Illinois-2019-SB4025-Introduced

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB4025

Introduced 1/4/2021, by Sen. Robert Peters

SYNOPSIS AS INTRODUCED:

See Index

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.

LRB101 20752 RLC 70439 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. This Act may be referred to as the Pretrial

5 Fairness Act.

6 Section 5. The Statute on Statutes is amended by adding

7 Section 1.43 as follows:

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".

13 Section 10. The Freedom of Information Act is amended by

14 changing Section 2.15 as follows:

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.

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.)

19 Section 15. The State Records Act is amended by changing

20 Section 4a as follows:

21 (5 ILCS 160/4a)

22 Sec. 4a. Arrest records and reports.

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:

2 (1) Information that identifies the individual,

3 including the name, age, address, and photograph, when and

4 if available.

5 (2) Information detailing any charges relating to the

6 arrest.

7 (3) The time and location of the arrest.

8 (4) The name of the investigating or arresting law

9 enforcement agency.

10 (5) If the individual is incarcerated, the conditions

11 of pretrial release ~~amount of any bail or bond~~.

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.

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:

21 (1) interfere with pending or actually and reasonably

22 contemplated law enforcement proceedings conducted by any

23 law enforcement or correctional agency;

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.

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

9 making news reels or other motion picture news for public

10 showing.

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.

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.

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.)

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:

13 (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)

14 Sec. 2605-302. Arrest reports.

15 (a) When an individual is arrested, the following

16 information must be made available to the news media for

17 inspection and copying:

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.

2 (5) If the individual is incarcerated, the conditions

3 of pretrial release ~~amount of any bail or bond~~.

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.

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.)

11 Section 25. The Illinois Criminal Justice Information Act

12 is amended by adding Section 7.7 as follows:

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.

7 Section 30. The Local Records Act is amended by changing

8 Section 3b as follows:

9 (50 ILCS 205/3b)

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

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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)

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.

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

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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

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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

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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

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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.)

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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

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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.

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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,

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LRB101 20752 RLC 70439 b

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

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LRB101 20752 RLC 70439 b

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.)

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LRB101 20752 RLC 70439 b

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,

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LRB101 20752 RLC 70439 b

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

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LRB101 20752 RLC 70439 b

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.

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LRB101 20752 RLC 70439 b

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,

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LRB101 20752 RLC 70439 b

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.

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LRB101 20752 RLC 70439 b

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

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LRB101 20752 RLC 70439 b

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.

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LRB101 20752 RLC 70439 b

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

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LRB101 20752 RLC 70439 b

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,

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LRB101 20752 RLC 70439 b

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.

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LRB101 20752 RLC 70439 b

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

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LRB101 20752 RLC 70439 b

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,

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LRB101 20752 RLC 70439 b

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:

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LRB101 20752 RLC 70439 b

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

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LRB101 20752 RLC 70439 b

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,

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LRB101 20752 RLC 70439 b

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

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LRB101 20752 RLC 70439 b

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.

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LRB101 20752 RLC 70439 b

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

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LRB101 20752 RLC 70439 b

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

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LRB101 20752 RLC 70439 b

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

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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

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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, orpretrial

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),

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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.

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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

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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:

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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:

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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

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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

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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,

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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

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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

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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

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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;

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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

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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

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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

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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

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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 ~~.~~

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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.

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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.

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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),

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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,

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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

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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 ofpretrial

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).

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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

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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.

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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.

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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

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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

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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).

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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

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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

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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

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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

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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

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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 topretrial

25 release ~~bail~~ for his appearance before the court named in the

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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,

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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

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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~~

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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

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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,

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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

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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

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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:

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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

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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

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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

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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;

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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

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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.

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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)

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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

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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

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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

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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

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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

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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.

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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

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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 theconditions 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

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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.

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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

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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

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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

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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;

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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

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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

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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

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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.

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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.

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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.

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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

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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

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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

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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 theconditions 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

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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~~.

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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 thefactors 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,

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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~~

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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.

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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

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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 hispretrial

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

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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

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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

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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

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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

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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

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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

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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

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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

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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.)

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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.

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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,

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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.

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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)

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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;

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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

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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 officershall 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

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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

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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

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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

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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 suchconditions

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

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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

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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

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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~~

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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

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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 defendantrequiring 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

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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 theconditions 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 ofpretrial 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

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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 complaintand 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 withoutpretrial release

25 ~~bail~~and to deliver such person before the court for further

26 proceedings.

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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~~

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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~~

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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~~

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1 conditions of pretrialrelease, 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 ofpretrial

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

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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~~

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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~~

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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~~

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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~~

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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~~

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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~~

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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~~

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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

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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

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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

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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,

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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

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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;

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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

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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.

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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

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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 ofpretrial release ~~the bail bond~~ or grant

15 pretrial release ~~bail~~where it has been previously revoked or

16 denied. Ifpretrial release ~~bail~~ has been previously revoked

17 pursuant to subsection (f) of this Section or ifpretrial

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

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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

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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 ofpretrial 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 onpretrial

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)

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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 orderto ~~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 onpretrial

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, revokepretrial release ~~bail~~in

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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

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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

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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 thepretrial 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

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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'sconditions 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~~

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1 ~~denied to~~ a defendant pretrial release only if:

2 (1) the defendant ~~who~~is charged with aforcible 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

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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,

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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

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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

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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 offenselisted 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 ofa 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

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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 himor 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.

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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

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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 crimemay 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

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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

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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 hisor 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.

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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 ofpretrial

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

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1 hold a hearing to determine whetherpretrial 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,

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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

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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,

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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

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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;

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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 reasona