court determines that a victim's right | ||||||
24 | has been violated, the court shall determine the | ||||||
25 | appropriate remedy for the violation of the victim's | ||||||
26 | right by hearing from the victim and the parties, |
| |||||||
| |||||||
1 | considering all factors relevant to the issue, and then | ||||||
2 | awarding appropriate relief to the victim. | ||||||
3 | (A-5) Consideration of an issue of a substantive | ||||||
4 | nature or an issue that implicates the constitutional | ||||||
5 | or statutory right of a victim at a court proceeding | ||||||
6 | labeled as a status hearing shall constitute a per se | ||||||
7 | violation of a victim's right. | ||||||
8 | (B) The appropriate remedy shall include only | ||||||
9 | actions necessary to provide the victim the right to | ||||||
10 | which the victim was entitled and may include reopening | ||||||
11 | previously held proceedings; however, in no event | ||||||
12 | shall the court vacate a conviction. Any remedy shall | ||||||
13 | be tailored to provide the victim an appropriate remedy | ||||||
14 | without violating any constitutional right of the | ||||||
15 | defendant. In no event shall the appropriate remedy be | ||||||
16 | a new trial, damages, or costs. | ||||||
17 | (6) Right to be heard. Whenever a victim has the right | ||||||
18 | to be heard, the court shall allow the victim to exercise | ||||||
19 | the right in any reasonable manner the victim chooses. | ||||||
20 | (7) Right to attend trial. A party must file a written | ||||||
21 | motion to exclude a victim from trial at least 60 days | ||||||
22 | prior to the date set for trial. The motion must state with | ||||||
23 | specificity the reason exclusion is necessary to protect a | ||||||
24 | constitutional right of the party, and must contain an | ||||||
25 | offer of proof. The court shall rule on the motion within | ||||||
26 | 30 days. If the motion is granted, the court shall set |
| |||||||
| |||||||
1 | forth on the record the facts that support its finding that | ||||||
2 | the victim's testimony will be materially affected if the | ||||||
3 | victim hears other testimony at trial. | ||||||
4 | (8) Right to have advocate and support person present | ||||||
5 | at court proceedings. | ||||||
6 | (A) A party who intends to call an advocate as a | ||||||
7 | witness at trial must seek permission of the court | ||||||
8 | before the subpoena is issued. The party must file a | ||||||
9 | written motion at least 90 days before trial that sets | ||||||
10 | forth specifically the issues on which the advocate's | ||||||
11 | testimony is sought and an offer of proof regarding (i) | ||||||
12 | the content of the anticipated testimony of the | ||||||
13 | advocate; and (ii) the relevance, admissibility, and | ||||||
14 | materiality of the anticipated testimony. The court | ||||||
15 | shall consider the motion and make findings within 30 | ||||||
16 | days of the filing of the motion. If the court finds by | ||||||
17 | a preponderance of the evidence that: (i) the | ||||||
18 | anticipated testimony is not protected by an absolute | ||||||
19 | privilege; and (ii) the anticipated testimony contains | ||||||
20 | relevant, admissible, and material evidence that is | ||||||
21 | not available through other witnesses or evidence, the | ||||||
22 | court shall issue a subpoena requiring the advocate to | ||||||
23 | appear to testify at an in camera hearing. The | ||||||
24 | prosecuting attorney and the victim shall have 15 days | ||||||
25 | to seek appellate review before the advocate is | ||||||
26 | required to testify at an ex parte in camera |
| |||||||
| |||||||
1 | proceeding. | ||||||
2 | The prosecuting attorney, the victim, and the | ||||||
3 | advocate's attorney shall be allowed to be present at | ||||||
4 | the ex parte in camera proceeding. If, after conducting | ||||||
5 | the ex parte in camera hearing, the court determines | ||||||
6 | that due process requires any testimony regarding | ||||||
7 | confidential or privileged information or | ||||||
8 | communications, the court shall provide to the | ||||||
9 | prosecuting attorney, the victim, and the advocate's | ||||||
10 | attorney a written memorandum on the substance of the | ||||||
11 | advocate's testimony. The prosecuting attorney, the | ||||||
12 | victim, and the advocate's attorney shall have 15 days | ||||||
13 | to seek appellate review before a subpoena may be | ||||||
14 | issued for the advocate to testify at trial. The | ||||||
15 | presence of the prosecuting attorney at the ex parte in | ||||||
16 | camera proceeding does not make the substance of the | ||||||
17 | advocate's testimony that the court has ruled | ||||||
18 | inadmissible subject to discovery. | ||||||
19 | (B) If a victim has asserted the right to have a | ||||||
20 | support person present at the court proceedings, the | ||||||
21 | victim shall provide the name of the person the victim | ||||||
22 | has chosen to be the victim's support person to the | ||||||
23 | prosecuting attorney, within 60 days of trial. The | ||||||
24 | prosecuting attorney shall provide the name to the | ||||||
25 | defendant. If the defendant intends to call the support | ||||||
26 | person as a witness at trial, the defendant must seek |
| |||||||
| |||||||
1 | permission of the court before a subpoena is issued. | ||||||
2 | The defendant must file a written motion at least 45 | ||||||
3 | days prior to trial that sets forth specifically the | ||||||
4 | issues on which the support person will testify and an | ||||||
5 | offer of proof regarding: (i) the content of the | ||||||
6 | anticipated testimony of the support person; and (ii) | ||||||
7 | the relevance, admissibility, and materiality of the | ||||||
8 | anticipated testimony. | ||||||
9 | If the prosecuting attorney intends to call the | ||||||
10 | support person as a witness during the State's | ||||||
11 | case-in-chief, the prosecuting attorney shall inform | ||||||
12 | the court of this intent in the response to the | ||||||
13 | defendant's written motion. The victim may choose a | ||||||
14 | different person to be the victim's support person. The | ||||||
15 | court may allow the defendant to inquire about matters | ||||||
16 | outside the scope of the direct examination during | ||||||
17 | cross-examination. If the court allows the defendant | ||||||
18 | to do so, the support person shall be allowed to remain | ||||||
19 | in the courtroom after the support person has | ||||||
20 | testified. A defendant who fails to question the | ||||||
21 | support person about matters outside the scope of | ||||||
22 | direct examination during the State's case-in-chief | ||||||
23 | waives the right to challenge the presence of the | ||||||
24 | support person on appeal. The court shall allow the | ||||||
25 | support person to testify if called as a witness in the | ||||||
26 | defendant's case-in-chief or the State's rebuttal. |
| |||||||
| |||||||
1 | If the court does not allow the defendant to | ||||||
2 | inquire about matters outside the scope of the direct | ||||||
3 | examination, the support person shall be allowed to | ||||||
4 | remain in the courtroom after the support person has | ||||||
5 | been called by the defendant or the defendant has | ||||||
6 | rested. The court shall allow the support person to | ||||||
7 | testify in the State's rebuttal. | ||||||
8 | If the prosecuting attorney does not intend to call | ||||||
9 | the support person in the State's case-in-chief, the | ||||||
10 | court shall verify with the support person whether the | ||||||
11 | support person, if called as a witness, would testify | ||||||
12 | as set forth in the offer of proof. If the court finds | ||||||
13 | that the support person would testify as set forth in | ||||||
14 | the offer of proof, the court shall rule on the | ||||||
15 | relevance, materiality, and admissibility of the | ||||||
16 | anticipated testimony. If the court rules the | ||||||
17 | anticipated testimony is admissible, the court shall | ||||||
18 | issue the subpoena. The support person may remain in | ||||||
19 | the courtroom after the support person testifies and | ||||||
20 | shall be allowed to testify in rebuttal. | ||||||
21 | If the court excludes the victim's support person | ||||||
22 | during the State's case-in-chief, the victim shall be | ||||||
23 | allowed to choose another support person to be present | ||||||
24 | in court. | ||||||
25 | If the victim fails to designate a support person | ||||||
26 | within 60 days of trial and the defendant has |
| |||||||
| |||||||
1 | subpoenaed the support person to testify at trial, the | ||||||
2 | court may exclude the support person from the trial | ||||||
3 | until the support person testifies. If the court | ||||||
4 | excludes the support person the victim may choose | ||||||
5 | another person as a support person. | ||||||
6 | (9) Right to notice and hearing before disclosure of | ||||||
7 | confidential or privileged information or records. A | ||||||
8 | defendant who seeks to subpoena records of or concerning | ||||||
9 | the victim that are confidential or privileged by law must | ||||||
10 | seek permission of the court before the subpoena is issued. | ||||||
11 | The defendant must file a written motion and an offer of | ||||||
12 | proof regarding the relevance, admissibility and | ||||||
13 | materiality of the records. If the court finds by a | ||||||
14 | preponderance of the evidence that: (A) the records are not | ||||||
15 | protected by an absolute privilege and (B) the records | ||||||
16 | contain relevant, admissible, and material evidence that | ||||||
17 | is not available through other witnesses or evidence, the | ||||||
18 | court shall issue a subpoena requiring a sealed copy of the | ||||||
19 | records be delivered to the court to be reviewed in camera. | ||||||
20 | If, after conducting an in camera review of the records, | ||||||
21 | the court determines that due process requires disclosure | ||||||
22 | of any portion of the records, the court shall provide | ||||||
23 | copies of what it intends to disclose to the prosecuting | ||||||
24 | attorney and the victim. The prosecuting attorney and the | ||||||
25 | victim shall have 30 days to seek appellate review before | ||||||
26 | the records are disclosed to the defendant. The disclosure |
| |||||||
| |||||||
1 | of copies of any portion of the records to the prosecuting | ||||||
2 | attorney does not make the records subject to discovery. | ||||||
3 | (10) Right to notice of court proceedings. If the | ||||||
4 | victim is not present at a court proceeding in which a | ||||||
5 | right of the victim is at issue, the court shall ask the | ||||||
6 | prosecuting attorney whether the victim was notified of the | ||||||
7 | time, place, and purpose of the court proceeding and that | ||||||
8 | the victim had a right to be heard at the court proceeding. | ||||||
9 | If the court determines that timely notice was not given or | ||||||
10 | that the victim was not adequately informed of the nature | ||||||
11 | of the court proceeding, the court shall not rule on any | ||||||
12 | substantive issues, accept a plea, or impose a sentence and | ||||||
13 | shall continue the hearing for the time necessary to notify | ||||||
14 | the victim of the time, place and nature of the court | ||||||
15 | proceeding. The time between court proceedings shall not be | ||||||
16 | attributable to the State under Section 103-5 of the Code | ||||||
17 | of Criminal Procedure of 1963. | ||||||
18 | (11) Right to timely disposition of the case. A victim | ||||||
19 | has the right to timely disposition of the case so as to | ||||||
20 | minimize the stress, cost, and inconvenience resulting | ||||||
21 | from the victim's involvement in the case. Before ruling on | ||||||
22 | a motion to continue trial or other court proceeding, the | ||||||
23 | court shall inquire into the circumstances for the request | ||||||
24 | for the delay and, if the victim has provided written | ||||||
25 | notice of the assertion of the right to a timely | ||||||
26 | disposition, and whether the victim objects to the delay. |
| |||||||
| |||||||
1 | If the victim objects, the prosecutor shall inform the | ||||||
2 | court of the victim's objections. If the prosecutor has not | ||||||
3 | conferred with the victim about the continuance, the | ||||||
4 | prosecutor shall inform the court of the attempts to | ||||||
5 | confer. If the court finds the attempts of the prosecutor | ||||||
6 | to confer with the victim were inadequate to protect the | ||||||
7 | victim's right to be heard, the court shall give the | ||||||
8 | prosecutor at least 3 but not more than 5 business days to | ||||||
9 | confer with the victim. In ruling on a motion to continue, | ||||||
10 | the court shall consider the reasons for the requested | ||||||
11 | continuance, the number and length of continuances that | ||||||
12 | have been granted, the victim's objections and procedures | ||||||
13 | to avoid further delays. If a continuance is granted over | ||||||
14 | the victim's objection, the court shall specify on the | ||||||
15 | record the reasons for the continuance and the procedures | ||||||
16 | that have been or will be taken to avoid further delays. | ||||||
17 | (12) Right to Restitution. | ||||||
18 | (A) If the victim has asserted the right to | ||||||
19 | restitution and the amount of restitution is known at | ||||||
20 | the time of sentencing, the court shall enter the | ||||||
21 | judgment of restitution at the time of sentencing. | ||||||
22 | (B) If the victim has asserted the right to | ||||||
23 | restitution and the amount of restitution is not known | ||||||
24 | at the time of sentencing, the prosecutor shall, within | ||||||
25 | 5 days after sentencing, notify the victim what | ||||||
26 | information and documentation related to restitution |
| |||||||
| |||||||
1 | is needed and that the information and documentation | ||||||
2 | must be provided to the prosecutor within 45 days after | ||||||
3 | sentencing. Failure to timely provide information and | ||||||
4 | documentation related to restitution shall be deemed a | ||||||
5 | waiver of the right to restitution. The prosecutor | ||||||
6 | shall file and serve within 60 days after sentencing a | ||||||
7 | proposed judgment for restitution and a notice that | ||||||
8 | includes information concerning the identity of any | ||||||
9 | victims or other persons seeking restitution, whether | ||||||
10 | any victim or other person expressly declines | ||||||
11 | restitution, the nature and amount of any damages | ||||||
12 | together with any supporting documentation, a | ||||||
13 | restitution amount recommendation, and the names of | ||||||
14 | any co-defendants and their case numbers. Within 30 | ||||||
15 | days after receipt of the proposed judgment for | ||||||
16 | restitution, the defendant shall file any objection to | ||||||
17 | the proposed judgment, a statement of grounds for the | ||||||
18 | objection, and a financial statement. If the defendant | ||||||
19 | does not file an objection, the court may enter the | ||||||
20 | judgment for restitution without further proceedings. | ||||||
21 | If the defendant files an objection and either party | ||||||
22 | requests a hearing, the court shall schedule a hearing. | ||||||
23 | (13) Access to presentence reports. | ||||||
24 | (A) The victim may request a copy of the | ||||||
25 | presentence report prepared under the Unified Code of | ||||||
26 | Corrections from the State's Attorney. The State's |
| |||||||
| |||||||
1 | Attorney shall redact the following information before | ||||||
2 | providing a copy of the report: | ||||||
3 | (i) the defendant's mental history and | ||||||
4 | condition; | ||||||
5 | (ii) any evaluation prepared under subsection | ||||||
6 | (b) or (b-5) of Section 5-3-2; and | ||||||
7 | (iii) the name, address, phone number, and | ||||||
8 | other personal information about any other victim. | ||||||
9 | (B) The State's Attorney or the defendant may | ||||||
10 | request the court redact other information in the | ||||||
11 | report that may endanger the safety of any person. | ||||||
12 | (C) The State's Attorney may orally disclose to the | ||||||
13 | victim any of the information that has been redacted if | ||||||
14 | there is a reasonable likelihood that the information | ||||||
15 | will be stated in court at the sentencing. | ||||||
16 | (D) The State's Attorney must advise the victim | ||||||
17 | that the victim must maintain the confidentiality of | ||||||
18 | the report and other information. Any dissemination of | ||||||
19 | the report or information that was not stated at a | ||||||
20 | court proceeding constitutes indirect criminal | ||||||
21 | contempt of court. | ||||||
22 | (14) Appellate relief. If the trial court denies the | ||||||
23 | relief requested, the victim, the victim's attorney, or the | ||||||
24 | prosecuting attorney may file an appeal within 30 days of | ||||||
25 | the trial court's ruling. The trial or appellate court may | ||||||
26 | stay the court proceedings if the court finds that a stay |
| |||||||
| |||||||
1 | would not violate a constitutional right of the defendant. | ||||||
2 | If the appellate court denies the relief sought, the | ||||||
3 | reasons for the denial shall be clearly stated in a written | ||||||
4 | opinion. In any appeal in a criminal case, the State may | ||||||
5 | assert as error the court's denial of any crime victim's | ||||||
6 | right in the proceeding to which the appeal relates. | ||||||
7 | (15) Limitation on appellate relief. In no case shall | ||||||
8 | an appellate court provide a new trial to remedy the | ||||||
9 | violation of a victim's right. | ||||||
10 | (16) The right to be reasonably protected from the | ||||||
11 | accused throughout the criminal justice process and the | ||||||
12 | right to have the safety of the victim and the victim's | ||||||
13 | family considered in denying or fixing the amount of bail, | ||||||
14 | determining whether to release the defendant, and setting | ||||||
15 | conditions of release after arrest and conviction. A victim | ||||||
16 | of domestic violence, a sexual offense, or stalking may | ||||||
17 | request the entry of a protective order under Article 112A | ||||||
18 | of the Code of Criminal Procedure of 1963. | ||||||
19 | (d) Procedures after the imposition of sentence. | ||||||
20 | (1) The Prisoner Review Board shall inform a victim or | ||||||
21 | any other
concerned citizen, upon written request, of the | ||||||
22 | prisoner's release on parole,
mandatory supervised | ||||||
23 | release, electronic detention, work release, international | ||||||
24 | transfer or exchange, or by the
custodian, other than the | ||||||
25 | Department of Juvenile Justice, of the discharge of any | ||||||
26 | individual who was adjudicated a delinquent
for a crime |
| |||||||
| |||||||
1 | from State custody and by the sheriff of the appropriate
| ||||||
2 | county of any such person's final discharge from county | ||||||
3 | custody.
The Prisoner Review Board, upon written request, | ||||||
4 | shall provide to a victim or
any other concerned citizen a | ||||||
5 | recent photograph of any person convicted of a
felony, upon | ||||||
6 | his or her release from custody.
The Prisoner
Review Board, | ||||||
7 | upon written request, shall inform a victim or any other
| ||||||
8 | concerned citizen when feasible at least 7 days prior to | ||||||
9 | the prisoner's release
on furlough of the times and dates | ||||||
10 | of such furlough. Upon written request by
the victim or any | ||||||
11 | other concerned citizen, the State's Attorney shall notify
| ||||||
12 | the person once of the times and dates of release of a | ||||||
13 | prisoner sentenced to
periodic imprisonment. Notification | ||||||
14 | shall be based on the most recent
information as to | ||||||
15 | victim's or other concerned citizen's residence or other
| ||||||
16 | location available to the notifying authority.
| ||||||
17 | (2) When the defendant has been committed to the | ||||||
18 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
19 | any other
provision of the Unified Code of Corrections, the | ||||||
20 | victim may request to be
notified by the releasing | ||||||
21 | authority of the approval by the court of an on-grounds | ||||||
22 | pass, a supervised off-grounds pass, an unsupervised | ||||||
23 | off-grounds pass, or conditional release; the release on an | ||||||
24 | off-grounds pass; the return from an off-grounds pass; | ||||||
25 | transfer to another facility; conditional release; escape; | ||||||
26 | death; or final discharge from State
custody. The |
| |||||||
| |||||||
1 | Department of Human Services shall establish and maintain a | ||||||
2 | statewide telephone number to be used by victims to make | ||||||
3 | notification requests under these provisions and shall | ||||||
4 | publicize this telephone number on its website and to the | ||||||
5 | State's Attorney of each county.
| ||||||
6 | (3) In the event of an escape from State custody, the | ||||||
7 | Department of
Corrections or the Department of Juvenile | ||||||
8 | Justice immediately shall notify the Prisoner Review Board | ||||||
9 | of the escape
and the Prisoner Review Board shall notify | ||||||
10 | the victim. The notification shall
be based upon the most | ||||||
11 | recent information as to the victim's residence or other
| ||||||
12 | location available to the Board. When no such information | ||||||
13 | is available, the
Board shall make all reasonable efforts | ||||||
14 | to obtain the information and make
the notification. When | ||||||
15 | the escapee is apprehended, the Department of
Corrections | ||||||
16 | or the Department of Juvenile Justice immediately shall | ||||||
17 | notify the Prisoner Review Board and the Board
shall notify | ||||||
18 | the victim.
| ||||||
19 | (4) The victim of the crime for which the prisoner has | ||||||
20 | been sentenced
has the right to register with the Prisoner | ||||||
21 | Review Board's victim registry. Victims registered with | ||||||
22 | the Board shall receive reasonable written notice not less | ||||||
23 | than 30 days prior to the
parole hearing or target | ||||||
24 | aftercare release date. The victim has the right to submit | ||||||
25 | a victim statement for consideration by the Prisoner Review | ||||||
26 | Board or the Department of Juvenile Justice in writing, on |
| |||||||
| |||||||
1 | film, videotape, or other electronic means, or in the form | ||||||
2 | of a recording prior to the parole hearing or target | ||||||
3 | aftercare release date, or in person at the parole hearing | ||||||
4 | or aftercare release protest hearing, or by calling the | ||||||
5 | toll-free number established in subsection (f) of this | ||||||
6 | Section. , The
victim shall be notified within 7 days after | ||||||
7 | the prisoner has been granted
parole or aftercare release | ||||||
8 | and shall be informed of the right to inspect the registry | ||||||
9 | of parole
decisions, established under subsection (g) of | ||||||
10 | Section 3-3-5 of the Unified
Code of Corrections. The | ||||||
11 | provisions of this paragraph (4) are subject to the
Open | ||||||
12 | Parole Hearings Act. Victim statements provided to the | ||||||
13 | Board shall be confidential and privileged, including any | ||||||
14 | statements received prior to January 1, 2020 ( the effective | ||||||
15 | date of Public Act 101-288) this amendatory Act of the | ||||||
16 | 101st General Assembly , except if the statement was an oral | ||||||
17 | statement made by the victim at a hearing open to the | ||||||
18 | public.
| ||||||
19 | (4-1) The crime victim has the right to submit a victim | ||||||
20 | statement for consideration by the Prisoner Review Board or | ||||||
21 | the Department of Juvenile Justice prior to or at a hearing | ||||||
22 | to determine the conditions of mandatory supervised | ||||||
23 | release of a person sentenced to a determinate sentence or | ||||||
24 | at a hearing on revocation of mandatory supervised release | ||||||
25 | of a person sentenced to a determinate sentence. A victim | ||||||
26 | statement may be submitted in writing, on film, videotape, |
| |||||||
| |||||||
1 | or other electronic means, or in the form of a recording, | ||||||
2 | or orally at a hearing, or by calling the toll-free number | ||||||
3 | established in subsection (f) of this Section. Victim | ||||||
4 | statements provided to the Board shall be confidential and | ||||||
5 | privileged, including any statements received prior to | ||||||
6 | January 1, 2020 ( the effective date of Public Act 101-288) | ||||||
7 | this amendatory Act of the 101st General Assembly , except | ||||||
8 | if the statement was an oral statement made by the victim | ||||||
9 | at a hearing open to the public. | ||||||
10 | (4-2) The crime victim has the right to submit a victim | ||||||
11 | statement to the Prisoner Review Board for consideration at | ||||||
12 | an executive clemency hearing as provided in Section 3-3-13 | ||||||
13 | of the Unified Code of Corrections. A victim statement may | ||||||
14 | be submitted in writing, on film, videotape, or other | ||||||
15 | electronic means, or in the form of a recording prior to a | ||||||
16 | hearing, or orally at a hearing, or by calling the | ||||||
17 | toll-free number established in subsection (f) of this | ||||||
18 | Section. Victim statements provided to the Board shall be | ||||||
19 | confidential and privileged, including any statements | ||||||
20 | received prior to January 1, 2020 ( the effective date of | ||||||
21 | Public Act 101-288) this amendatory Act of the 101st | ||||||
22 | General Assembly , except if the statement was an oral | ||||||
23 | statement made by the victim at a hearing open to the | ||||||
24 | public. | ||||||
25 | (5) If a statement is presented under Section 6, the | ||||||
26 | Prisoner Review Board or Department of Juvenile Justice
|
| |||||||
| |||||||
1 | shall inform the victim of any order of discharge pursuant
| ||||||
2 | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||||||
3 | Corrections.
| ||||||
4 | (6) At the written or oral request of the victim of the | ||||||
5 | crime for which the
prisoner was sentenced or the State's | ||||||
6 | Attorney of the county where the person seeking parole or | ||||||
7 | aftercare release was prosecuted, the Prisoner Review | ||||||
8 | Board or Department of Juvenile Justice shall notify the | ||||||
9 | victim and the State's Attorney of the county where the | ||||||
10 | person seeking parole or aftercare release was prosecuted | ||||||
11 | of
the death of the prisoner if the prisoner died while on | ||||||
12 | parole or aftercare release or mandatory
supervised | ||||||
13 | release.
| ||||||
14 | (7) When a defendant who has been committed to the | ||||||
15 | Department of
Corrections, the Department of Juvenile | ||||||
16 | Justice, or the Department of Human Services is released or | ||||||
17 | discharged and
subsequently committed to the Department of | ||||||
18 | Human Services as a sexually
violent person and the victim | ||||||
19 | had requested to be notified by the releasing
authority of | ||||||
20 | the defendant's discharge, conditional release, death, or | ||||||
21 | escape from State custody, the releasing
authority shall | ||||||
22 | provide to the Department of Human Services such | ||||||
23 | information
that would allow the Department of Human | ||||||
24 | Services to contact the victim.
| ||||||
25 | (8) When a defendant has been convicted of a sex | ||||||
26 | offense as defined in Section 2 of the Sex Offender |
| |||||||
| |||||||
1 | Registration Act and has been sentenced to the Department | ||||||
2 | of Corrections or the Department of Juvenile Justice, the | ||||||
3 | Prisoner Review Board or the Department of Juvenile Justice | ||||||
4 | shall notify the victim of the sex offense of the | ||||||
5 | prisoner's eligibility for release on parole, aftercare | ||||||
6 | release,
mandatory supervised release, electronic | ||||||
7 | detention, work release, international transfer or | ||||||
8 | exchange, or by the
custodian of the discharge of any | ||||||
9 | individual who was adjudicated a delinquent
for a sex | ||||||
10 | offense from State custody and by the sheriff of the | ||||||
11 | appropriate
county of any such person's final discharge | ||||||
12 | from county custody. The notification shall be made to the | ||||||
13 | victim at least 30 days, whenever possible, before release | ||||||
14 | of the sex offender. | ||||||
15 | (e) The officials named in this Section may satisfy some or | ||||||
16 | all of their
obligations to provide notices and other | ||||||
17 | information through participation in a
statewide victim and | ||||||
18 | witness notification system established by the Attorney
| ||||||
19 | General under Section 8.5 of this Act.
| ||||||
20 | (f) The Prisoner Review Board
shall establish a toll-free | ||||||
21 | number that may be accessed by the crime victim to present a | ||||||
22 | victim statement to the Board in accordance with paragraphs | ||||||
23 | (4), (4-1), and (4-2) of subsection (d).
| ||||||
24 | (Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; | ||||||
25 | 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
|
| |||||||
| |||||||
1 | Section 100. The Pretrial Services Act is amended by | ||||||
2 | changing Sections 11, 20, 22, and 34 as follows:
| ||||||
3 | (725 ILCS 185/11) (from Ch. 38, par. 311)
| ||||||
4 | Sec. 11.
No person shall be interviewed by a pretrial | ||||||
5 | services agency
unless he or she has first been apprised of the | ||||||
6 | identity and purpose of the
interviewer, the scope of the | ||||||
7 | interview, the right to secure legal advice,
and the right to | ||||||
8 | refuse cooperation. Inquiry of the defendant shall
carefully | ||||||
9 | exclude questions concerning the details of the current charge.
| ||||||
10 | Statements made by the defendant during the interview, or | ||||||
11 | evidence derived
therefrom, are admissible in
evidence only | ||||||
12 | when the court is considering the imposition of pretrial or
| ||||||
13 | posttrial conditions to bail or recognizance, or when | ||||||
14 | considering the
modification of a prior release order.
| ||||||
15 | (Source: P.A. 84-1449.)
| ||||||
16 | (725 ILCS 185/20) (from Ch. 38, par. 320)
| ||||||
17 | Sec. 20.
In preparing and presenting its written reports | ||||||
18 | under
Sections 17 and 19, pretrial services agencies shall in
| ||||||
19 | appropriate cases
include specific recommendations for the | ||||||
20 | setting the conditions , increase, or decrease of
pretrial | ||||||
21 | release bail ; the release of the interviewee on his own | ||||||
22 | recognizance in sums
certain; and the imposition of pretrial | ||||||
23 | conditions of pretrial release to bail or recognizance
designed | ||||||
24 | to minimize the risks of nonappearance, the commission of new
|
| |||||||
| |||||||
1 | offenses while awaiting trial, and other potential | ||||||
2 | interference with the
orderly administration of justice. In | ||||||
3 | establishing objective internal
criteria of any such | ||||||
4 | recommendation policies, the agency may utilize
so-called | ||||||
5 | "point scales" for evaluating the aforementioned risks,
but no | ||||||
6 | interviewee shall be considered as ineligible for particular | ||||||
7 | agency
recommendations by sole reference to such procedures.
| ||||||
8 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
9 | (725 ILCS 185/22) (from Ch. 38, par. 322)
| ||||||
10 | Sec. 22.
If so ordered by the court, the pretrial services | ||||||
11 | agency
shall prepare and submit for
the court's approval and | ||||||
12 | signature a uniform release order on the uniform
form | ||||||
13 | established by the Supreme Court in all
cases where an | ||||||
14 | interviewee may be released from custody under conditions
| ||||||
15 | contained in an agency report. Such conditions shall become | ||||||
16 | part of the
conditions of pretrial release the bail bond . A | ||||||
17 | copy of the uniform release order shall
be provided to the | ||||||
18 | defendant and defendant's attorney of record, and the | ||||||
19 | prosecutor.
| ||||||
20 | (Source: P.A. 84-1449.)
| ||||||
21 | (725 ILCS 185/34) | ||||||
22 | Sec. 34. Probation and court services departments | ||||||
23 | considered pretrial services agencies. For the purposes of | ||||||
24 | administering the provisions of Public Act 95-773, known as the |
| |||||||
| |||||||
1 | Cindy Bischof Law, all probation and court services departments | ||||||
2 | are to be considered pretrial services agencies under this Act | ||||||
3 | and under the pretrial release bail bond provisions of the Code | ||||||
4 | of Criminal Procedure of 1963.
| ||||||
5 | (Source: P.A. 96-341, eff. 8-11-09.)
| ||||||
6 | Section 105. The Quasi-criminal and Misdemeanor Bail Act is | ||||||
7 | amended by changing the title of the Act and Sections 0.01, 1, | ||||||
8 | 2, 3, and 5 as follows:
| ||||||
9 | (725 ILCS 195/Act title)
| ||||||
10 | An Act to authorize designated officers
to let persons | ||||||
11 | charged with quasi-criminal offenses and misdemeanors to
| ||||||
12 | pretrial release bail and to accept and receipt for fines on | ||||||
13 | pleas of guilty in minor
offenses, in accordance with schedules | ||||||
14 | established by rule of court.
| ||||||
15 | (725 ILCS 195/0.01) (from Ch. 16, par. 80)
| ||||||
16 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
17 | Quasi-criminal and Misdemeanor Pretrial Release Bail Act.
| ||||||
18 | (Source: P.A. 86-1324.)
| ||||||
19 | (725 ILCS 195/1) (from Ch. 16, par. 81)
| ||||||
20 | Sec. 1.
Whenever in any circuit there shall be in force a | ||||||
21 | rule or
order of the Supreme Court establishing a uniform form | ||||||
22 | schedule prescribing
the conditions of pretrial release |
| |||||||
| |||||||
1 | amounts of bail for specified conservation cases, traffic | ||||||
2 | cases,
quasi-criminal offenses and misdemeanors, any general | ||||||
3 | superintendent,
chief, captain, lieutenant, or sergeant of | ||||||
4 | police, or other police
officer, the sheriff, the circuit | ||||||
5 | clerk, and any deputy sheriff or
deputy circuit clerk | ||||||
6 | designated by the Circuit Court for the purpose,
are authorized | ||||||
7 | to let to pretrial release bail any person charged with a | ||||||
8 | quasi-criminal
offense or misdemeanor and to accept and receipt | ||||||
9 | for bonds or cash bail
in accordance with regulations | ||||||
10 | established by rule or order of the
Supreme Court . Unless | ||||||
11 | otherwise provided by Supreme Court Rule, no such
bail may be | ||||||
12 | posted or accepted in any place other
than a police station, | ||||||
13 | sheriff's office or jail, or other county,
municipal or other | ||||||
14 | building housing governmental units, or a division
| ||||||
15 | headquarters building of the Illinois State Police. Bonds and | ||||||
16 | cash so
received shall be delivered to the office of the | ||||||
17 | circuit clerk or that
of his designated deputy as provided by | ||||||
18 | regulation. Such cash and
securities so received shall be | ||||||
19 | delivered to the office of such clerk or
deputy clerk within at | ||||||
20 | least 48 hours of receipt or within the time set
for the | ||||||
21 | accused's appearance in court whichever is earliest.
| ||||||
22 | In all cases where a person is admitted to bail under a | ||||||
23 | uniform
schedule prescribing the amount of bail for specified | ||||||
24 | conservation
cases, traffic cases, quasi-criminal offenses and | ||||||
25 | misdemeanors the
provisions of Section 110-15 of the "Code of | ||||||
26 | Criminal Procedure of
1963", approved August 14, 1963, as |
| |||||||
| |||||||
1 | amended by the 75th General Assembly
shall be applicable.
| ||||||
2 | (Source: P.A. 80-897 .)
| ||||||
3 | (725 ILCS 195/2) (from Ch. 16, par. 82)
| ||||||
4 | Sec. 2.
The conditions of the pretrial release bail bond or | ||||||
5 | deposit of cash bail shall be
that the accused will appear to | ||||||
6 | answer the charge in court at a time and
place specified in the | ||||||
7 | pretrial release form bond and thereafter as ordered by the | ||||||
8 | court until
discharged on final order of the court and to | ||||||
9 | submit himself to the orders
and process of the court. The | ||||||
10 | accused shall be furnished with an official
receipt on a form | ||||||
11 | prescribed by rule of court for any cash or other
security | ||||||
12 | deposited, and shall receive a copy of the pretrial release | ||||||
13 | form bond specifying the
time and place of his court | ||||||
14 | appearance.
| ||||||
15 | Upon performance of the conditions of the pretrial release | ||||||
16 | bond , the pretrial release form bond shall be null
and void and | ||||||
17 | the accused shall be released from the conditions of pretrial | ||||||
18 | release any cash bail or other security shall be returned to | ||||||
19 | the
accused .
| ||||||
20 | (Source: Laws 1963, p. 2652.)
| ||||||
21 | (725 ILCS 195/3) (from Ch. 16, par. 83)
| ||||||
22 | Sec. 3.
| ||||||
23 | In lieu of complying with the conditions of pretrial | ||||||
24 | release making bond or depositing cash bail as provided in this |
| |||||||
| |||||||
1 | Act
or the deposit of other security authorized by law , any | ||||||
2 | accused person has
the right to be brought without unnecessary | ||||||
3 | delay before the nearest or
most accessible judge of the | ||||||
4 | circuit to be dealt with according to law.
| ||||||
5 | (Source: P.A. 77-1248.)
| ||||||
6 | (725 ILCS 195/5) (from Ch. 16, par. 85)
| ||||||
7 | Sec. 5.
| ||||||
8 | Any person authorized to accept pretrial release bail or | ||||||
9 | pleas of guilty by this Act who
violates any provision of this | ||||||
10 | Act is guilty of a Class B misdemeanor.
| ||||||
11 | (Source: P.A. 77-2319.)
| ||||||
12 | Section 110. The Unified Code of Corrections is amended by | ||||||
13 | changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8-4, | ||||||
14 | 5-8A-4.1, 5-8A-7, and 8-2-1 as follows:
| ||||||
15 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||||||
16 | Sec. 5-3-2. Presentence report.
| ||||||
17 | (a) In felony cases, the presentence
report shall set | ||||||
18 | forth:
| ||||||
19 | (1) the defendant's history of delinquency or | ||||||
20 | criminality,
physical and mental history and condition, | ||||||
21 | family situation and
background, economic status, | ||||||
22 | education, occupation and personal habits;
| ||||||
23 | (2) information about special resources within the |
| |||||||
| |||||||
1 | community
which might be available to assist the | ||||||
2 | defendant's rehabilitation,
including treatment centers, | ||||||
3 | residential facilities, vocational
training services, | ||||||
4 | correctional manpower programs, employment
opportunities, | ||||||
5 | special educational programs, alcohol and drug
abuse | ||||||
6 | programming, psychiatric and marriage counseling, and | ||||||
7 | other
programs and facilities which could aid the | ||||||
8 | defendant's successful
reintegration into society;
| ||||||
9 | (3) the effect the offense committed has had upon the | ||||||
10 | victim or
victims thereof, and any compensatory benefit | ||||||
11 | that various
sentencing alternatives would confer on such | ||||||
12 | victim or victims;
| ||||||
13 | (3.5) information provided by the victim's spouse, | ||||||
14 | guardian, parent, grandparent, and other immediate family | ||||||
15 | and household members about the effect the offense | ||||||
16 | committed has had on the victim and on the person providing | ||||||
17 | the information; if the victim's spouse, guardian, parent, | ||||||
18 | grandparent, or other immediate family or household member | ||||||
19 | has provided a written statement, the statement shall be | ||||||
20 | attached to the report; | ||||||
21 | (4) information concerning the defendant's status | ||||||
22 | since arrest,
including his record if released on his own | ||||||
23 | recognizance, or the
defendant's achievement record if | ||||||
24 | released on a conditional
pre-trial supervision program;
| ||||||
25 | (5) when appropriate, a plan, based upon the personal, | ||||||
26 | economic
and social adjustment needs of the defendant, |
| |||||||
| |||||||
1 | utilizing public and
private community resources as an | ||||||
2 | alternative to institutional
sentencing;
| ||||||
3 | (6) any other matters that the investigatory officer | ||||||
4 | deems
relevant or the court directs to be included;
| ||||||
5 | (7) information concerning the defendant's eligibility | ||||||
6 | for a sentence to a
county impact incarceration program | ||||||
7 | under Section 5-8-1.2 of this Code; and
| ||||||
8 | (8) information concerning the defendant's eligibility | ||||||
9 | for a sentence to an impact incarceration program | ||||||
10 | administered by the Department under Section 5-8-1.1. | ||||||
11 | (b) The investigation shall include a physical and mental
| ||||||
12 | examination of the defendant when so ordered by the court. If
| ||||||
13 | the court determines that such an examination should be made, | ||||||
14 | it
shall issue an order that the defendant submit to | ||||||
15 | examination at
such time and place as designated by the court | ||||||
16 | and that such
examination be conducted by a physician, | ||||||
17 | psychologist or
psychiatrist designated by the court. Such an | ||||||
18 | examination may
be conducted in a court clinic if so ordered by | ||||||
19 | the court. The
cost of such examination shall be paid by the | ||||||
20 | county in which
the trial is held.
| ||||||
21 | (b-5) In cases involving felony sex offenses in which the | ||||||
22 | offender is being considered for probation only or any felony | ||||||
23 | offense that is
sexually motivated as defined in the Sex | ||||||
24 | Offender Management Board Act in which the offender is being | ||||||
25 | considered for probation only, the
investigation shall include | ||||||
26 | a sex offender evaluation by an evaluator approved
by the Board |
| |||||||
| |||||||
1 | and conducted in conformance with the standards developed under
| ||||||
2 | the Sex Offender Management Board Act. In cases in which the | ||||||
3 | offender is being considered for any mandatory prison sentence, | ||||||
4 | the investigation shall not include a sex offender evaluation.
| ||||||
5 | (c) In misdemeanor, business offense or petty offense | ||||||
6 | cases, except as
specified in subsection (d) of this Section, | ||||||
7 | when a presentence report has
been ordered by the court, such | ||||||
8 | presentence report shall contain
information on the | ||||||
9 | defendant's history of delinquency or criminality and
shall | ||||||
10 | further contain only those matters listed in any of paragraphs | ||||||
11 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
12 | Section as are
specified by the court in its order for the | ||||||
13 | report.
| ||||||
14 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
15 | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
16 | 2012, the presentence report shall set forth
information about | ||||||
17 | alcohol, drug abuse, psychiatric, and marriage counseling
or | ||||||
18 | other treatment programs and facilities, information on the | ||||||
19 | defendant's
history of delinquency or criminality, and shall | ||||||
20 | contain those additional
matters listed in any of paragraphs | ||||||
21 | (1) through (6) of subsection (a) or in
subsection (b) of this | ||||||
22 | Section as are specified by the court.
| ||||||
23 | (e) Nothing in this Section shall cause the defendant to be
| ||||||
24 | held without pretrial release bail or to have his pretrial | ||||||
25 | release bail revoked for the purpose
of preparing the | ||||||
26 | presentence report or making an examination.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-105, eff. 1-1-20; revised 9-24-19.)
| ||||||
2 | (730 ILCS 5/5-5-3.2)
| ||||||
3 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
4 | sentencing.
| ||||||
5 | (a) The following factors shall be accorded weight in favor | ||||||
6 | of
imposing a term of imprisonment or may be considered by the | ||||||
7 | court as reasons
to impose a more severe sentence under Section | ||||||
8 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
9 | (1) the defendant's conduct caused or threatened | ||||||
10 | serious harm;
| ||||||
11 | (2) the defendant received compensation for committing | ||||||
12 | the offense;
| ||||||
13 | (3) the defendant has a history of prior delinquency or | ||||||
14 | criminal activity;
| ||||||
15 | (4) the defendant, by the duties of his office or by | ||||||
16 | his position,
was obliged to prevent the particular offense | ||||||
17 | committed or to bring
the offenders committing it to | ||||||
18 | justice;
| ||||||
19 | (5) the defendant held public office at the time of the | ||||||
20 | offense,
and the offense related to the conduct of that | ||||||
21 | office;
| ||||||
22 | (6) the defendant utilized his professional reputation | ||||||
23 | or
position in the community to commit the offense, or to | ||||||
24 | afford
him an easier means of committing it;
| ||||||
25 | (7) the sentence is necessary to deter others from |
| |||||||
| |||||||
1 | committing
the same crime;
| ||||||
2 | (8) the defendant committed the offense against a | ||||||
3 | person 60 years of age
or older or such person's property;
| ||||||
4 | (9) the defendant committed the offense against a | ||||||
5 | person who has a physical disability or such person's | ||||||
6 | property;
| ||||||
7 | (10) by reason of another individual's actual or | ||||||
8 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
9 | sexual orientation, physical or mental
disability, or | ||||||
10 | national origin, the defendant committed the offense | ||||||
11 | against (i)
the person or property
of that individual; (ii) | ||||||
12 | the person or property of a person who has an
association | ||||||
13 | with, is married to, or has a friendship with the other | ||||||
14 | individual;
or (iii) the person or property of a relative | ||||||
15 | (by blood or marriage) of a
person described in clause (i) | ||||||
16 | or (ii). For the purposes of this Section,
"sexual | ||||||
17 | orientation" has the meaning ascribed to it in paragraph | ||||||
18 | (O-1) of Section 1-103 of the Illinois Human Rights Act;
| ||||||
19 | (11) the offense took place in a place of worship or on | ||||||
20 | the
grounds of a place of worship, immediately prior to, | ||||||
21 | during or immediately
following worship services. For | ||||||
22 | purposes of this subparagraph, "place of
worship" shall | ||||||
23 | mean any church, synagogue or other building, structure or
| ||||||
24 | place used primarily for religious worship;
| ||||||
25 | (12) the defendant was convicted of a felony committed | ||||||
26 | while he was
on pretrial release released on bail or his |
| |||||||
| |||||||
1 | own recognizance pending trial for a prior felony
and was | ||||||
2 | convicted of such prior felony, or the defendant was | ||||||
3 | convicted of a
felony committed while he was serving a | ||||||
4 | period of probation,
conditional discharge, or mandatory | ||||||
5 | supervised release under subsection (d)
of Section 5-8-1
| ||||||
6 | for a prior felony;
| ||||||
7 | (13) the defendant committed or attempted to commit a | ||||||
8 | felony while he
was wearing a bulletproof vest. For the | ||||||
9 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
10 | device which is designed for the purpose of
protecting the | ||||||
11 | wearer from bullets, shot or other lethal projectiles;
| ||||||
12 | (14) the defendant held a position of trust or | ||||||
13 | supervision such as, but
not limited to, family member as | ||||||
14 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
15 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
16 | relation to a victim under 18 years of age, and the | ||||||
17 | defendant committed an
offense in violation of Section | ||||||
18 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
19 | 11-14.4 except for an offense that involves keeping a place | ||||||
20 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
21 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
22 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
23 | of 2012
against
that victim;
| ||||||
24 | (15) the defendant committed an offense related to the | ||||||
25 | activities of an
organized gang. For the purposes of this | ||||||
26 | factor, "organized gang" has the
meaning ascribed to it in |
| |||||||
| |||||||
1 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
2 | Act;
| ||||||
3 | (16) the defendant committed an offense in violation of | ||||||
4 | one of the
following Sections while in a school, regardless | ||||||
5 | of the time of day or time of
year; on any conveyance | ||||||
6 | owned, leased, or contracted by a school to transport
| ||||||
7 | students to or from school or a school related activity; on | ||||||
8 | the real property
of a school; or on a public way within | ||||||
9 | 1,000 feet of the real property
comprising any school: | ||||||
10 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
11 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
12 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
13 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
14 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
15 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
16 | Criminal Code of 2012;
| ||||||
17 | (16.5) the defendant committed an offense in violation | ||||||
18 | of one of the
following Sections while in a day care | ||||||
19 | center, regardless of the time of day or
time of year; on | ||||||
20 | the real property of a day care center, regardless of the | ||||||
21 | time
of day or time of year; or on a public
way within | ||||||
22 | 1,000 feet of the real property comprising any day care | ||||||
23 | center,
regardless of the time of day or time of year:
| ||||||
24 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
25 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
26 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
| |||||||
| |||||||
1 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
2 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
3 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
4 | Criminal Code of 2012;
| ||||||
5 | (17) the defendant committed the offense by reason of | ||||||
6 | any person's
activity as a community policing volunteer or | ||||||
7 | to prevent any person from
engaging in activity as a | ||||||
8 | community policing volunteer. For the purpose of
this | ||||||
9 | Section, "community policing volunteer" has the meaning | ||||||
10 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
11 | 2012;
| ||||||
12 | (18) the defendant committed the offense in a nursing | ||||||
13 | home or on the
real
property comprising a nursing home. For | ||||||
14 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
15 | skilled nursing
or intermediate long term care facility | ||||||
16 | that is subject to license by the
Illinois Department of | ||||||
17 | Public Health under the Nursing Home Care
Act, the | ||||||
18 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
19 | ID/DD Community Care Act, or the MC/DD Act;
| ||||||
20 | (19) the defendant was a federally licensed firearm | ||||||
21 | dealer
and
was
previously convicted of a violation of | ||||||
22 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
23 | Identification Card Act and has now committed either a | ||||||
24 | felony
violation
of the Firearm Owners Identification Card | ||||||
25 | Act or an act of armed violence while
armed
with a firearm; | ||||||
26 | (20) the defendant (i) committed the offense of |
| |||||||
| |||||||
1 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
3 | under the influence of alcohol, other drug or
drugs, | ||||||
4 | intoxicating compound or compounds or any combination | ||||||
5 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
6 | or a similar provision of a local ordinance and (ii) was | ||||||
7 | operating a motor vehicle in excess of 20 miles per hour | ||||||
8 | over the posted speed limit as provided in Article VI of | ||||||
9 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
10 | (21) the defendant (i) committed the offense of | ||||||
11 | reckless driving or aggravated reckless driving under | ||||||
12 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
13 | operating a motor vehicle in excess of 20 miles per hour | ||||||
14 | over the posted speed limit as provided in Article VI of | ||||||
15 | Chapter 11 of the Illinois Vehicle Code; | ||||||
16 | (22) the defendant committed the offense against a | ||||||
17 | person that the defendant knew, or reasonably should have | ||||||
18 | known, was a member of the Armed Forces of the United | ||||||
19 | States serving on active duty. For purposes of this clause | ||||||
20 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
21 | of the United States, including a member of any reserve | ||||||
22 | component thereof or National Guard unit called to active | ||||||
23 | duty;
| ||||||
24 | (23)
the defendant committed the offense against a | ||||||
25 | person who was elderly or infirm or who was a person with a | ||||||
26 | disability by taking advantage of a family or fiduciary |
| |||||||
| |||||||
1 | relationship with the elderly or infirm person or person | ||||||
2 | with a disability;
| ||||||
3 | (24)
the defendant committed any offense under Section | ||||||
4 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
5 | of 2012 and possessed 100 or more images;
| ||||||
6 | (25) the defendant committed the offense while the | ||||||
7 | defendant or the victim was in a train, bus, or other | ||||||
8 | vehicle used for public transportation; | ||||||
9 | (26) the defendant committed the offense of child | ||||||
10 | pornography or aggravated child pornography, specifically | ||||||
11 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
12 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
13 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
14 | solicited for, depicted in, or posed in any act of sexual | ||||||
15 | penetration or bound, fettered, or subject to sadistic, | ||||||
16 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
17 | and specifically including paragraph (1), (2), (3), (4), | ||||||
18 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
19 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
20 | engaged in, solicited for, depicted in, or posed in any act | ||||||
21 | of sexual penetration or bound, fettered, or subject to | ||||||
22 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
23 | sexual context; | ||||||
24 | (27) the defendant committed the offense of first | ||||||
25 | degree murder, assault, aggravated assault, battery, | ||||||
26 | aggravated battery, robbery, armed robbery, or aggravated |
| |||||||
| |||||||
1 | robbery against a person who was a veteran and the | ||||||
2 | defendant knew, or reasonably should have known, that the | ||||||
3 | person was a veteran performing duties as a representative | ||||||
4 | of a veterans' organization. For the purposes of this | ||||||
5 | paragraph (27), "veteran" means an Illinois resident who | ||||||
6 | has served as a member of the United States Armed Forces, a | ||||||
7 | member of the Illinois National Guard, or a member of the | ||||||
8 | United States Reserve Forces; and "veterans' organization" | ||||||
9 | means an organization comprised of members of
which | ||||||
10 | substantially all are individuals who are veterans or | ||||||
11 | spouses,
widows, or widowers of veterans, the primary | ||||||
12 | purpose of which is to
promote the welfare of its members | ||||||
13 | and to provide assistance to the general
public in such a | ||||||
14 | way as to confer a public benefit; | ||||||
15 | (28) the defendant committed the offense of assault, | ||||||
16 | aggravated assault, battery, aggravated battery, robbery, | ||||||
17 | armed robbery, or aggravated robbery against a person that | ||||||
18 | the defendant knew or reasonably should have known was a | ||||||
19 | letter carrier or postal worker while that person was | ||||||
20 | performing his or her duties delivering mail for the United | ||||||
21 | States Postal Service; | ||||||
22 | (29) the defendant committed the offense of criminal | ||||||
23 | sexual assault, aggravated criminal sexual assault, | ||||||
24 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
25 | against a victim with an intellectual disability, and the | ||||||
26 | defendant holds a position of trust, authority, or |
| |||||||
| |||||||
1 | supervision in relation to the victim; | ||||||
2 | (30) the defendant committed the offense of promoting | ||||||
3 | juvenile prostitution, patronizing a prostitute, or | ||||||
4 | patronizing a minor engaged in prostitution and at the time | ||||||
5 | of the commission of the offense knew that the prostitute | ||||||
6 | or minor engaged in prostitution was in the custody or | ||||||
7 | guardianship of the Department of Children and Family | ||||||
8 | Services; | ||||||
9 | (31) the defendant (i) committed the offense of driving | ||||||
10 | while under the influence of alcohol, other drug or drugs, | ||||||
11 | intoxicating compound or compounds or any combination | ||||||
12 | thereof in violation of Section 11-501 of the Illinois | ||||||
13 | Vehicle Code or a similar provision of a local ordinance | ||||||
14 | and (ii) the defendant during the commission of the offense | ||||||
15 | was driving his or her vehicle upon a roadway designated | ||||||
16 | for one-way traffic in the opposite direction of the | ||||||
17 | direction indicated by official traffic control devices; | ||||||
18 | or | ||||||
19 | (32) the defendant committed the offense of reckless | ||||||
20 | homicide while committing a violation of Section 11-907 of | ||||||
21 | the Illinois Vehicle Code ; . | ||||||
22 | (33) (32) the defendant was found guilty of an | ||||||
23 | administrative infraction related to an act or acts of | ||||||
24 | public indecency or sexual misconduct in the penal | ||||||
25 | institution. In this paragraph (33) (32) , "penal | ||||||
26 | institution" has the same meaning as in Section 2-14 of the |
| |||||||
| |||||||
1 | Criminal Code of 2012 ; or . | ||||||
2 | (34) (32) the defendant committed the offense of | ||||||
3 | leaving the scene of an accident in violation of subsection | ||||||
4 | (b) of Section 11-401 of the Illinois Vehicle Code and the | ||||||
5 | accident resulted in the death of a person and at the time | ||||||
6 | of the offense, the defendant was: (i) driving under the | ||||||
7 | influence of alcohol, other drug or drugs, intoxicating | ||||||
8 | compound or compounds or any combination thereof as defined | ||||||
9 | by Section 11-501 of the Illinois Vehicle Code; or (ii) | ||||||
10 | operating the motor vehicle while using an electronic | ||||||
11 | communication device as defined in Section 12-610.2 of the | ||||||
12 | Illinois Vehicle Code. | ||||||
13 | For the purposes of this Section:
| ||||||
14 | "School" is defined as a public or private
elementary or | ||||||
15 | secondary school, community college, college, or university.
| ||||||
16 | "Day care center" means a public or private State certified | ||||||
17 | and
licensed day care center as defined in Section 2.09 of the | ||||||
18 | Child Care Act of
1969 that displays a sign in plain view | ||||||
19 | stating that the
property is a day care center.
| ||||||
20 | "Intellectual disability" means significantly subaverage | ||||||
21 | intellectual functioning which exists concurrently
with | ||||||
22 | impairment in adaptive behavior. | ||||||
23 | "Public transportation" means the transportation
or | ||||||
24 | conveyance of persons by means available to the general public, | ||||||
25 | and includes paratransit services. | ||||||
26 | "Traffic control devices" means all signs, signals, |
| |||||||
| |||||||
1 | markings, and devices that conform to the Illinois Manual on | ||||||
2 | Uniform Traffic Control Devices, placed or erected by authority | ||||||
3 | of a public body or official having jurisdiction, for the | ||||||
4 | purpose of regulating, warning, or guiding traffic. | ||||||
5 | (b) The following factors, related to all felonies, may be | ||||||
6 | considered by the court as
reasons to impose an extended term | ||||||
7 | sentence under Section 5-8-2
upon any offender:
| ||||||
8 | (1) When a defendant is convicted of any felony, after | ||||||
9 | having
been previously convicted in Illinois or any other | ||||||
10 | jurisdiction of the
same or similar class felony or greater | ||||||
11 | class felony, when such conviction
has occurred within 10 | ||||||
12 | years after the
previous conviction, excluding time spent | ||||||
13 | in custody, and such charges are
separately brought and | ||||||
14 | tried and arise out of different series of acts; or
| ||||||
15 | (2) When a defendant is convicted of any felony and the | ||||||
16 | court
finds that the offense was accompanied by | ||||||
17 | exceptionally brutal
or heinous behavior indicative of | ||||||
18 | wanton cruelty; or
| ||||||
19 | (3) When a defendant is convicted of any felony | ||||||
20 | committed against:
| ||||||
21 | (i) a person under 12 years of age at the time of | ||||||
22 | the offense or such
person's property;
| ||||||
23 | (ii) a person 60 years of age or older at the time | ||||||
24 | of the offense or
such person's property; or
| ||||||
25 | (iii) a person who had a physical disability at the | ||||||
26 | time of the offense or
such person's property; or
|
| |||||||
| |||||||
1 | (4) When a defendant is convicted of any felony and the | ||||||
2 | offense
involved any of the following types of specific | ||||||
3 | misconduct committed as
part of a ceremony, rite, | ||||||
4 | initiation, observance, performance, practice or
activity | ||||||
5 | of any actual or ostensible religious, fraternal, or social | ||||||
6 | group:
| ||||||
7 | (i) the brutalizing or torturing of humans or | ||||||
8 | animals;
| ||||||
9 | (ii) the theft of human corpses;
| ||||||
10 | (iii) the kidnapping of humans;
| ||||||
11 | (iv) the desecration of any cemetery, religious, | ||||||
12 | fraternal, business,
governmental, educational, or | ||||||
13 | other building or property; or
| ||||||
14 | (v) ritualized abuse of a child; or
| ||||||
15 | (5) When a defendant is convicted of a felony other | ||||||
16 | than conspiracy and
the court finds that
the felony was | ||||||
17 | committed under an agreement with 2 or more other persons
| ||||||
18 | to commit that offense and the defendant, with respect to | ||||||
19 | the other
individuals, occupied a position of organizer, | ||||||
20 | supervisor, financier, or any
other position of management | ||||||
21 | or leadership, and the court further finds that
the felony | ||||||
22 | committed was related to or in furtherance of the criminal
| ||||||
23 | activities of an organized gang or was motivated by the | ||||||
24 | defendant's leadership
in an organized gang; or
| ||||||
25 | (6) When a defendant is convicted of an offense | ||||||
26 | committed while using a firearm with a
laser sight attached |
| |||||||
| |||||||
1 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
2 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
3 | Code of
2012; or
| ||||||
4 | (7) When a defendant who was at least 17 years of age | ||||||
5 | at the
time of
the commission of the offense is convicted | ||||||
6 | of a felony and has been previously
adjudicated a | ||||||
7 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
8 | an act
that if committed by an adult would be a Class X or | ||||||
9 | Class 1 felony when the
conviction has occurred within 10 | ||||||
10 | years after the previous adjudication,
excluding time | ||||||
11 | spent in custody; or
| ||||||
12 | (8) When a defendant commits any felony and the | ||||||
13 | defendant used, possessed, exercised control over, or | ||||||
14 | otherwise directed an animal to assault a law enforcement | ||||||
15 | officer engaged in the execution of his or her official | ||||||
16 | duties or in furtherance of the criminal activities of an | ||||||
17 | organized gang in which the defendant is engaged; or
| ||||||
18 | (9) When a defendant commits any felony and the | ||||||
19 | defendant knowingly video or audio records the offense with | ||||||
20 | the intent to disseminate the recording. | ||||||
21 | (c) The following factors may be considered by the court as | ||||||
22 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
23 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
24 | (1) When a defendant is convicted of first degree | ||||||
25 | murder, after having been previously convicted in Illinois | ||||||
26 | of any offense listed under paragraph (c)(2) of Section |
| |||||||
| |||||||
1 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
2 | within 10 years after the previous conviction, excluding | ||||||
3 | time spent in custody, and the charges are separately | ||||||
4 | brought and tried and arise out of different series of | ||||||
5 | acts. | ||||||
6 | (1.5) When a defendant is convicted of first degree | ||||||
7 | murder, after having been previously convicted of domestic | ||||||
8 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
9 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
10 | having been previously convicted of violation of an order | ||||||
11 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
12 | was the protected person. | ||||||
13 | (2) When a defendant is convicted of voluntary | ||||||
14 | manslaughter, second degree murder, involuntary | ||||||
15 | manslaughter, or reckless homicide in which the defendant | ||||||
16 | has been convicted of causing the death of more than one | ||||||
17 | individual. | ||||||
18 | (3) When a defendant is convicted of aggravated | ||||||
19 | criminal sexual assault or criminal sexual assault, when | ||||||
20 | there is a finding that aggravated criminal sexual assault | ||||||
21 | or criminal sexual assault was also committed on the same | ||||||
22 | victim by one or more other individuals, and the defendant | ||||||
23 | voluntarily participated in the crime with the knowledge of | ||||||
24 | the participation of the others in the crime, and the | ||||||
25 | commission of the crime was part of a single course of | ||||||
26 | conduct during which there was no substantial change in the |
| |||||||
| |||||||
1 | nature of the criminal objective. | ||||||
2 | (4) If the victim was under 18 years of age at the time | ||||||
3 | of the commission of the offense, when a defendant is | ||||||
4 | convicted of aggravated criminal sexual assault or | ||||||
5 | predatory criminal sexual assault of a child under | ||||||
6 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
7 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
9 | (5) When a defendant is convicted of a felony violation | ||||||
10 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
12 | finding that the defendant is a member of an organized | ||||||
13 | gang. | ||||||
14 | (6) When a defendant was convicted of unlawful use of | ||||||
15 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
16 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
17 | a weapon that is not readily distinguishable as one of the | ||||||
18 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
19 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
20 | (7) When a defendant is convicted of an offense | ||||||
21 | involving the illegal manufacture of a controlled | ||||||
22 | substance under Section 401 of the Illinois Controlled | ||||||
23 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
24 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
25 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
26 | the illegal possession of explosives and an emergency |
| |||||||
| |||||||
1 | response officer in the performance of his or her duties is | ||||||
2 | killed or injured at the scene of the offense while | ||||||
3 | responding to the emergency caused by the commission of the | ||||||
4 | offense. In this paragraph, "emergency" means a situation | ||||||
5 | in which a person's life, health, or safety is in jeopardy; | ||||||
6 | and "emergency response officer" means a peace officer, | ||||||
7 | community policing volunteer, fireman, emergency medical | ||||||
8 | technician-ambulance, emergency medical | ||||||
9 | technician-intermediate, emergency medical | ||||||
10 | technician-paramedic, ambulance driver, other medical | ||||||
11 | assistance or first aid personnel, or hospital emergency | ||||||
12 | room personnel.
| ||||||
13 | (8) When the defendant is convicted of attempted mob | ||||||
14 | action, solicitation to commit mob action, or conspiracy to | ||||||
15 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
16 | Criminal Code of 2012, where the criminal object is a | ||||||
17 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
18 | an electronic communication is used in the commission of | ||||||
19 | the offense. For the purposes of this paragraph (8), | ||||||
20 | "electronic communication" shall have the meaning provided | ||||||
21 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
22 | (d) For the purposes of this Section, "organized gang" has | ||||||
23 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
24 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
25 | (e) The court may impose an extended term sentence under | ||||||
26 | Article 4.5 of Chapter V upon an offender who has been |
| |||||||
| |||||||
1 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
2 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
3 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
4 | when the victim of the offense is under 18 years of age at the | ||||||
5 | time of the commission of the offense and, during the | ||||||
6 | commission of the offense, the victim was under the influence | ||||||
7 | of alcohol, regardless of whether or not the alcohol was | ||||||
8 | supplied by the offender; and the offender, at the time of the | ||||||
9 | commission of the offense, knew or should have known that the | ||||||
10 | victim had consumed alcohol. | ||||||
11 | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | ||||||
12 | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
| ||||||
13 | (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| ||||||
14 | Sec. 5-6-4. Violation, Modification or Revocation of | ||||||
15 | Probation, of
Conditional Discharge or Supervision or of a | ||||||
16 | sentence of county impact
incarceration - Hearing.
| ||||||
17 | (a) Except in cases where
conditional discharge or | ||||||
18 | supervision was imposed for a petty offense as
defined in | ||||||
19 | Section 5-1-17, when a petition is filed charging a violation | ||||||
20 | of
a condition, the court may:
| ||||||
21 | (1) in the case of probation violations, order the | ||||||
22 | issuance of a notice
to the offender to be present by the | ||||||
23 | County Probation Department or such
other agency | ||||||
24 | designated by the court to handle probation matters; and in
| ||||||
25 | the case of conditional discharge or supervision |
| |||||||
| |||||||
1 | violations, such notice
to the offender shall be issued by | ||||||
2 | the Circuit Court Clerk;
and in the case of a violation of | ||||||
3 | a sentence of county impact incarceration,
such notice | ||||||
4 | shall be issued by the Sheriff;
| ||||||
5 | (2) order a summons to the offender to be present for | ||||||
6 | hearing; or
| ||||||
7 | (3) order a warrant for the offender's arrest where | ||||||
8 | there is danger of
his fleeing the jurisdiction or causing | ||||||
9 | serious harm to others or when the
offender fails to answer | ||||||
10 | a summons or notice from the clerk of the court or
Sheriff.
| ||||||
11 | Personal service of the petition for violation of probation | ||||||
12 | or
the issuance of such warrant, summons or notice shall toll | ||||||
13 | the period of
probation, conditional discharge, supervision, | ||||||
14 | or sentence of
county impact incarceration until
the final | ||||||
15 | determination of the charge, and the term of probation,
| ||||||
16 | conditional discharge, supervision, or sentence of county | ||||||
17 | impact
incarceration shall not run until the hearing and
| ||||||
18 | disposition of the petition for violation.
| ||||||
19 | (b) The court shall conduct a hearing of the alleged | ||||||
20 | violation. The
court shall admit the offender to pretrial | ||||||
21 | release bail pending the hearing unless the
alleged violation | ||||||
22 | is itself a criminal offense in which case the
offender shall | ||||||
23 | be admitted to pretrial release bail on such terms as are | ||||||
24 | provided in the
Code of Criminal Procedure of 1963, as amended. | ||||||
25 | In any case where an
offender remains incarcerated only as a | ||||||
26 | result of his alleged violation of
the court's earlier order of |
| |||||||
| |||||||
1 | probation, supervision, conditional
discharge, or county | ||||||
2 | impact incarceration such hearing shall be held within
14 days | ||||||
3 | of the onset of
said incarceration, unless the alleged | ||||||
4 | violation is the commission of
another offense by the offender | ||||||
5 | during the period of probation, supervision
or conditional | ||||||
6 | discharge in which case such hearing shall be held within
the | ||||||
7 | time limits described in Section 103-5 of the Code of Criminal
| ||||||
8 | Procedure of 1963, as amended.
| ||||||
9 | (c) The State has the burden of going forward with the | ||||||
10 | evidence and
proving the violation by the preponderance of the | ||||||
11 | evidence. The evidence
shall be presented in open court with | ||||||
12 | the right of confrontation,
cross-examination, and | ||||||
13 | representation by counsel.
| ||||||
14 | (d) Probation, conditional discharge, periodic | ||||||
15 | imprisonment and
supervision shall not be revoked for failure | ||||||
16 | to comply with conditions
of a sentence or supervision, which | ||||||
17 | imposes financial obligations upon the
offender unless such | ||||||
18 | failure is due to his willful refusal to pay.
| ||||||
19 | (e) If the court finds that the offender has violated a | ||||||
20 | condition at
any time prior to the expiration or termination of | ||||||
21 | the period, it may
continue him on the existing sentence, with | ||||||
22 | or without modifying or
enlarging the conditions, or may impose | ||||||
23 | any other sentence that was
available under Article 4.5 of | ||||||
24 | Chapter V of this Code or Section 11-501 of the Illinois | ||||||
25 | Vehicle Code at the time of initial sentencing.
If the court | ||||||
26 | finds that the person has failed to successfully complete his |
| |||||||
| |||||||
1 | or
her sentence to a county impact incarceration program, the | ||||||
2 | court may impose any
other sentence that was available under | ||||||
3 | Article 4.5 of Chapter V of this Code or Section 11-501 of the | ||||||
4 | Illinois Vehicle Code at the time of initial
sentencing,
except | ||||||
5 | for a sentence of probation or conditional discharge. If the | ||||||
6 | court finds that the offender has violated paragraph (8.6) of | ||||||
7 | subsection (a) of Section 5-6-3, the court shall revoke the | ||||||
8 | probation of the offender. If the court finds that the offender | ||||||
9 | has violated subsection (o) of Section 5-6-3.1, the court shall | ||||||
10 | revoke the supervision of the offender.
| ||||||
11 | (f) The conditions of probation, of conditional discharge, | ||||||
12 | of
supervision, or of a sentence of county impact incarceration | ||||||
13 | may be
modified by the court on motion of the supervising | ||||||
14 | agency or on its own motion or at the request of the offender | ||||||
15 | after
notice and a hearing.
| ||||||
16 | (g) A judgment revoking supervision, probation, | ||||||
17 | conditional
discharge, or a sentence of county impact | ||||||
18 | incarceration is a final
appealable order.
| ||||||
19 | (h) Resentencing after revocation of probation, | ||||||
20 | conditional
discharge, supervision, or a sentence of county | ||||||
21 | impact
incarceration shall be under Article 4. The term on
| ||||||
22 | probation, conditional discharge or supervision shall not be | ||||||
23 | credited by
the court against a sentence of imprisonment or | ||||||
24 | periodic imprisonment
unless the court orders otherwise. The | ||||||
25 | amount of credit to be applied against a sentence of | ||||||
26 | imprisonment or periodic imprisonment when the defendant |
| |||||||
| |||||||
1 | served a term or partial term of periodic imprisonment shall be | ||||||
2 | calculated upon the basis of the actual days spent in | ||||||
3 | confinement rather than the duration of the term.
| ||||||
4 | (i) Instead of filing a violation of probation, conditional | ||||||
5 | discharge,
supervision, or a sentence of county impact | ||||||
6 | incarceration, an agent or
employee of the
supervising agency | ||||||
7 | with the concurrence of his or
her
supervisor may serve on the | ||||||
8 | defendant a Notice of Intermediate Sanctions.
The
Notice shall | ||||||
9 | contain the technical violation or violations involved, the | ||||||
10 | date
or dates of the violation or violations, and the | ||||||
11 | intermediate sanctions to be
imposed. Upon receipt of the | ||||||
12 | Notice, the defendant shall immediately accept or
reject the | ||||||
13 | intermediate sanctions. If the sanctions are accepted, they | ||||||
14 | shall
be imposed immediately. If the intermediate sanctions are | ||||||
15 | rejected or the
defendant does not respond to the Notice, a | ||||||
16 | violation of probation, conditional
discharge, supervision, or | ||||||
17 | a sentence of county impact incarceration
shall be immediately | ||||||
18 | filed with the court. The
State's Attorney and the sentencing | ||||||
19 | court shall be notified of the Notice of
Sanctions. Upon | ||||||
20 | successful completion of the intermediate sanctions, a court
| ||||||
21 | may not revoke probation, conditional discharge, supervision, | ||||||
22 | or a
sentence of county impact incarceration or impose
| ||||||
23 | additional sanctions for the same violation.
A notice of | ||||||
24 | intermediate sanctions may not be issued for any violation of
| ||||||
25 | probation, conditional discharge, supervision, or a sentence | ||||||
26 | of county
impact incarceration which could warrant an
|
| |||||||
| |||||||
1 | additional, separate felony charge.
The intermediate sanctions | ||||||
2 | shall include a term of home detention as provided
in Article | ||||||
3 | 8A of Chapter V of this Code for multiple or repeat violations | ||||||
4 | of
the terms and conditions of a sentence of probation, | ||||||
5 | conditional discharge, or
supervision. | ||||||
6 | (j) When an offender is re-sentenced after revocation of | ||||||
7 | probation that was imposed in combination with a sentence of | ||||||
8 | imprisonment for the same offense, the aggregate of the | ||||||
9 | sentences may not exceed the maximum term authorized under | ||||||
10 | Article 4.5 of Chapter V.
| ||||||
11 | (k)(1) On and after the effective date of this amendatory | ||||||
12 | Act of the 101st General Assembly, this subsection (k) shall | ||||||
13 | apply to arrest warrants in Cook County only. An arrest
warrant | ||||||
14 | issued under paragraph (3) of subsection (a) when the | ||||||
15 | underlying conviction is for the offense of theft, retail | ||||||
16 | theft, or possession of a controlled substance shall
remain | ||||||
17 | active for a period not to exceed 10 years from the date the | ||||||
18 | warrant was issued unless a motion to extend the warrant is | ||||||
19 | filed by the office of the State's Attorney or by, or on behalf | ||||||
20 | of, the agency supervising the wanted person. A motion to
| ||||||
21 | extend the warrant shall be filed within one year before the | ||||||
22 | warrant expiration date
and notice shall be provided to the
| ||||||
23 | office of the sheriff. | ||||||
24 | (2) If a motion to extend a warrant issued under paragraph | ||||||
25 | (3)
of subsection (a) is not filed,
the warrant shall be | ||||||
26 | quashed and recalled as a
matter of law under paragraph (1) of |
| |||||||
| |||||||
1 | this subsection (k) and
the wanted person's period of | ||||||
2 | probation, conditional
discharge, or supervision shall | ||||||
3 | terminate unsatisfactorily as
a matter of law. | ||||||
4 | (Source: P.A. 101-406, eff. 1-1-20 .)
| ||||||
5 | (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1) | ||||||
6 | Sec. 5-6-4.1. Violation, Modification or Revocation of
| ||||||
7 | Conditional Discharge or Supervision - Hearing.)
| ||||||
8 | (a) In cases where a defendant was placed upon supervision | ||||||
9 | or conditional
discharge for the commission of a petty offense, | ||||||
10 | upon the oral or written
motion of the State, or on the court's | ||||||
11 | own motion, which charges that a
violation of a condition of | ||||||
12 | that conditional discharge or supervision has
occurred, the | ||||||
13 | court may:
| ||||||
14 | (1) Conduct a hearing instanter if the offender is | ||||||
15 | present in court;
| ||||||
16 | (2) Order the issuance by the court clerk of a notice | ||||||
17 | to the offender
to be present for a hearing for violation;
| ||||||
18 | (3) Order summons to the offender to be present; or
| ||||||
19 | (4) Order a warrant for the offender's arrest.
| ||||||
20 | The oral motion, if the defendant is present, or the | ||||||
21 | issuance of such warrant,
summons or notice shall toll the | ||||||
22 | period of conditional discharge or supervision
until the final | ||||||
23 | determination of the charge, and the term of conditional
| ||||||
24 | discharge or supervision shall not run until the hearing and | ||||||
25 | disposition
of the petition for violation.
|
| |||||||
| |||||||
1 | (b) The Court shall admit the offender to pretrial release | ||||||
2 | bail pending the hearing.
| ||||||
3 | (c) The State has the burden of going forward with the | ||||||
4 | evidence and
proving the violation by the preponderance of the | ||||||
5 | evidence. The evidence
shall be presented in open court with | ||||||
6 | the right of confrontation,
cross-examination, and | ||||||
7 | representation by counsel.
| ||||||
8 | (d) Conditional discharge or supervision shall not be | ||||||
9 | revoked for failure
to comply with the conditions of the | ||||||
10 | discharge or supervision which imposed
financial obligations | ||||||
11 | upon the offender unless such failure is due to his
wilful | ||||||
12 | refusal to pay.
| ||||||
13 | (e) If the court finds that the offender has violated a | ||||||
14 | condition at
any time prior to the expiration or termination of | ||||||
15 | the period, it may
continue him on the existing sentence or | ||||||
16 | supervision with or without modifying
or
enlarging the | ||||||
17 | conditions, or may impose any other sentence that was
available | ||||||
18 | under Article 4.5 of Chapter V
of this Code or Section 11-501 | ||||||
19 | of the Illinois
Vehicle Code at the time of initial sentencing.
| ||||||
20 | (f) The conditions of conditional discharge and of
| ||||||
21 | supervision may be modified by the court on motion of the | ||||||
22 | probation
officer or on its own motion or at the request of the | ||||||
23 | offender after
notice to the defendant and a hearing.
| ||||||
24 | (g) A judgment revoking supervision is a final appealable | ||||||
25 | order.
| ||||||
26 | (h) Resentencing after revocation of conditional
discharge |
| |||||||
| |||||||
1 | or of supervision shall be under Article 4. Time served on
| ||||||
2 | conditional discharge or supervision shall be credited by
the | ||||||
3 | court against a sentence of imprisonment or periodic | ||||||
4 | imprisonment
unless the court orders otherwise.
| ||||||
5 | (Source: P.A. 95-1052, eff. 7-1-09 .)
| ||||||
6 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| ||||||
7 | Sec. 5-8-4. Concurrent and consecutive terms of | ||||||
8 | imprisonment.
| ||||||
9 | (a) (Blank). Concurrent terms; multiple or additional | ||||||
10 | sentences. When an Illinois court (i) imposes multiple | ||||||
11 | sentences of imprisonment on a defendant at the same time or | ||||||
12 | (ii) imposes a sentence of imprisonment on a defendant who is | ||||||
13 | already subject to a sentence of imprisonment imposed by an | ||||||
14 | Illinois court, a court of another state, or a federal court, | ||||||
15 | then the sentences shall run concurrently unless otherwise | ||||||
16 | determined by the Illinois court under this Section. | ||||||
17 | (b) (Blank). Concurrent terms; misdemeanor and felony. A | ||||||
18 | defendant serving a sentence for a
misdemeanor who is convicted | ||||||
19 | of a felony and sentenced to imprisonment shall be transferred | ||||||
20 | to the Department of Corrections, and the misdemeanor sentence | ||||||
21 | shall be merged in and run concurrently with the felony | ||||||
22 | sentence. | ||||||
23 | (c) Consecutive terms; permissive. The court may impose | ||||||
24 | consecutive sentences in any of the following circumstances: | ||||||
25 | (1) If, having regard to the nature and circumstances |
| |||||||
| |||||||
1 | of the offense and the history
and character of the | ||||||
2 | defendant, it is the opinion of the court that consecutive | ||||||
3 | sentences are
required to protect the public from further | ||||||
4 | criminal conduct by the defendant, the basis for which the | ||||||
5 | court shall set forth in the record. | ||||||
6 | (2) If one of the offenses for which a defendant was | ||||||
7 | convicted was a violation of
Section 32-5.2 (aggravated | ||||||
8 | false personation of a peace officer) of the Criminal Code | ||||||
9 | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision | ||||||
10 | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of | ||||||
11 | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the | ||||||
12 | offense was committed in attempting or committing a | ||||||
13 | forcible felony.
| ||||||
14 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
15 | consecutive sentences in each of the following circumstances: | ||||||
16 | (1) One of the offenses for which the defendant was | ||||||
17 | convicted was first degree
murder or a Class X or Class 1 | ||||||
18 | felony and the defendant inflicted severe bodily injury. | ||||||
19 | (2) The defendant was convicted of a violation of | ||||||
20 | Section 11-1.20 or 12-13 (criminal sexual
assault), | ||||||
21 | 11-1.30 or 12-14 (aggravated criminal sexual assault), or | ||||||
22 | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | ||||||
23 | child) of the Criminal Code of 1961 or the Criminal Code of | ||||||
24 | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, | ||||||
25 | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or | ||||||
26 | 5/12-14.1). |
| |||||||
| |||||||
1 | (2.5) The defendant was convicted of a violation of | ||||||
2 | paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) | ||||||
3 | of Section 11-20.1 (child pornography) or of paragraph (1), | ||||||
4 | (2), (3), (4), (5), or (7) of subsection (a) of Section | ||||||
5 | 11-20.1B or 11-20.3 (aggravated child pornography) of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012; or the | ||||||
7 | defendant was convicted of a violation of paragraph (6) of | ||||||
8 | subsection (a) of Section 11-20.1 (child pornography) or of | ||||||
9 | paragraph (6) of subsection (a) of Section 11-20.1B or | ||||||
10 | 11-20.3 (aggravated child pornography) of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012, when the child | ||||||
12 | depicted is under the age of 13. | ||||||
13 | (3) The defendant was convicted of armed violence based | ||||||
14 | upon the predicate
offense of any of the following: | ||||||
15 | solicitation of murder, solicitation of murder for hire, | ||||||
16 | heinous battery as described in Section 12-4.1 or | ||||||
17 | subdivision (a)(2) of Section 12-3.05, aggravated battery | ||||||
18 | of a senior citizen as described in Section 12-4.6 or | ||||||
19 | subdivision (a)(4) of Section 12-3.05, criminal sexual | ||||||
20 | assault, a violation of subsection (g) of Section 5 of the | ||||||
21 | Cannabis Control Act (720 ILCS 550/5), cannabis | ||||||
22 | trafficking, a violation of subsection (a) of Section 401 | ||||||
23 | of the Illinois Controlled Substances Act (720 ILCS | ||||||
24 | 570/401), controlled substance trafficking involving a | ||||||
25 | Class X felony amount of controlled substance under Section | ||||||
26 | 401 of the Illinois Controlled Substances Act (720 ILCS |
| |||||||
| |||||||
1 | 570/401), a violation of the Methamphetamine Control and | ||||||
2 | Community Protection Act (720 ILCS 646/), calculated | ||||||
3 | criminal drug conspiracy, or streetgang criminal drug | ||||||
4 | conspiracy. | ||||||
5 | (4) The defendant was convicted of the offense of | ||||||
6 | leaving the scene of a motor
vehicle accident involving | ||||||
7 | death or personal injuries under Section 11-401 of the | ||||||
8 | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | ||||||
9 | aggravated driving under the influence of alcohol, other | ||||||
10 | drug or drugs, or intoxicating compound or compounds, or | ||||||
11 | any combination thereof under Section 11-501 of the | ||||||
12 | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | ||||||
13 | homicide under Section 9-3 of the Criminal Code of 1961 or | ||||||
14 | the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an | ||||||
15 | offense described in item (A) and an offense described in | ||||||
16 | item (B). | ||||||
17 | (5) The defendant was convicted of a violation of | ||||||
18 | Section 9-3.1 or Section 9-3.4 (concealment of homicidal | ||||||
19 | death) or Section 12-20.5 (dismembering a human body) of | ||||||
20 | the Criminal Code of 1961 or the Criminal Code of 2012 (720 | ||||||
21 | ILCS 5/9-3.1 or 5/12-20.5). | ||||||
22 | (5.5) The defendant was convicted of a violation of | ||||||
23 | Section 24-3.7 (use of a stolen firearm in the commission | ||||||
24 | of an offense) of the Criminal Code of 1961 or the Criminal | ||||||
25 | Code of 2012. | ||||||
26 | (6) If the defendant was in the custody of the |
| |||||||
| |||||||
1 | Department of Corrections at the
time of the commission of | ||||||
2 | the offense, the sentence shall be served consecutive to | ||||||
3 | the sentence under which the defendant is held by the | ||||||
4 | Department of Corrections. If, however, the defendant is | ||||||
5 | sentenced to punishment by death, the sentence shall be | ||||||
6 | executed at such time as the court may fix without regard | ||||||
7 | to the sentence under which the defendant may be held by | ||||||
8 | the Department. | ||||||
9 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||||||
10 | for escape or attempted escape shall be served
consecutive | ||||||
11 | to the terms under which the offender is held by the | ||||||
12 | Department of Corrections. | ||||||
13 | (8) If a person charged with a felony commits a | ||||||
14 | separate felony while on pretrial
release or in pretrial | ||||||
15 | detention in a county jail facility or county detention | ||||||
16 | facility, then the sentences imposed upon conviction of | ||||||
17 | these felonies may shall be served consecutively | ||||||
18 | regardless of the order in which the judgments of | ||||||
19 | conviction are entered. | ||||||
20 | (8.5) If a person commits a battery against a county | ||||||
21 | correctional officer or sheriff's employee while serving a | ||||||
22 | sentence or in pretrial detention in a county jail | ||||||
23 | facility, then the sentence imposed upon conviction of the | ||||||
24 | battery may shall be served consecutively with the sentence | ||||||
25 | imposed upon conviction of the earlier misdemeanor or | ||||||
26 | felony, regardless of the order in which the
judgments of |
| |||||||
| |||||||
1 | conviction are entered. | ||||||
2 | (9) If a person admitted to pretrial release bail | ||||||
3 | following conviction of a felony commits a
separate felony | ||||||
4 | while free on pretrial release bond or if a person detained | ||||||
5 | in a county jail facility or county detention facility | ||||||
6 | following conviction of a felony commits a separate felony | ||||||
7 | while in detention, then any sentence following conviction | ||||||
8 | of the separate felony may shall be consecutive to that of | ||||||
9 | the original sentence for which the defendant was on | ||||||
10 | pretrial release bond or detained.
| ||||||
11 | (10) If a person is found to be in possession of an | ||||||
12 | item of contraband, as defined in Section 31A-0.1 of the | ||||||
13 | Criminal Code of 2012, while serving a sentence in a county | ||||||
14 | jail or while in pre-trial detention in a county jail, the | ||||||
15 | sentence imposed upon conviction for the offense of | ||||||
16 | possessing contraband in a penal institution may shall be | ||||||
17 | served consecutively to the sentence imposed for the | ||||||
18 | offense in which the person is serving sentence in the | ||||||
19 | county jail or serving pretrial detention, regardless of | ||||||
20 | the order in which the judgments of conviction are entered. | ||||||
21 | (11) If a person is sentenced for a violation of the | ||||||
22 | conditions of pretrial release bail bond under Section | ||||||
23 | 32-10 of the Criminal Code of 1961 or the Criminal Code of | ||||||
24 | 2012, any sentence imposed for that violation may shall be | ||||||
25 | served
consecutive to the sentence imposed for the charge | ||||||
26 | for which pretrial release bail had been
granted and with |
| |||||||
| |||||||
1 | respect to which the defendant has been convicted. | ||||||
2 | (e) (Blank). Consecutive terms; subsequent non-Illinois | ||||||
3 | term. If an Illinois court has imposed a
sentence of | ||||||
4 | imprisonment on a defendant and the defendant is subsequently | ||||||
5 | sentenced to a term of imprisonment by a court of another state | ||||||
6 | or a federal court, then the Illinois sentence shall run | ||||||
7 | consecutively to the sentence imposed by the court of the other | ||||||
8 | state or the federal court. That same Illinois court, however, | ||||||
9 | may order that the Illinois sentence run concurrently with the | ||||||
10 | sentence imposed by the court of the other state or the federal | ||||||
11 | court, but only if the defendant applies to that same Illinois | ||||||
12 | court within 30 days after the sentence imposed by the court of | ||||||
13 | the other state or the federal court is finalized. | ||||||
14 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
15 | The aggregate maximum
and aggregate minimum of consecutive | ||||||
16 | sentences shall be determined as follows: | ||||||
17 | (1) For sentences imposed under law in effect prior to | ||||||
18 | February 1, 1978, the
aggregate maximum of consecutive | ||||||
19 | sentences shall not exceed the maximum term authorized | ||||||
20 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | ||||||
21 | Chapter V for the 2 most serious felonies involved. The | ||||||
22 | aggregate minimum period of consecutive sentences shall | ||||||
23 | not exceed the highest minimum term authorized under | ||||||
24 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
25 | V for the 2 most serious felonies involved. When sentenced | ||||||
26 | only for misdemeanors, a defendant shall not be |
| |||||||
| |||||||
1 | consecutively sentenced to more than the maximum for one | ||||||
2 | Class A misdemeanor. | ||||||
3 | (2) For sentences imposed under the law in effect on or | ||||||
4 | after February 1, 1978,
the aggregate of consecutive | ||||||
5 | sentences for offenses that were committed as part of a | ||||||
6 | single
course of conduct during which there was no | ||||||
7 | substantial change in the nature of the criminal objective | ||||||
8 | shall not exceed the sum of the maximum terms authorized | ||||||
9 | under Article 4.5 of Chapter V for the 2 most serious | ||||||
10 | felonies involved, but no such limitation shall apply for | ||||||
11 | offenses that were not committed as part of a single course | ||||||
12 | of conduct during which there was no substantial change in | ||||||
13 | the nature of the criminal objective. When sentenced only | ||||||
14 | for misdemeanors, a defendant shall not be consecutively | ||||||
15 | sentenced to more than the maximum for one Class A | ||||||
16 | misdemeanor.
| ||||||
17 | (g) Consecutive terms; manner served. In determining the | ||||||
18 | manner in which consecutive sentences of imprisonment, one or | ||||||
19 | more of which is for a felony, will be served, the Department | ||||||
20 | of Corrections shall treat the defendant as though he or she | ||||||
21 | had been committed for a single term subject to each of the | ||||||
22 | following: | ||||||
23 | (1) The maximum period of a term of imprisonment shall | ||||||
24 | consist of the aggregate
of the maximums of the imposed | ||||||
25 | indeterminate terms, if any, plus the aggregate of the | ||||||
26 | imposed determinate sentences for felonies, plus the |
| |||||||
| |||||||
1 | aggregate of the imposed determinate sentences for | ||||||
2 | misdemeanors, subject to subsection (f) of this Section. | ||||||
3 | (2) The parole or mandatory supervised release term | ||||||
4 | shall be as provided in
paragraph (e) of Section 5-4.5-50 | ||||||
5 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
6 | involved. | ||||||
7 | (3) The minimum period of imprisonment shall be the | ||||||
8 | aggregate of the minimum
and determinate periods of | ||||||
9 | imprisonment imposed by the court, subject to subsection | ||||||
10 | (f) of this Section. | ||||||
11 | (4) The defendant shall be awarded credit against the | ||||||
12 | aggregate maximum term
and the aggregate minimum term of | ||||||
13 | imprisonment for all time served in an institution since | ||||||
14 | the commission of the offense or offenses and as a | ||||||
15 | consequence thereof at the rate specified in
Section 3-6-3 | ||||||
16 | (730 ILCS 5/3-6-3).
| ||||||
17 | (Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13; | ||||||
18 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff. | ||||||
19 | 1-1-14.)
| ||||||
20 | (730 ILCS 5/5-8A-4.1)
| ||||||
21 | Sec. 5-8A-4.1. Escape; failure to comply with a condition | ||||||
22 | of the
electronic monitoring or home detention program. | ||||||
23 | (a) A person charged with or convicted of a felony,
or | ||||||
24 | charged with or adjudicated delinquent for an act which, if | ||||||
25 | committed by an adult, would constitute a felony, conditionally |
| |||||||
| |||||||
1 | released from the supervising authority through an electronic
| ||||||
2 | monitoring or home detention program, who knowingly violates a | ||||||
3 | condition of the
electronic
monitoring or home detention | ||||||
4 | program and remains in violation for at least 48 hours is | ||||||
5 | guilty of a Class A misdemeanor 3 felony .
| ||||||
6 | (b) A person charged with or convicted of a misdemeanor,
or | ||||||
7 | charged with or adjudicated delinquent for an act which, if | ||||||
8 | committed by an adult, would constitute a misdemeanor, | ||||||
9 | conditionally released from the supervising authority through | ||||||
10 | an electronic
monitoring or home detention program, who | ||||||
11 | knowingly violates a condition of the
electronic
monitoring or | ||||||
12 | home detention program and remains in violation for at least 48 | ||||||
13 | hours is guilty of a Class C B misdemeanor.
| ||||||
14 | (c) A person who violates this Section while armed with a | ||||||
15 | dangerous weapon
is guilty of a Class 4 1 felony for the first | ||||||
16 | offense and a Class 3 felony for a second or subsequent | ||||||
17 | offense .
| ||||||
18 | (Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)
| ||||||
19 | (730 ILCS 5/5-8A-7)
| ||||||
20 | Sec. 5-8A-7. Domestic violence surveillance program. If | ||||||
21 | the Prisoner Review Board, Department of Corrections, | ||||||
22 | Department of Juvenile Justice, or court (the supervising | ||||||
23 | authority) orders electronic surveillance as a condition of | ||||||
24 | parole, aftercare release, mandatory supervised release, early | ||||||
25 | release, probation, or conditional discharge for a violation of |
| |||||||
| |||||||
1 | an order of protection or as a condition of pretrial release | ||||||
2 | bail for a person charged with a violation of an order of | ||||||
3 | protection, the supervising authority shall use the best | ||||||
4 | available global positioning technology to track domestic | ||||||
5 | violence offenders. Best available technology must have | ||||||
6 | real-time and interactive capabilities that facilitate the | ||||||
7 | following objectives: (1) immediate notification to the | ||||||
8 | supervising authority of a breach of a court ordered exclusion | ||||||
9 | zone; (2) notification of the breach to the offender; and (3) | ||||||
10 | communication between the supervising authority, law | ||||||
11 | enforcement, and the victim, regarding the breach. The | ||||||
12 | supervising authority may also require that the electronic | ||||||
13 | surveillance ordered under this Section monitor the | ||||||
14 | consumption of alcohol or drugs.
| ||||||
15 | (Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; | ||||||
16 | 100-201, eff. 8-18-17.)
| ||||||
17 | (730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
| ||||||
18 | Sec. 8-2-1. Saving Clause.
| ||||||
19 | The repeal of Acts or parts of Acts enumerated in Section | ||||||
20 | 8-5-1 does
not: (1) affect any offense committed, act done, | ||||||
21 | prosecution pending,
penalty, punishment or forfeiture | ||||||
22 | incurred, or rights, powers or remedies
accrued under any law | ||||||
23 | in effect immediately prior to the effective date of
this Code; | ||||||
24 | (2) impair, avoid, or affect any grant or conveyance made or
| ||||||
25 | right acquired or cause of action then existing under any such |
| |||||||
| |||||||
1 | repealed Act
or amendment thereto; (3) affect or impair the | ||||||
2 | validity of any pretrial release bail or
other bond or other | ||||||
3 | obligation issued or sold and constituting a valid
obligation | ||||||
4 | of the issuing authority immediately prior to the effective | ||||||
5 | date
of this Code; (4) the validity of any contract; or (5) the | ||||||
6 | validity of any
tax levied under any law in effect prior to the | ||||||
7 | effective date of this
Code. The repeal of any validating Act | ||||||
8 | or part thereof shall not avoid the
effect of the validation. | ||||||
9 | No Act repealed by Section 8-5-1 shall repeal any
Act or part | ||||||
10 | thereof which embraces the same or a similar subject matter as
| ||||||
11 | the Act repealed.
| ||||||
12 | (Source: P.A. 78-255.)
| ||||||
13 | Section 120. The Probation and Probation Officers Act is | ||||||
14 | amended by changing Section 18 as follows:
| ||||||
15 | (730 ILCS 110/18) | ||||||
16 | Sec. 18. Probation and court services departments | ||||||
17 | considered pretrial services agencies. For the purposes of | ||||||
18 | administering the provisions of Public Act 95-773, known as the | ||||||
19 | Cindy Bischof Law, all probation and court services departments | ||||||
20 | are to be considered pretrial services agencies under the | ||||||
21 | Pretrial Services Act and under the pretrial release bail bond | ||||||
22 | provisions of the Code of Criminal Procedure of 1963.
| ||||||
23 | (Source: P.A. 96-341, eff. 8-11-09.)
|
| |||||||
| |||||||
1 | Section 125. The County Jail Act is amended by changing | ||||||
2 | Section 5 as follows:
| ||||||
3 | (730 ILCS 125/5) (from Ch. 75, par. 105)
| ||||||
4 | Sec. 5. Costs of maintaining prisoners. | ||||||
5 | (a) Except as provided in subsections (b) and (c), all | ||||||
6 | costs of maintaining persons
committed for violations of | ||||||
7 | Illinois law, shall be the responsibility of the
county. Except | ||||||
8 | as provided in subsection (b), all costs of maintaining
persons | ||||||
9 | committed under any ordinance or resolution of a unit of local
| ||||||
10 | government, including medical costs, is the responsibility of | ||||||
11 | the unit of local
government enacting the ordinance or | ||||||
12 | resolution, and arresting the person.
| ||||||
13 | (b) If a person who is serving a term of mandatory | ||||||
14 | supervised release for a felony is incarcerated in a county | ||||||
15 | jail, the
Illinois Department of Corrections shall pay the | ||||||
16 | county in which that jail is
located one-half of the cost of | ||||||
17 | incarceration, as calculated by the Governor's Office of | ||||||
18 | Management and Budget and the county's chief financial officer, | ||||||
19 | for each day
that the person remains in the county jail after | ||||||
20 | notice of the
incarceration is given to the Illinois Department | ||||||
21 | of
Corrections by the county, provided that (i) the Illinois
| ||||||
22 | Department of Corrections has issued a warrant for an alleged
| ||||||
23 | violation of mandatory supervised release by the person; (ii)
| ||||||
24 | if the person is incarcerated on a new charge, unrelated to the
| ||||||
25 | offense for which he or she is on mandatory supervised release,
|
| |||||||
| |||||||
1 | there has been a court hearing at which the conditions of | ||||||
2 | pretrial release have bail has been set on
the new charge; | ||||||
3 | (iii) the county has notified the Illinois
Department of | ||||||
4 | Corrections that the person is incarcerated in
the county jail, | ||||||
5 | which notice shall not be given until the bail
hearing has | ||||||
6 | concluded, if the person is incarcerated on a new
charge; and | ||||||
7 | (iv) the person remains incarcerated in the county
jail for | ||||||
8 | more than 48 hours after the notice has been given to
the | ||||||
9 | Department of Corrections by the county. Calculation of the per | ||||||
10 | diem cost
shall be agreed upon prior to the passage of the | ||||||
11 | annual State budget.
| ||||||
12 | (c) If a person who is serving a term of mandatory
| ||||||
13 | supervised release is incarcerated in a county jail, following
| ||||||
14 | an arrest on a warrant issued by the Illinois Department of
| ||||||
15 | Corrections, solely for violation of a condition of mandatory
| ||||||
16 | supervised release and not on any new charges for a new
| ||||||
17 | offense, then the Illinois Department of Corrections shall pay
| ||||||
18 | the medical costs incurred by the county in securing treatment
| ||||||
19 | for that person, for any injury or condition other than one
| ||||||
20 | arising out of or in conjunction with the arrest of the person
| ||||||
21 | or resulting from the conduct of county personnel, while he or
| ||||||
22 | she remains in the county jail on the warrant issued by the
| ||||||
23 | Illinois Department of Corrections.
| ||||||
24 | (Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07 .)
| ||||||
25 | Section 130. The County Jail Good Behavior Allowance Act is |
| |||||||
| |||||||
1 | amended by changing Section 3 as follows:
| ||||||
2 | (730 ILCS 130/3) (from Ch. 75, par. 32)
| ||||||
3 | Sec. 3.
The good behavior of any person who commences a | ||||||
4 | sentence of
confinement in a county jail for a fixed term of | ||||||
5 | imprisonment after January 1,
1987 shall entitle such person to | ||||||
6 | a good behavior allowance, except that: (1) a
person who | ||||||
7 | inflicted physical harm upon another person in committing the
| ||||||
8 | offense for which he is confined shall receive no good behavior | ||||||
9 | allowance; and
(2) a person sentenced for an offense for which | ||||||
10 | the law provides a mandatory
minimum sentence shall not receive | ||||||
11 | any portion of a good behavior allowance
that would reduce the | ||||||
12 | sentence below the mandatory minimum; and (3) a person
| ||||||
13 | sentenced to a county impact incarceration program; and (4) a | ||||||
14 | person who is
convicted of criminal sexual assault under | ||||||
15 | subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of | ||||||
16 | Section 12-13
of the Criminal Code of 1961 or the Criminal Code | ||||||
17 | of 2012, criminal sexual abuse, or aggravated criminal
sexual | ||||||
18 | abuse shall receive no good
behavior allowance. The good | ||||||
19 | behavior
allowance provided for in this Section shall not apply | ||||||
20 | to individuals sentenced
for a felony to probation or | ||||||
21 | conditional discharge where a condition of such
probation or | ||||||
22 | conditional discharge is that the individual serve a sentence | ||||||
23 | of
periodic imprisonment or to individuals sentenced under an | ||||||
24 | order of court for
civil contempt.
| ||||||
25 | Such good behavior allowance shall be cumulative and |
| |||||||
| |||||||
1 | awarded as
provided in this Section.
| ||||||
2 | The good behavior allowance rate shall be cumulative and
| ||||||
3 | awarded on the following basis:
| ||||||
4 | The prisoner shall receive one day of good behavior | ||||||
5 | allowance for each
day of service of sentence in the county | ||||||
6 | jail, and one day of good behavior
allowance for each day of | ||||||
7 | incarceration in the county jail before sentencing
for the | ||||||
8 | offense that he or she is currently serving sentence but was | ||||||
9 | unable to
comply with the conditions of pretrial release post | ||||||
10 | bail before sentencing, except that a prisoner serving a | ||||||
11 | sentence of
periodic imprisonment under Section 5-7-1 of the | ||||||
12 | Unified Code of Corrections
shall only be eligible to receive | ||||||
13 | good behavior allowance if authorized by the
sentencing judge. | ||||||
14 | Each day of good behavior allowance shall reduce by one day
the | ||||||
15 | prisoner's period of incarceration set by the court. For the | ||||||
16 | purpose of
calculating a prisoner's good behavior allowance, a | ||||||
17 | fractional part of a day
shall not be calculated as a day of | ||||||
18 | service of sentence in the county jail
unless the fractional | ||||||
19 | part of the day is over 12 hours in which case a whole
day shall | ||||||
20 | be credited on the good behavior allowance.
| ||||||
21 | If consecutive sentences are served and the time served | ||||||
22 | amounts to a
total of one year or more, the good behavior | ||||||
23 | allowance shall be calculated
on a continuous basis throughout | ||||||
24 | the entire time served beginning on the
first date of sentence | ||||||
25 | or incarceration, as the case may be.
| ||||||
26 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
| |||||||
| |||||||
1 | Section 135. The Code of Civil Procedure is amended by | ||||||
2 | changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and | ||||||
3 | 21-103 as follows:
| ||||||
4 | (735 ILCS 5/10-106) (from Ch. 110, par. 10-106)
| ||||||
5 | Sec. 10-106. Grant of relief - Penalty. Unless it shall | ||||||
6 | appear from the
complaint itself, or from the
documents thereto | ||||||
7 | annexed, that the party can neither be discharged,
admitted to | ||||||
8 | pretrial release bail nor otherwise relieved, the court shall
| ||||||
9 | forthwith award relief by habeas corpus. Any judge empowered to | ||||||
10 | grant relief
by habeas corpus who shall corruptly refuse to | ||||||
11 | grant
the relief when legally applied for in a case where it | ||||||
12 | may lawfully be granted, or
who shall for the purpose of | ||||||
13 | oppression unreasonably delay the granting
of such relief | ||||||
14 | shall, for every such offense, forfeit to the prisoner or
party | ||||||
15 | affected a sum not exceeding $1,000.
| ||||||
16 | (Source: P.A. 83-707.)
| ||||||
17 | (735 ILCS 5/10-125) (from Ch. 110, par. 10-125)
| ||||||
18 | Sec. 10-125. New commitment. In all cases where the | ||||||
19 | imprisonment is
for a criminal, or
supposed criminal matter, if | ||||||
20 | it appears to the court that there
is sufficient legal cause | ||||||
21 | for the commitment of the prisoner, although
such commitment | ||||||
22 | may have been informally made, or without due authority,
or the | ||||||
23 | process may have been executed by a person not duly authorized,
|
| |||||||
| |||||||
1 | the court shall make a new commitment in proper form, and
| ||||||
2 | direct it to the proper officer, or admit the party to pretrial | ||||||
3 | release bail if the case
is eligible for pretrial release | ||||||
4 | bailable . The court shall also, when necessary, take the
| ||||||
5 | recognizance of all material witnesses against the prisoner, as | ||||||
6 | in other
cases. The recognizances shall be in the form provided | ||||||
7 | by law, and
returned as other recognizances. If any judge shall | ||||||
8 | neglect or refuse to
bind any such prisoner or witness by | ||||||
9 | recognizance, or to return a
recognizance when taken as | ||||||
10 | hereinabove stated, he or she shall be guilty of a
Class A | ||||||
11 | misdemeanor in office, and be proceeded against accordingly.
| ||||||
12 | (Source: P.A. 82-280.)
| ||||||
13 | (735 ILCS 5/10-127) (from Ch. 110, par. 10-127)
| ||||||
14 | Sec. 10-127. Grant of habeas corpus. It is not lawful for | ||||||
15 | any court, on a second
order of habeas corpus obtained by such | ||||||
16 | prisoner, to discharge the prisoner,
if he or she is clearly | ||||||
17 | and specifically charged in the warrant of
commitment with a | ||||||
18 | criminal offense; but the court shall,
on the return of such | ||||||
19 | second order, have power only to admit such
prisoner to | ||||||
20 | pretrial release bail where the offense is eligible for | ||||||
21 | pretrial release bailable by law, or remand him or
her to | ||||||
22 | prison where the offense is not eligible for pretrial release | ||||||
23 | bailable , or being eligible for pretrial release bailable , | ||||||
24 | where such
prisoner fails to comply with the terms of pretrial | ||||||
25 | release give the bail required .
|
| |||||||
| |||||||
1 | (Source: P.A. 82-280.)
| ||||||
2 | (735 ILCS 5/10-135) (from Ch. 110, par. 10-135)
| ||||||
3 | Sec. 10-135. Habeas corpus to testify. The several courts | ||||||
4 | having authority
to grant relief by habeas
corpus, may enter | ||||||
5 | orders, when necessary, to bring before them any
prisoner to | ||||||
6 | testify, or to be surrendered in discharge of pretrial release | ||||||
7 | bail , or for
trial upon any criminal charge lawfully pending in | ||||||
8 | the same court or to
testify in a criminal proceeding in | ||||||
9 | another state as provided for by
Section 2 of the "Uniform Act | ||||||
10 | to secure the attendance of witnesses from
within or without a | ||||||
11 | state in criminal proceedings", approved July 23,
1959, as | ||||||
12 | heretofore or hereafter amended; and the order may be directed | ||||||
13 | to any
county in the State, and there be served and returned by | ||||||
14 | any officer
to whom it is directed.
| ||||||
15 | (Source: P.A. 82-280.)
| ||||||
16 | (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
| ||||||
17 | Sec. 10-136. Prisoner remanded or punished. After a | ||||||
18 | prisoner has given
his or her testimony, or been
surrendered, | ||||||
19 | or his or her pretrial release bail discharged, or he or she | ||||||
20 | has been tried
for the crime with which he or she is charged, | ||||||
21 | he or she shall be returned
to the jail or other place of | ||||||
22 | confinement from which he or she was taken
for that purpose.
If | ||||||
23 | such prisoner is convicted of a crime punishable with death
or | ||||||
24 | imprisonment in the penitentiary, he or she may be punished |
| |||||||
| |||||||
1 | accordingly; but
in any case where the prisoner has been taken | ||||||
2 | from the
penitentiary, and his or her punishment is by | ||||||
3 | imprisonment, the time of such
imprisonment shall not commence | ||||||
4 | to run until the expiration of the time
of service under any | ||||||
5 | former sentence.
| ||||||
6 | (Source: P.A. 82-280.)
| ||||||
7 | (735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
| ||||||
8 | Sec. 21-103. Notice by publication.
| ||||||
9 | (a) Previous notice shall be given of the intended | ||||||
10 | application by
publishing a notice thereof in some newspaper | ||||||
11 | published in the municipality
in which the person resides if | ||||||
12 | the municipality is in a county with a
population under | ||||||
13 | 2,000,000, or if the person does not reside
in a municipality | ||||||
14 | in a county with a population under 2,000,000,
or if no | ||||||
15 | newspaper is published in the municipality or if the person | ||||||
16 | resides
in a county with a population of 2,000,000 or more, | ||||||
17 | then in some newspaper
published in the county where the person | ||||||
18 | resides, or if no newspaper
is published in that county, then | ||||||
19 | in some convenient newspaper published
in this State. The | ||||||
20 | notice shall be inserted for 3 consecutive weeks after filing, | ||||||
21 | the
first insertion to be at least 6 weeks before the return | ||||||
22 | day upon which
the petition is to be heard, and shall be signed | ||||||
23 | by the petitioner or, in
case of a minor, the minor's parent or | ||||||
24 | guardian, and shall set
forth the return day of court on which | ||||||
25 | the petition is to be heard and the
name sought to be assumed.
|
| |||||||
| |||||||
1 | (b) The publication requirement of subsection (a) shall not | ||||||
2 | be
required in any application for a change of name involving a | ||||||
3 | minor if,
before making judgment under this Article, reasonable | ||||||
4 | notice and opportunity
to be heard is given to any parent whose | ||||||
5 | parental rights have not been
previously terminated and to any | ||||||
6 | person who has physical custody of the
child. If any of these | ||||||
7 | persons are outside this State, notice and
opportunity to be | ||||||
8 | heard shall be given under Section 21-104.
| ||||||
9 | (b-3) The publication requirement of subsection (a) shall | ||||||
10 | not be required in any application for a change of name | ||||||
11 | involving a person who has received a judgment for dissolution | ||||||
12 | of marriage or declaration of invalidity of marriage and wishes | ||||||
13 | to change his or her name to resume the use of his or her former | ||||||
14 | or maiden name. | ||||||
15 | (b-5) Upon motion, the court may issue an order directing | ||||||
16 | that the notice and publication requirement be waived for a | ||||||
17 | change of name involving a person who files with the court a | ||||||
18 | written declaration that the person believes that publishing | ||||||
19 | notice of the name change would put the person at risk of | ||||||
20 | physical harm or discrimination. The person must provide | ||||||
21 | evidence to support the claim that publishing notice of the | ||||||
22 | name change would put the person at risk of physical harm or | ||||||
23 | discrimination. | ||||||
24 | (c) The Director of State Police or his or her designee may | ||||||
25 | apply to the
circuit court
for an order directing that the | ||||||
26 | notice and publication requirements of
this Section be waived |
| |||||||
| |||||||
1 | if the Director or his or her designee certifies that
the name | ||||||
2 | change being sought is intended to protect a witness during and
| ||||||
3 | following a criminal investigation or proceeding.
| ||||||
4 | (c-1) The court may enter a written order waiving the | ||||||
5 | publication requirement of subsection (a) if: | ||||||
6 | (i) the petitioner is 18 years of age or older; and | ||||||
7 | (ii) concurrent with the petition, the petitioner | ||||||
8 | files with the court a statement, verified under oath as | ||||||
9 | provided under Section 1-109 of this Code, attesting that | ||||||
10 | the petitioner is or has been a person protected under the | ||||||
11 | Illinois Domestic Violence Act of 1986, the Stalking No | ||||||
12 | Contact Order Act, the Civil No Contact Order Act, Article | ||||||
13 | 112A of the Code of Criminal Procedure of 1963, a condition | ||||||
14 | of pretrial release bail under subsections (b) through (d) | ||||||
15 | of Section 110-10 of the Code of Criminal Procedure of | ||||||
16 | 1963, or a similar provision of a law in another state or | ||||||
17 | jurisdiction. | ||||||
18 | The petitioner may attach to the statement any supporting | ||||||
19 | documents, including relevant court orders. | ||||||
20 | (c-2) If the petitioner files a statement attesting that | ||||||
21 | disclosure of the petitioner's address would put the petitioner | ||||||
22 | or any member of the petitioner's family or household at risk | ||||||
23 | or reveal the confidential address of a shelter for domestic | ||||||
24 | violence victims, that address may be omitted from all | ||||||
25 | documents filed with the court, and the petitioner may | ||||||
26 | designate an alternative address for service. |
| |||||||
| |||||||
1 | (c-3) Court administrators may allow domestic abuse | ||||||
2 | advocates, rape crisis advocates, and victim advocates to | ||||||
3 | assist petitioners in the preparation of name changes under | ||||||
4 | subsection (c-1). | ||||||
5 | (c-4) If the publication requirements of subsection (a) | ||||||
6 | have been waived, the circuit court shall enter an order | ||||||
7 | impounding the case. | ||||||
8 | (d) The maximum rate charged for publication of a notice | ||||||
9 | under this Section may not exceed the lowest classified rate | ||||||
10 | paid by commercial users for comparable space in the newspaper | ||||||
11 | in which the notice appears and shall include all cash | ||||||
12 | discounts, multiple insertion discounts, and similar benefits | ||||||
13 | extended to the newspaper's regular customers. | ||||||
14 | (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | ||||||
15 | 100-565 for the effective date of P.A. 100-520); 100-788, eff. | ||||||
16 | 1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203, | ||||||
17 | eff. 1-1-20 .)
| ||||||
18 | Section 140. The Civil No Contact Order Act is amended by | ||||||
19 | changing Section 220 as follows:
| ||||||
20 | (740 ILCS 22/220) | ||||||
21 | Sec. 220. Enforcement of a civil no contact order. | ||||||
22 | (a) Nothing in this Act shall preclude any Illinois court | ||||||
23 | from enforcing a valid protective order issued in another | ||||||
24 | state. |
| |||||||
| |||||||
1 | (b) Illinois courts may enforce civil no contact orders | ||||||
2 | through both criminal proceedings and civil contempt | ||||||
3 | proceedings, unless the action which is second in time is | ||||||
4 | barred by collateral estoppel or the constitutional | ||||||
5 | prohibition against double jeopardy. | ||||||
6 | (b-1) The court shall not hold a school district or private | ||||||
7 | or non-public school or any of its employees in civil or | ||||||
8 | criminal contempt unless the school district or private or | ||||||
9 | non-public school has been allowed to intervene. | ||||||
10 | (b-2) The court may hold the parents, guardian, or legal | ||||||
11 | custodian of a minor respondent in civil or criminal contempt | ||||||
12 | for a violation of any provision of any order entered under | ||||||
13 | this Act for conduct of the minor respondent in violation of | ||||||
14 | this Act if the
parents, guardian, or legal custodian directed, | ||||||
15 | encouraged, or assisted the respondent minor in such conduct. | ||||||
16 | (c) Criminal prosecution. A violation of any civil no | ||||||
17 | contact order, whether issued in a civil or criminal | ||||||
18 | proceeding, shall be enforced by a criminal court when the | ||||||
19 | respondent commits the crime of violation of a civil no contact | ||||||
20 | order pursuant to Section 219 by having knowingly violated: | ||||||
21 | (1) remedies described in Section 213 and included in a | ||||||
22 | civil no contact order; or | ||||||
23 | (2) a provision of an order, which is substantially | ||||||
24 | similar to provisions of Section 213, in a valid civil no | ||||||
25 | contact order which is authorized under the laws of another | ||||||
26 | state, tribe, or United States territory. |
| |||||||
| |||||||
1 | Prosecution for a violation of a civil no contact order | ||||||
2 | shall not bar a concurrent prosecution for any other crime, | ||||||
3 | including any crime that may have been committed at the time of | ||||||
4 | the violation of the civil no contact order. | ||||||
5 | (d) Contempt of court. A violation of any valid Illinois | ||||||
6 | civil no contact order, whether issued in a civil or criminal | ||||||
7 | proceeding, may be enforced through civil or criminal contempt | ||||||
8 | procedures, as appropriate, by any court with jurisdiction, | ||||||
9 | regardless of where the act or acts which violated the civil no | ||||||
10 | contact order were committed, to the extent consistent with the | ||||||
11 | venue provisions of this Act. | ||||||
12 | (1) In a contempt proceeding where the petition for a | ||||||
13 | rule to show cause or petition for adjudication of criminal | ||||||
14 | contempt sets forth facts evidencing an immediate danger | ||||||
15 | that the respondent will flee the jurisdiction or inflict | ||||||
16 | physical abuse on the petitioner or minor children or on | ||||||
17 | dependent adults in the petitioner's care, the court may | ||||||
18 | order the attachment of the respondent without prior | ||||||
19 | service of the petition for a rule to show cause, the rule | ||||||
20 | to show cause, the petition for adjudication of criminal | ||||||
21 | contempt or the adjudication of criminal contempt. | ||||||
22 | Conditions of release Bond shall be set unless specifically | ||||||
23 | denied in writing. | ||||||
24 | (2) A petition for a rule to show cause or a petition | ||||||
25 | for adjudication of criminal contempt for violation of a | ||||||
26 | civil no contact order shall be treated as an expedited |
| |||||||
| |||||||
1 | proceeding. | ||||||
2 | (e) Actual knowledge. A civil no contact order may be | ||||||
3 | enforced pursuant to this Section if the respondent violates | ||||||
4 | the order after the respondent has actual knowledge of its | ||||||
5 | contents as shown through one of the following means: | ||||||
6 | (1) by service, delivery, or notice under Section 208; | ||||||
7 | (2) by notice under Section 218; | ||||||
8 | (3) by service of a civil no contact order under | ||||||
9 | Section 218; or | ||||||
10 | (4) by other means demonstrating actual knowledge of | ||||||
11 | the contents of the order. | ||||||
12 | (f) The enforcement of a civil no contact order in civil or | ||||||
13 | criminal court shall not be affected by either of the | ||||||
14 | following: | ||||||
15 | (1) the existence of a separate, correlative order, | ||||||
16 | entered under Section 202; or | ||||||
17 | (2) any finding or order entered in a conjoined | ||||||
18 | criminal proceeding. | ||||||
19 | (g) Circumstances. The court, when determining whether or | ||||||
20 | not a violation of a civil no contact order has occurred, shall | ||||||
21 | not require physical manifestations of abuse on the person of | ||||||
22 | the victim. | ||||||
23 | (h) Penalties. | ||||||
24 | (1) Except as provided in paragraph (3) of this | ||||||
25 | subsection, where the court finds the commission of a crime | ||||||
26 | or contempt of court under subsection (a) or (b) of this |
| |||||||
| |||||||
1 | Section, the penalty shall be the penalty that generally | ||||||
2 | applies in such criminal or contempt proceedings, and may | ||||||
3 | include one or more of the following: incarceration, | ||||||
4 | payment of restitution, a fine, payment of attorneys' fees | ||||||
5 | and costs, or community service. | ||||||
6 | (2) The court shall hear and take into account evidence | ||||||
7 | of any factors in aggravation or mitigation before deciding | ||||||
8 | an appropriate penalty under paragraph (1) of this | ||||||
9 | subsection. | ||||||
10 | (3) To the extent permitted by law, the court is | ||||||
11 | encouraged to: | ||||||
12 | (i) increase the penalty for the knowing violation | ||||||
13 | of any civil no contact order over any penalty | ||||||
14 | previously imposed by any court for respondent's | ||||||
15 | violation of any civil no contact order or penal | ||||||
16 | statute involving petitioner as victim and respondent | ||||||
17 | as defendant; | ||||||
18 | (ii) impose a minimum penalty of 24 hours | ||||||
19 | imprisonment for respondent's first violation of any | ||||||
20 | civil no contact order; and | ||||||
21 | (iii) impose a minimum penalty of 48 hours | ||||||
22 | imprisonment for respondent's second or subsequent | ||||||
23 | violation of a civil no contact order unless the court | ||||||
24 | explicitly finds that an increased penalty or that | ||||||
25 | period of imprisonment would be manifestly unjust. | ||||||
26 | (4) In addition to any other penalties imposed for a |
| |||||||
| |||||||
1 | violation of a civil no contact order, a criminal court may | ||||||
2 | consider evidence of any previous violations of a civil no | ||||||
3 | contact order: | ||||||
4 | (i) to increase, revoke or modify the conditions of | ||||||
5 | pretrial release bail bond on an underlying criminal | ||||||
6 | charge pursuant to Section 110-6 of the Code of | ||||||
7 | Criminal Procedure of 1963; | ||||||
8 | (ii) to revoke or modify an order of probation, | ||||||
9 | conditional discharge or supervision, pursuant to | ||||||
10 | Section 5-6-4 of the Unified Code of Corrections; or | ||||||
11 | (iii) to revoke or modify a sentence of periodic | ||||||
12 | imprisonment, pursuant to Section 5-7-2 of the Unified | ||||||
13 | Code of Corrections.
| ||||||
14 | (Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12.)
| ||||||
15 | Section 145. The Illinois Domestic Violence Act of 1986 is | ||||||
16 | amended by changing Sections 223 and 301 as follows:
| ||||||
17 | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| ||||||
18 | Sec. 223. Enforcement of orders of protection.
| ||||||
19 | (a) When violation is crime. A violation of any order of | ||||||
20 | protection,
whether issued in a civil or criminal proceeding, | ||||||
21 | shall be enforced
by a
criminal court when:
| ||||||
22 | (1) The respondent commits the crime of violation of an | ||||||
23 | order of
protection pursuant to Section 12-3.4 or 12-30 of | ||||||
24 | the Criminal Code of
1961 or the Criminal Code of 2012, by
|
| |||||||
| |||||||
1 | having knowingly violated:
| ||||||
2 | (i) remedies described in paragraphs (1), (2), | ||||||
3 | (3), (14),
or (14.5) of
subsection (b) of Section 214 | ||||||
4 | of this Act; or
| ||||||
5 | (ii) a remedy, which is substantially similar to | ||||||
6 | the remedies
authorized under paragraphs (1), (2), | ||||||
7 | (3), (14), and (14.5) of subsection (b)
of Section 214 | ||||||
8 | of this Act, in a valid order of protection which is | ||||||
9 | authorized
under the laws of another state, tribe, or | ||||||
10 | United States territory; or
| ||||||
11 | (iii) any other remedy when the act
constitutes a | ||||||
12 | crime against the protected parties as defined by the
| ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
14 | Prosecution for a violation of an order of
protection | ||||||
15 | shall not bar concurrent prosecution for any other crime,
| ||||||
16 | including any crime that may have been committed at the | ||||||
17 | time of the
violation of the order of protection; or
| ||||||
18 | (2) The respondent commits the crime of child abduction | ||||||
19 | pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012, by having knowingly violated:
| ||||||
21 | (i) remedies described in paragraphs (5), (6) or | ||||||
22 | (8) of subsection
(b) of
Section 214 of this Act; or
| ||||||
23 | (ii) a remedy, which is substantially similar to | ||||||
24 | the remedies
authorized under paragraphs (5), (6), or | ||||||
25 | (8) of subsection (b) of Section 214
of this Act, in a | ||||||
26 | valid order of protection which is authorized under the |
| |||||||
| |||||||
1 | laws
of another state, tribe, or United States | ||||||
2 | territory.
| ||||||
3 | (b) When violation is contempt of court. A violation of any | ||||||
4 | valid
Illinois order of protection, whether issued in a civil | ||||||
5 | or criminal
proceeding, may be enforced through civil or | ||||||
6 | criminal contempt procedures,
as appropriate, by any court with | ||||||
7 | jurisdiction, regardless where the act or
acts which violated | ||||||
8 | the order of protection were committed, to the extent
| ||||||
9 | consistent with the venue provisions of this Act. Nothing in | ||||||
10 | this Act
shall preclude any Illinois court from enforcing any | ||||||
11 | valid order of
protection issued in another state. Illinois | ||||||
12 | courts may enforce orders of
protection through both criminal | ||||||
13 | prosecution and contempt proceedings,
unless the action which | ||||||
14 | is second in time is barred by collateral estoppel
or the | ||||||
15 | constitutional prohibition against double jeopardy.
| ||||||
16 | (1) In a contempt proceeding where the petition for a | ||||||
17 | rule to show
cause sets forth facts evidencing an immediate | ||||||
18 | danger that the
respondent will flee the jurisdiction, | ||||||
19 | conceal a child, or inflict physical
abuse on the | ||||||
20 | petitioner or minor children or on dependent adults in
| ||||||
21 | petitioner's care, the court may order the
attachment of | ||||||
22 | the respondent without prior service of the rule to show
| ||||||
23 | cause or the petition for a rule to show cause. Conditions | ||||||
24 | of release Bond shall be set unless
specifically denied in | ||||||
25 | writing.
| ||||||
26 | (2) A petition for a rule to show cause for violation |
| |||||||
| |||||||
1 | of an order of
protection shall be treated as an expedited | ||||||
2 | proceeding.
| ||||||
3 | (b-1) The court shall not hold a school district or private | ||||||
4 | or non-public school or any of its employees in civil or | ||||||
5 | criminal contempt unless the school district or private or | ||||||
6 | non-public school has been allowed to intervene. | ||||||
7 | (b-2) The court may hold the parents, guardian, or legal | ||||||
8 | custodian of a minor respondent in civil or criminal contempt | ||||||
9 | for a violation of any provision of any order entered under | ||||||
10 | this Act for conduct of the minor respondent in violation of | ||||||
11 | this Act if the
parents, guardian, or legal custodian directed, | ||||||
12 | encouraged, or assisted the respondent minor in such conduct. | ||||||
13 | (c) Violation of custody or support orders or temporary or | ||||||
14 | final judgments allocating parental responsibilities. A | ||||||
15 | violation of remedies
described in paragraphs (5), (6), (8), or | ||||||
16 | (9) of subsection (b) of Section
214 of this Act may be | ||||||
17 | enforced by any remedy provided by Section 607.5 of
the | ||||||
18 | Illinois Marriage and Dissolution of Marriage Act. The court | ||||||
19 | may
enforce any order for support issued under paragraph (12) | ||||||
20 | of subsection (b)
of Section 214 in the manner provided for | ||||||
21 | under Parts V and VII of the
Illinois Marriage and Dissolution | ||||||
22 | of Marriage Act.
| ||||||
23 | (d) Actual knowledge. An order of protection may be | ||||||
24 | enforced pursuant to
this Section if the respondent violates | ||||||
25 | the order after the
respondent has
actual knowledge of its | ||||||
26 | contents as shown through one of the following means:
|
| |||||||
| |||||||
1 | (1) By service, delivery, or notice under Section 210.
| ||||||
2 | (2) By notice under Section 210.1 or 211.
| ||||||
3 | (3) By service of an order of protection under Section | ||||||
4 | 222.
| ||||||
5 | (4) By other means demonstrating actual knowledge of | ||||||
6 | the contents of the
order.
| ||||||
7 | (e) The enforcement of an order of protection in civil or | ||||||
8 | criminal court
shall not be affected by either of the | ||||||
9 | following:
| ||||||
10 | (1) The existence of a separate, correlative order, | ||||||
11 | entered under Section
215.
| ||||||
12 | (2) Any finding or order entered in a conjoined | ||||||
13 | criminal proceeding.
| ||||||
14 | (f) Circumstances. The court, when determining whether or | ||||||
15 | not a
violation of an order of protection has occurred, shall | ||||||
16 | not require
physical manifestations of abuse on the person of | ||||||
17 | the victim.
| ||||||
18 | (g) Penalties.
| ||||||
19 | (1) Except as provided in paragraph (3) of this
| ||||||
20 | subsection, where the court finds the commission of a crime | ||||||
21 | or contempt of
court under subsections (a) or (b) of this | ||||||
22 | Section, the penalty shall be
the penalty that generally | ||||||
23 | applies in such criminal or contempt
proceedings, and may | ||||||
24 | include one or more of the following: incarceration,
| ||||||
25 | payment of restitution, a fine, payment of attorneys' fees | ||||||
26 | and costs, or
community service.
|
| |||||||
| |||||||
1 | (2) The court shall hear and take into account evidence | ||||||
2 | of any factors
in aggravation or mitigation before deciding | ||||||
3 | an appropriate penalty under
paragraph (1) of this | ||||||
4 | subsection.
| ||||||
5 | (3) To the extent permitted by law, the court is | ||||||
6 | encouraged to:
| ||||||
7 | (i) increase the penalty for the knowing violation | ||||||
8 | of
any order of protection over any penalty previously | ||||||
9 | imposed by any court
for respondent's violation of any | ||||||
10 | order of protection or penal statute
involving | ||||||
11 | petitioner as victim and respondent as defendant;
| ||||||
12 | (ii) impose a minimum penalty of 24 hours | ||||||
13 | imprisonment for respondent's
first violation of any | ||||||
14 | order of protection; and
| ||||||
15 | (iii) impose a minimum penalty of 48 hours | ||||||
16 | imprisonment for
respondent's second or subsequent | ||||||
17 | violation of an order of protection
| ||||||
18 | unless the court explicitly finds that an increased penalty | ||||||
19 | or that
period of imprisonment would be manifestly unjust.
| ||||||
20 | (4) In addition to any other penalties imposed for a | ||||||
21 | violation of an
order of protection, a criminal court may | ||||||
22 | consider evidence of any
violations of an order of | ||||||
23 | protection:
| ||||||
24 | (i) to increase, revoke or modify the conditions of | ||||||
25 | pretrial release bail bond on an underlying
criminal | ||||||
26 | charge pursuant to Section 110-6 of the Code of |
| |||||||
| |||||||
1 | Criminal Procedure
of 1963;
| ||||||
2 | (ii) to revoke or modify an order of probation, | ||||||
3 | conditional discharge or
supervision, pursuant to | ||||||
4 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
5 | (iii) to revoke or modify a sentence of periodic | ||||||
6 | imprisonment,
pursuant to Section 5-7-2 of the Unified | ||||||
7 | Code of Corrections.
| ||||||
8 | (5) In addition to any other penalties, the court shall | ||||||
9 | impose an
additional fine of $20 as authorized by Section | ||||||
10 | 5-9-1.11 of the Unified Code of
Corrections upon any person | ||||||
11 | convicted of or placed on supervision for a
violation of an | ||||||
12 | order of protection.
The additional fine shall be imposed | ||||||
13 | for each violation of this Section.
| ||||||
14 | (Source: P.A. 99-90, eff. 1-1-16 .)
| ||||||
15 | (750 ILCS 60/301) (from Ch. 40, par. 2313-1)
| ||||||
16 | Sec. 301. Arrest without warrant.
| ||||||
17 | (a) Any law enforcement officer may
make an arrest without
| ||||||
18 | warrant if the officer has probable cause to believe that the | ||||||
19 | person has
committed or is committing any crime, including but | ||||||
20 | not limited to
violation of an order of protection, under | ||||||
21 | Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||||||
22 | Criminal Code of 2012, even if the crime was not committed in | ||||||
23 | the presence of the
officer.
| ||||||
24 | (b) The law enforcement officer may verify the existence of | ||||||
25 | an order of
protection by telephone or radio communication with |
| |||||||
| |||||||
1 | his or her law enforcement
agency or by referring to the copy | ||||||
2 | of the order provided by the petitioner
or respondent.
| ||||||
3 | (c) Any law enforcement officer may make an arrest without | ||||||
4 | warrant if the
officer has reasonable grounds to believe a | ||||||
5 | defendant at liberty under
the provisions of subdivision (d)(1) | ||||||
6 | or (d)(2) of Section 110-10 of the Code of
Criminal Procedure | ||||||
7 | of 1963 has violated a condition of
his or her pretrial release | ||||||
8 | bail bond or recognizance.
| ||||||
9 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
10 | Section 150. The Industrial and Linen Supplies Marking Law | ||||||
11 | is amended by changing Section 11 as follows:
| ||||||
12 | (765 ILCS 1045/11) (from Ch. 140, par. 111)
| ||||||
13 | Sec. 11.
Search
warrant.
| ||||||
14 | Whenever the registrant, or officer, or authorized agent of | ||||||
15 | any firm,
partnership or corporation which is a registrant | ||||||
16 | under this Act, takes an
oath before any circuit court, that he | ||||||
17 | has reason to believe that any
supplies are being unlawfully | ||||||
18 | used, sold, or secreted in any place, the
court shall issue a | ||||||
19 | search warrant to any police officer authorizing such
officer | ||||||
20 | to search the premises wherein it is alleged such articles may | ||||||
21 | be
found and take into custody any person in whose possession | ||||||
22 | the articles are
found. Any person so seized shall be taken | ||||||
23 | without unnecessary delay before
the court issuing the search | ||||||
24 | warrant. The court is empowered to impose conditions of |
| |||||||
| |||||||
1 | pretrial release bail
on any such person to compel his | ||||||
2 | attendance at any continued hearing.
| ||||||
3 | (Source: P.A. 77-1273.)
| ||||||
4 | Section 155. The Illinois Torture Inquiry and Relief | ||||||
5 | Commission Act is amended by changing Section 50 as follows:
| ||||||
6 | (775 ILCS 40/50)
| ||||||
7 | Sec. 50. Post-commission judicial review. | ||||||
8 | (a) If the Commission concludes there is sufficient
| ||||||
9 | evidence of torture to merit judicial review, the Chair of the
| ||||||
10 | Commission shall request the Chief Judge of the Circuit Court
| ||||||
11 | of Cook County for assignment to a trial judge for
| ||||||
12 | consideration. The court may receive proof by affidavits,
| ||||||
13 | depositions, oral testimony, or other evidence. In its
| ||||||
14 | discretion the court may order the petitioner brought before
| ||||||
15 | the court for the hearing. Notwithstanding the status of any | ||||||
16 | other postconviction proceedings relating to the petitioner, | ||||||
17 | if the court finds in favor of the
petitioner, it shall enter | ||||||
18 | an appropriate order with respect to
the judgment or sentence | ||||||
19 | in the former proceedings and such
supplementary orders as to | ||||||
20 | rearraignment, retrial, custody,
pretrial release bail or | ||||||
21 | discharge, or for such relief as may be granted under a | ||||||
22 | petition for a certificate of innocence, as may be necessary | ||||||
23 | and proper. | ||||||
24 | (b) The State's Attorney, or the State's Attorney's
|
| |||||||
| |||||||
1 | designee, shall represent the State at the hearing before the
| ||||||
2 | assigned judge.
| ||||||
3 | (Source: P.A. 96-223, eff. 8-10-09.)
| ||||||
4 | Section 160. The Unemployment Insurance Act is amended by | ||||||
5 | changing Section 602 as follows:
| ||||||
6 | (820 ILCS 405/602) (from Ch. 48, par. 432)
| ||||||
7 | Sec. 602. Discharge for misconduct - Felony. | ||||||
8 | A. An individual shall be
ineligible for benefits for the | ||||||
9 | week in which he has been discharged for
misconduct connected | ||||||
10 | with his work and, thereafter, until he has become
reemployed | ||||||
11 | and has had earnings equal to or in excess of his current | ||||||
12 | weekly
benefit amount in each of four calendar weeks
which are | ||||||
13 | either for services in employment, or have been or will be | ||||||
14 | reported
pursuant to the provisions of the Federal Insurance | ||||||
15 | Contributions Act by
each employing unit for which such | ||||||
16 | services are performed and which submits
a statement certifying | ||||||
17 | to that fact.
The requalification requirements of the preceding | ||||||
18 | sentence shall be
deemed to have been satisfied, as of the date | ||||||
19 | of reinstatement, if,
subsequent to his discharge by an | ||||||
20 | employing unit for misconduct connected
with his work, such | ||||||
21 | individual is reinstated by such employing unit. For
purposes | ||||||
22 | of this subsection, the term "misconduct" means the deliberate | ||||||
23 | and
willful violation of a reasonable rule or policy of the | ||||||
24 | employing unit,
governing the individual's behavior in |
| |||||||
| |||||||
1 | performance of his work, provided
such violation has harmed the | ||||||
2 | employing unit or other employees or has been
repeated by the | ||||||
3 | individual despite a warning or other explicit instruction
from | ||||||
4 | the employing unit. The previous definition notwithstanding, | ||||||
5 | "misconduct" shall include any of the following work-related | ||||||
6 | circumstances: | ||||||
7 | 1. Falsification of an employment application, or any | ||||||
8 | other documentation provided to the employer, to obtain | ||||||
9 | employment through subterfuge. | ||||||
10 | 2. Failure to maintain licenses, registrations, and | ||||||
11 | certifications reasonably required by the employer, or | ||||||
12 | those that the individual is required to possess by law, to | ||||||
13 | perform his or her regular job duties, unless the failure | ||||||
14 | is not within the control of the individual. | ||||||
15 | 3. Knowing, repeated violation of the attendance | ||||||
16 | policies of the employer that are in compliance with State | ||||||
17 | and federal law following a written warning for an | ||||||
18 | attendance violation, unless the individual can | ||||||
19 | demonstrate that he or she has made a reasonable effort to | ||||||
20 | remedy the reason or reasons for the violations or that the | ||||||
21 | reason or reasons for the violations were out of the | ||||||
22 | individual's control. Attendance policies of the employer | ||||||
23 | shall be reasonable and provided to the individual in | ||||||
24 | writing, electronically, or via posting in the workplace. | ||||||
25 | 4. Damaging the employer's property through conduct | ||||||
26 | that is grossly negligent. |
| |||||||
| |||||||
1 | 5. Refusal to obey an employer's reasonable and lawful | ||||||
2 | instruction, unless the refusal is due to the lack of | ||||||
3 | ability, skills, or training for the individual required to | ||||||
4 | obey the instruction or the instruction would result in an | ||||||
5 | unsafe act. | ||||||
6 | 6. Consuming alcohol or illegal or non-prescribed | ||||||
7 | prescription drugs, or using an impairing substance in an | ||||||
8 | off-label manner, on the employer's premises during | ||||||
9 | working hours in violation of the employer's policies. | ||||||
10 | 7. Reporting to work under the influence of alcohol, | ||||||
11 | illegal or non-prescribed prescription drugs, or an | ||||||
12 | impairing substance used in an off-label manner in | ||||||
13 | violation of the employer's policies, unless the | ||||||
14 | individual is compelled to report to work by the employer | ||||||
15 | outside of scheduled and on-call working hours and informs | ||||||
16 | the employer that he or she is under the influence of | ||||||
17 | alcohol, illegal or non-prescribed prescription drugs, or | ||||||
18 | an impairing substance used in an off-label manner in | ||||||
19 | violation of the employer's policies.
| ||||||
20 | 8. Grossly negligent conduct endangering the safety of | ||||||
21 | the individual or co-workers. | ||||||
22 | For purposes of paragraphs 4 and 8, conduct is "grossly | ||||||
23 | negligent" when the individual is, or reasonably should be, | ||||||
24 | aware of a substantial risk that the conduct will result in the | ||||||
25 | harm sought to be prevented and the conduct constitutes a | ||||||
26 | substantial deviation from the standard of care a reasonable |
| |||||||
| |||||||
1 | person would exercise in the situation. | ||||||
2 | Nothing in paragraph 6 or 7 prohibits the lawful use of | ||||||
3 | over-the-counter drug products as defined in Section 206 of the | ||||||
4 | Illinois Controlled Substances Act, provided that the | ||||||
5 | medication does not affect the safe performance of the | ||||||
6 | employee's work duties. | ||||||
7 | B. Notwithstanding any other provision of this Act, no | ||||||
8 | benefit
rights shall accrue to any individual based upon wages | ||||||
9 | from any employer
for service rendered prior to the day upon | ||||||
10 | which such individual was
discharged because of the commission | ||||||
11 | of a felony in connection with his
work, or because of theft in | ||||||
12 | connection with his work, for which the
employer was in no way | ||||||
13 | responsible; provided, that the employer notified
the Director | ||||||
14 | of such possible ineligibility within the time limits
specified | ||||||
15 | by regulations of the Director, and that the individual has
| ||||||
16 | admitted his commission of the felony or theft to a | ||||||
17 | representative of
the Director, or has signed a written | ||||||
18 | admission of such act and such
written admission has been | ||||||
19 | presented to a representative of the
Director, or such act has | ||||||
20 | resulted in a conviction or order of
supervision by a court of
| ||||||
21 | competent jurisdiction; and provided further, that if by reason | ||||||
22 | of such
act, he is in legal custody, held on pretrial release | ||||||
23 | bail or is a fugitive from justice,
the determination of his | ||||||
24 | benefit rights shall be held in abeyance
pending the result of | ||||||
25 | any legal proceedings arising therefrom.
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26 | (Source: P.A. 99-488, eff. 1-3-16.)
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1 | Section 995. No acceleration or delay. Where this Act makes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | changes in a statute that is represented in this Act by text | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | that is not yet or no longer in effect (for example, a Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | represented by multiple versions), the use of that text does | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | not accelerate or delay the taking effect of (i) the changes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | made by this Act or (ii) provisions derived from any other | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Public Act.
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