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

SB4025

LRB101 20752 RLC 70439 b

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

SB4025

- 2 -

LRB101 20752 RLC 70439 b

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

SB4025

- 3 -

LRB101 20752 RLC 70439 b

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

SB4025

- 4 -

LRB101 20752 RLC 70439 b

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

SB4025

- 5 -

LRB101 20752 RLC 70439 b

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

SB4025

- 6 -

LRB101 20752 RLC 70439 b

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

SB4025

- 7 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 8 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 9 -

LRB101 20752 RLC 70439 b

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:

SB4025

- 10 -

LRB101 20752 RLC 70439 b

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

SB4025

- 11 -

LRB101 20752 RLC 70439 b

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

SB4025

- 12 -

LRB101 20752 RLC 70439 b

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

SB4025

- 13 -

LRB101 20752 RLC 70439 b

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

SB4025

- 14 -

LRB101 20752 RLC 70439 b

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

SB4025

- 15 -

LRB101 20752 RLC 70439 b

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

SB4025

- 16 -

LRB101 20752 RLC 70439 b

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

SB4025

- 17 -

LRB101 20752 RLC 70439 b

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

SB4025

- 18 -

LRB101 20752 RLC 70439 b

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

SB4025

- 19 -

LRB101 20752 RLC 70439 b

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.)

SB4025

- 20 -

LRB101 20752 RLC 70439 b

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

SB4025

- 21 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 22 -

LRB101 20752 RLC 70439 b

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,

SB4025

- 23 -

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

SB4025

- 24 -

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.)

SB4025

- 25 -

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,

SB4025

- 26 -

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

SB4025

- 27 -

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.

SB4025

- 28 -

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,

SB4025

- 29 -

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.

SB4025

- 30 -

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

SB4025

- 31 -

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.

SB4025

- 32 -

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

SB4025

- 33 -

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,

SB4025

- 34 -

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.

SB4025

- 35 -

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

SB4025

- 36 -

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,

SB4025

- 37 -

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:

SB4025

- 38 -

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

SB4025

- 39 -

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,

SB4025

- 40 -

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

SB4025

- 41 -

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.

SB4025

- 42 -

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

SB4025

- 43 -

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

SB4025

- 44 -

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

SB4025

- 45 -

LRB101 20752 RLC 70439 b

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

SB4025

- 46 -

LRB101 20752 RLC 70439 b

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),

SB4025

- 47 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 48 -

LRB101 20752 RLC 70439 b

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

SB4025

- 49 -

LRB101 20752 RLC 70439 b

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:

SB4025

- 50 -

LRB101 20752 RLC 70439 b

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

SB4025

- 51 -

LRB101 20752 RLC 70439 b

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

SB4025

- 52 -

LRB101 20752 RLC 70439 b

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

SB4025

- 53 -

LRB101 20752 RLC 70439 b

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

SB4025

- 54 -

LRB101 20752 RLC 70439 b

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

SB4025

- 55 -

LRB101 20752 RLC 70439 b

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

SB4025

- 56 -

LRB101 20752 RLC 70439 b

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

SB4025

- 57 -

LRB101 20752 RLC 70439 b

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

SB4025

- 58 -

LRB101 20752 RLC 70439 b

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

SB4025

- 59 -

LRB101 20752 RLC 70439 b

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

SB4025

- 60 -

LRB101 20752 RLC 70439 b

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

SB4025

- 61 -

LRB101 20752 RLC 70439 b

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

SB4025

- 62 -

LRB101 20752 RLC 70439 b

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

SB4025

- 63 -

LRB101 20752 RLC 70439 b

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

SB4025

- 64 -

LRB101 20752 RLC 70439 b

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

SB4025

- 65 -

LRB101 20752 RLC 70439 b

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

SB4025

- 66 -

LRB101 20752 RLC 70439 b

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

SB4025

- 67 -

LRB101 20752 RLC 70439 b

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

SB4025

- 68 -

LRB101 20752 RLC 70439 b

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

SB4025

- 69 -

LRB101 20752 RLC 70439 b

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

SB4025

- 70 -

LRB101 20752 RLC 70439 b

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

SB4025

- 71 -

LRB101 20752 RLC 70439 b

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

SB4025

- 72 -

LRB101 20752 RLC 70439 b

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

SB4025

- 73 -

LRB101 20752 RLC 70439 b

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:

SB4025

- 74 -

LRB101 20752 RLC 70439 b

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

SB4025

- 75 -

LRB101 20752 RLC 70439 b

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

SB4025

- 76 -

LRB101 20752 RLC 70439 b

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,

SB4025

- 77 -

LRB101 20752 RLC 70439 b

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

SB4025

- 78 -

LRB101 20752 RLC 70439 b

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

SB4025

- 79 -

LRB101 20752 RLC 70439 b

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

SB4025

- 80 -

LRB101 20752 RLC 70439 b

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;

SB4025

- 81 -

LRB101 20752 RLC 70439 b

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

SB4025

- 82 -

LRB101 20752 RLC 70439 b

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

SB4025

- 83 -

LRB101 20752 RLC 70439 b

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

SB4025

- 84 -

LRB101 20752 RLC 70439 b

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

SB4025

- 85 -

LRB101 20752 RLC 70439 b

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 ~~.~~

SB4025

- 86 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 87 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 88 -

LRB101 20752 RLC 70439 b

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

SB4025

- 89 -

LRB101 20752 RLC 70439 b

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

SB4025

- 90 -

LRB101 20752 RLC 70439 b

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

SB4025

- 91 -

LRB101 20752 RLC 70439 b

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

SB4025

- 92 -

LRB101 20752 RLC 70439 b

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

SB4025

- 93 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 94 -

LRB101 20752 RLC 70439 b

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

SB4025

- 95 -

LRB101 20752 RLC 70439 b

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

SB4025

- 96 -

LRB101 20752 RLC 70439 b

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

SB4025

- 97 -

LRB101 20752 RLC 70439 b

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

SB4025

- 98 -

LRB101 20752 RLC 70439 b

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),

SB4025

- 99 -

LRB101 20752 RLC 70439 b

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,

SB4025

- 100 -

LRB101 20752 RLC 70439 b

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

SB4025

- 101 -

LRB101 20752 RLC 70439 b

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).

SB4025

- 102 -

LRB101 20752 RLC 70439 b

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

SB4025

- 103 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 104 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 105 -

LRB101 20752 RLC 70439 b

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

SB4025

- 106 -

LRB101 20752 RLC 70439 b

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

SB4025

- 107 -

LRB101 20752 RLC 70439 b

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).

SB4025

- 108 -

LRB101 20752 RLC 70439 b

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

SB4025

- 109 -

LRB101 20752 RLC 70439 b

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

SB4025

- 110 -

LRB101 20752 RLC 70439 b

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

SB4025

- 111 -

LRB101 20752 RLC 70439 b

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

SB4025

- 112 -

LRB101 20752 RLC 70439 b

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

SB4025

- 113 -

LRB101 20752 RLC 70439 b

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

SB4025

- 114 -

LRB101 20752 RLC 70439 b

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,

SB4025

- 115 -

LRB101 20752 RLC 70439 b

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

SB4025

- 116 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 117 -

LRB101 20752 RLC 70439 b

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

SB4025

- 118 -

LRB101 20752 RLC 70439 b

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,

SB4025

- 119 -

LRB101 20752 RLC 70439 b

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

SB4025

- 120 -

LRB101 20752 RLC 70439 b

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

SB4025

- 121 -

LRB101 20752 RLC 70439 b

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:

SB4025

- 122 -

LRB101 20752 RLC 70439 b

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

SB4025

- 123 -

LRB101 20752 RLC 70439 b

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

SB4025

- 124 -

LRB101 20752 RLC 70439 b

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

SB4025

- 125 -

LRB101 20752 RLC 70439 b

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;

SB4025

- 126 -

LRB101 20752 RLC 70439 b

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

SB4025

- 127 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 128 -

LRB101 20752 RLC 70439 b

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)

SB4025

- 129 -

LRB101 20752 RLC 70439 b

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

SB4025

- 130 -

LRB101 20752 RLC 70439 b

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

SB4025

- 131 -

LRB101 20752 RLC 70439 b

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

SB4025

- 132 -

LRB101 20752 RLC 70439 b

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

SB4025

- 133 -

LRB101 20752 RLC 70439 b

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

SB4025

- 134 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 135 -

LRB101 20752 RLC 70439 b

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

SB4025

- 136 -

LRB101 20752 RLC 70439 b

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

SB4025

- 137 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 138 -

LRB101 20752 RLC 70439 b

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

SB4025

- 139 -

LRB101 20752 RLC 70439 b

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

SB4025

- 140 -

LRB101 20752 RLC 70439 b

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

SB4025

- 141 -

LRB101 20752 RLC 70439 b

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;

SB4025

- 142 -

LRB101 20752 RLC 70439 b

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

SB4025

- 143 -

LRB101 20752 RLC 70439 b

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

SB4025

- 144 -

LRB101 20752 RLC 70439 b

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

SB4025

- 145 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 146 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 147 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 148 -

LRB101 20752 RLC 70439 b

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

SB4025

- 149 -

LRB101 20752 RLC 70439 b

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

SB4025

- 150 -

LRB101 20752 RLC 70439 b

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

SB4025

- 151 -

LRB101 20752 RLC 70439 b

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

SB4025

- 152 -

LRB101 20752 RLC 70439 b

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~~.

SB4025

- 153 -

LRB101 20752 RLC 70439 b

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,

SB4025

- 154 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 155 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 156 -

LRB101 20752 RLC 70439 b

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

SB4025

- 157 -

LRB101 20752 RLC 70439 b

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

SB4025

- 158 -

LRB101 20752 RLC 70439 b

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

SB4025

- 159 -

LRB101 20752 RLC 70439 b

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

SB4025

- 160 -

LRB101 20752 RLC 70439 b

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

SB4025

- 161 -

LRB101 20752 RLC 70439 b

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

SB4025

- 162 -

LRB101 20752 RLC 70439 b

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

SB4025

- 163 -

LRB101 20752 RLC 70439 b

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

SB4025

- 164 -

LRB101 20752 RLC 70439 b

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

SB4025

- 165 -

LRB101 20752 RLC 70439 b

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

SB4025

- 166 -

LRB101 20752 RLC 70439 b

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.)

SB4025

- 167 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 168 -

LRB101 20752 RLC 70439 b

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,

SB4025

- 169 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 170 -

LRB101 20752 RLC 70439 b

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)

SB4025

- 171 -

LRB101 20752 RLC 70439 b

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;

SB4025

- 172 -

LRB101 20752 RLC 70439 b

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

SB4025

- 173 -

LRB101 20752 RLC 70439 b

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

SB4025

- 174 -

LRB101 20752 RLC 70439 b

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

SB4025

- 175 -

LRB101 20752 RLC 70439 b

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

SB4025

- 176 -

LRB101 20752 RLC 70439 b

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

SB4025

- 177 -

LRB101 20752 RLC 70439 b

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

SB4025

- 178 -

LRB101 20752 RLC 70439 b

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

SB4025

- 179 -

LRB101 20752 RLC 70439 b

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

SB4025

- 180 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 181 -

LRB101 20752 RLC 70439 b

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

SB4025

- 182 -

LRB101 20752 RLC 70439 b

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

SB4025

- 183 -

LRB101 20752 RLC 70439 b

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

SB4025

- 184 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 185 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 186 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 187 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 188 -

LRB101 20752 RLC 70439 b

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

SB4025

- 189 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 190 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 191 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 192 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 193 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 194 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 195 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 196 -

LRB101 20752 RLC 70439 b

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

SB4025

- 197 -

LRB101 20752 RLC 70439 b

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

SB4025

- 198 -

LRB101 20752 RLC 70439 b

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

SB4025

- 199 -

LRB101 20752 RLC 70439 b

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,

SB4025

- 200 -

LRB101 20752 RLC 70439 b

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

SB4025

- 201 -

LRB101 20752 RLC 70439 b

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;

SB4025

- 202 -

LRB101 20752 RLC 70439 b

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

SB4025

- 203 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 204 -

LRB101 20752 RLC 70439 b

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

SB4025

- 205 -

LRB101 20752 RLC 70439 b

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

SB4025

- 206 -

LRB101 20752 RLC 70439 b

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

SB4025

- 207 -

LRB101 20752 RLC 70439 b

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)

SB4025

- 208 -

LRB101 20752 RLC 70439 b

1 or this subsection of this Section. The defendant shall be held

2 without pretrial release ~~bond~~ pending transfer to and a hearing

3 before such court. At the conclusion of the hearing based on a

4 violation of the conditions of Section 110-10 of this Code or

5 any special conditions of pretrial release ~~bail~~as ordered by

6 the court the court may enter an 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

SB4025

- 209 -

LRB101 20752 RLC 70439 b

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

SB4025

- 210 -

LRB101 20752 RLC 70439 b

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

SB4025

- 211 -

LRB101 20752 RLC 70439 b

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

SB4025

- 212 -

LRB101 20752 RLC 70439 b

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~~

SB4025

- 213 -

LRB101 20752 RLC 70439 b

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

SB4025

- 214 -

LRB101 20752 RLC 70439 b

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,

SB4025

- 215 -

LRB101 20752 RLC 70439 b

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

SB4025

- 216 -

LRB101 20752 RLC 70439 b

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

SB4025

- 217 -

LRB101 20752 RLC 70439 b

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

SB4025

- 218 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 219 -

LRB101 20752 RLC 70439 b

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

SB4025

- 220 -

LRB101 20752 RLC 70439 b

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

SB4025

- 221 -

LRB101 20752 RLC 70439 b

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

SB4025

- 222 -

LRB101 20752 RLC 70439 b

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.

SB4025

- 223 -

LRB101 20752 RLC 70439 b

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

SB4025

- 224 -

LRB101 20752 RLC 70439 b

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,

SB4025

- 225 -

LRB101 20752 RLC 70439 b

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

SB4025

- 226 -

LRB101 20752 RLC 70439 b

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,

SB4025

- 227 -

LRB101 20752 RLC 70439 b

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

SB4025

- 228 -

LRB101 20752 RLC 70439 b

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;

SB4025

- 229 -

LRB101 20752 RLC 70439 b

1 (4) Any statements made by, or attributed to the

2 defendant, together with the circumstances surrounding

3 them;

4 (5) The age and physical condition of any person

5 assaulted by the defendant;

6 (6) Whether the defendant is known to possess or have

7 access to any weapon or weapons;

8 (7) Whether, at the time of the current offense or any

9 other offense or arrest, the defendant was on probation,

10 parole, aftercare release, mandatory supervised release or

11 other release from custody pending trial, sentencing,

12 appeal or completion of sentence for an offense under

13 federal or state law;

14 (8) Any other factors, including those listed in

15 Section 110-5 of this Code, deemed by the court to have a

16 reasonable bearing upon the defendant's propensity or

17 reputation for violent, abusive or assaultive behavior, or

18 lack of that behavior.

19 (e) The court shall, in any order denying pretrial release

20 ~~bail~~to a person charged with stalking or aggravated stalking:

21 (1) briefly summarize the evidence of the defendant's

22 culpability and its reasons for concluding that the

23 defendant should be held without pretrial release ~~bail~~;

24 (2) direct that the defendant be committed to the

25 custody of the sheriff for confinement in the county jail

26 pending trial;

SB4025

- 230 -

LRB101 20752 RLC 70439 b

1 (3) direct that the defendant be given a reasonable

2 opportunity for private consultation with counsel, and for

3 communication with others of his choice by visitation, mail

4 and telephone; and

5 (4) direct that the sheriff deliver the defendant as

6 required for appearances in connection with court

7 proceedings.

8 (f) If the court enters an order for the detention of the

9 defendant under subsection (e) of this Section, the defendant

10 shall be brought to trial on the offense for which he is

11 detained within 90 days after the date on which the order for

12 detention was entered. If the defendant is not brought to trial

13 within the 90 day period required by this subsection (f), he

14 shall not be held longer without pretrial release ~~bail~~. In

15 computing the 90 day period, the court shall omit any period of

16 delay resulting from a continuance granted at the request of

17 the defendant. The court shall immediately notify the alleged

18 victim of the offense that the defendant has been admitted to

19 pretrial release ~~bail~~ under this subsection.

20 (g) Any person shall be entitled to appeal any order

21 entered under this Section denying pretrial release ~~bail~~ to the

22 defendant.

23 (h) The State may appeal any order entered under this

24 Section denying any motion for denial ofpretrial release ~~bail~~.

25 (i) Nothing in this Section shall be construed as modifying

26 or limiting in any way the defendant's presumption of innocence

SB4025

- 231 -

LRB101 20752 RLC 70439 b

1 in further criminal proceedings.

2 (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;

3 98-558, eff. 1-1-14.)

4 (725 ILCS 5/110-6.4)

5 Sec. 110-6.4. Statewide risk-assessment tool. The Supreme

6 Court may establish a statewide risk-assessment tool to be used

7 in proceedings to assist the court in establishing conditions

8 of pretrial release ~~bail~~ for a defendant by assessing the

9 defendant's likelihood of appearing at future court

10 proceedings or determining if the defendant poses a real and

11 present threat to the physical safety of any person or persons.

12 The Supreme Court shall consider establishing a

13 risk-assessment tool that does not discriminate on the basis of

14 race, gender, educational level, socio-economic status, or

15 neighborhood. If a risk-assessment tool is utilized within a

16 circuit that does not require a personal interview to be

17 completed, the Chief Judge of the circuit or the director of

18 the pretrial services agency may exempt the requirement under

19 Section 9 and subsection (a) of Section 7 of the Pretrial

20 Services Act.

21 For the purpose of this Section, "risk-assessment tool"

22 means an empirically validated, evidence-based screening

23 instrument that demonstrates reduced instances of a

24 defendant's failure to appear for further court proceedings or

25 prevents future criminal activity.

SB4025

- 232 -

LRB101 20752 RLC 70439 b

1 (Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18.)

2 (725 ILCS 5/110-6.5)

3 Sec. 110-6.5. Drug testing program. The Chief Judge of the

4 circuit may establish a drug testing program as provided by

5 this Section in any county in the circuit if the county board

6 has approved the establishment of the program and the county

7 probation department or pretrial services agency has consented

8 to administer it. The drug testing program shall be conducted

9 under the following provisions:

10 (a) The court, in the case of a defendant charged with a

11 felony offense or any offense involving the possession or

12 delivery of cannabis or a controlled substance, shall:

13 (1) not consider the release of the defendant on his or

14 her own recognizance, unless the defendant consents to

15 periodic drug testing during the period of release on his

16 or her own recognizance, in accordance with this Section;

17 (2) consider the consent of the defendant to periodic

18 drug testing during the period ofpretrial release ~~on bail~~

19 in accordance with this Section as a favorable factor for

20 the defendant in determining the ~~amount of bail, the~~

21 conditions of pretrial release ~~or in considering the~~

22 ~~defendant's motion to reduce the amount of bail~~.

23 (b) The drug testing shall be conducted by the pretrial

24 services agency or under the direction of the probation

25 department when a pretrial services agency does not exist in

SB4025

- 233 -

LRB101 20752 RLC 70439 b

1 accordance with this Section.

2 (c) A defendant who consents to periodic drug testing as

3 set forth in this Section shall sign an agreement with the

4 court that, during the period of release, the defendant shall

5 refrain from using illegal drugs and that the defendant will

6 comply with the conditions of the testing program. The

7 agreement shall be on a form prescribed by the court and shall

8 be executed at the time of thepretrial release ~~bail~~ hearing.

9 This agreement shall be made a specific condition ofpretrial

10 release ~~bail~~.

11 (d) The drug testing program shall be conducted as follows:

12 (1) The testing shall be done by urinalysis for the

13 detection of phencyclidine, heroin, cocaine, methadone and

14 amphetamines.

15 (2) The collection of samples shall be performed under

16 reasonable and sanitary conditions.

17 (3) Samples shall be collected and tested with due

18 regard for the privacy of the individual being tested and

19 in a manner reasonably calculated to prevent substitutions

20 or interference with the collection or testing of reliable

21 samples.

22 (4) Sample collection shall be documented, and the

23 documentation procedures shall include:

24 (i) Labeling of samples so as to reasonably

25 preclude the probability of erroneous identification

26 of test results; and

SB4025

- 234 -

LRB101 20752 RLC 70439 b

1 (ii) An opportunity for the defendant to provide

2 information on the identification of prescription or

3 nonprescription drugs used in connection with a

4 medical condition.

5 (5) Sample collection, storage, and transportation to

6 the place of testing shall be performed so as to reasonably

7 preclude the probability of sample contamination or

8 adulteration.

9 (6) Sample testing shall conform to scientifically

10 accepted analytical methods and procedures. Testing shall

11 include verification or confirmation of any positive test

12 result by a reliable analytical method before the result of

13 any test may be used as a basis for any action by the

14 court.

15 (e) The initial sample shall be collected before the

16 defendant's pretrialrelease~~on bail~~. Thereafter, the

17 defendant shall report to the pretrial services agency or

18 probation department as required by the agency or department.

19 The pretrial services agency or probation department shall

20 immediately notify the court of any defendant who fails to

21 report for testing.

22 (f) After the initial test, a subsequent confirmed positive

23 test result indicative of continued drug use shall result in

24 the following:

25 (1) Upon the first confirmed positive test result, the

26 pretrial services agency or probation department, shall

SB4025

- 235 -

LRB101 20752 RLC 70439 b

1 place the defendant on a more frequent testing schedule and

2 shall warn the defendant of the consequences of continued

3 drug use.

4 (2) A second confirmed positive test result shall be

5 grounds for a hearing before the judge who authorized the

6 release of the defendant in accordance with the provisions

7 of subsection (g) of this Section.

8 (g) The court shall, upon motion of the State or upon its

9 own motion, conduct a hearing in connection with any defendant

10 who fails to appear for testing, fails to cooperate with the

11 persons conducting the testing program, attempts to submit a

12 sample not his or her own or has had a confirmed positive test

13 result indicative of continued drug use for the second or

14 subsequent time after the initial test. The hearing shall be

15 conducted in accordance with the procedures of Section 110-6.

16 Upon a finding by the court that the State has established

17 by clear and convincing evidence that the defendant has

18 violated the drug testing conditions ofpretrial release ~~bail~~,

19 the court may consider any of the following sanctions:

20 (1) change the conditions ~~increase the amount~~ of the

21 defendant's pretrial release ~~bail or conditions of~~

22 release;

23 (2) impose a jail sentence of up to 5 days;

24 (3) revoke the defendant's pretrial release ~~bail~~; or

25 (4) enter such other orders which are within the power

26 of the court as deemed appropriate.

SB4025

- 236 -

LRB101 20752 RLC 70439 b

1 (h) The results of any drug testing conducted under this

2 Section shall not be admissible on the issue of the defendant's

3 guilt in connection with any criminal charge.

4 (i) The court may require that the defendant pay for the

5 cost of drug testing.

6 (Source: P.A. 88-677, eff. 12-15-94.)

7 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)

8 Sec. 110-7. Pretrial release. ~~Deposit of bail security~~.

9 (a) (Blank). The person for whom conditions of pretrial

10 release have ~~bail has~~ been set shall sign a form acknowledging

11 those conditions and that he or she shall comply with those

12 conditions ~~execute the bail bond and deposit with the clerk of~~

13 ~~the court before which the proceeding is pending a sum of money~~

14 ~~equal to 10% of the bail, but in no event shall such deposit be~~

15 ~~less than $25~~. ~~The clerk of the court shall provide a space on~~

16 ~~each form for a person other than the accused who has provided~~

17 ~~the money for the posting of bail to so indicate and a space~~

18 ~~signed by an accused who has executed the bail bond indicating~~

19 ~~whether a person other than the accused has provided the money~~

20 ~~for the posting of bail. The form shall also include a written~~

21 ~~notice to such person who has provided the defendant with the~~

22 ~~money for the posting of bail indicating that the bail may be~~

23 ~~used to pay costs, attorney's fees, fines, or other purposes~~

24 ~~authorized by the court and if the defendant fails to comply~~

25 ~~with the conditions of the bail bond, the court shall enter an~~

SB4025

- 237 -

LRB101 20752 RLC 70439 b

1 ~~order declaring the bail to be forfeited. The written notice~~

2 ~~must be: (1) distinguishable from the surrounding text; (2) in~~

3 ~~bold type or underscored; and (3) in a type size at least 2~~

4 ~~points larger than the surrounding type. When a person for whom~~

5 ~~bail has been set is charged with an offense under the Illinois~~

6 ~~Controlled Substances Act or the Methamphetamine Control and~~

7 ~~Community Protection Act which is a Class X felony, or making a~~

8 ~~terrorist threat in violation of Section 29D-20 of the Criminal~~

9 ~~Code of 1961 or the Criminal Code of 2012 or an attempt to~~

10 ~~commit the offense of making a terrorist threat, the court may~~

11 ~~require the defendant to deposit a sum equal to 100% of the~~

12 ~~bail.~~Where any person is charged with a forcible felony while

13 free on pretrial release ~~bail~~and is the subject of proceedings

14 under Section 109-3 of this Code the judge conducting the

15 preliminary examination may also conduct a hearing upon the

16 application of the State pursuant to the provisions of Section

17 110-6 of this Code to~~increase or~~ revoke the pretrial release

18 ~~bail~~ for that person's prior alleged offense.

19 (b) (Blank) ~~Upon depositing this sum and any bond fee~~

20 ~~authorized by law, the person shall be released from custody~~

21 ~~subject to the conditions of the bail bond~~.

22 (c) Once conditions of pretrial release have ~~bail has~~ been

23 given and a charge is pending or is thereafter filed in or

24 transferred to a court of competent jurisdiction the latter

25 court shall continue the original conditions of pretrial

26 release ~~bail~~in that court subject to the provisions of Section

SB4025

- 238 -

LRB101 20752 RLC 70439 b

1 110-6 of this Code.

2 (d) After conviction the court may order that the original

3 conditions of pretrial release~~bail~~ stand ~~as bail~~ pending

4 appeal or deny pretrial release ~~, increase or reduce bail~~

5 subject to the provisions of Section 110-6.2.

6 (e) After the entry of an order by the trial court allowing

7 or denying pretrial release ~~bail~~ pending appeal either party

8 may apply to the reviewing court having jurisdiction or to a

9 justice thereof sitting in vacation for an order~~increasing or~~

10 ~~decreasing the amount of bail or~~ allowing or denying pretrial

11 release ~~bail~~pending appeal subject to the provisions of

12 Section 110-6.2.

13 (f) (Blank). ~~When the conditions of the bail bond have been~~

14 ~~performed and the accused has been discharged from all~~

15 ~~obligations in the cause the clerk of the court shall return to~~

16 ~~the accused or to the defendant's designee by an assignment~~

17 ~~executed at the time the bail amount is deposited, unless the~~

18 ~~court orders otherwise, 90% of the sum which had been deposited~~

19 ~~and shall retain as bail bond costs 10% of the amount~~

20 ~~deposited. However, in no event shall the amount retained by~~

21 ~~the clerk as bail bond costs be less than $5. Notwithstanding~~

22 ~~the foregoing, in counties with a population of 3,000,000 or~~

23 ~~more, in no event shall the amount retained by the clerk as~~

24 ~~bail bond costs exceed $100. Bail bond deposited by or on~~

25 ~~behalf of a defendant in one case may be used, in the court's~~

26 ~~discretion, to satisfy financial obligations of that same~~

SB4025

- 239 -

LRB101 20752 RLC 70439 b

1 ~~defendant incurred in a different case due to a fine, court~~

2 ~~costs, restitution or fees of the defendant's attorney of~~

3 ~~record. In counties with a population of 3,000,000 or more, the~~

4 ~~court shall not order bail bond deposited by or on behalf of a~~

5 ~~defendant in one case to be used to satisfy financial~~

6 ~~obligations of that same defendant in a different case until~~

7 ~~the bail bond is first used to satisfy court costs and~~

8 ~~attorney's fees in the case in which the bail bond has been~~

9 ~~deposited and any other unpaid child support obligations are~~

10 ~~satisfied. In counties with a population of less than~~

11 ~~3,000,000, the court shall not order bail bond deposited by or~~

12 ~~on behalf of a defendant in one case to be used to satisfy~~

13 ~~financial obligations of that same defendant in a different~~

14 ~~case until the bail bond is first used to satisfy court costs~~

15 ~~in the case in which the bail bond has been deposited.~~

16 ~~At the request of the defendant the court may order such~~

17 ~~90% of defendant's bail deposit, or whatever amount is~~

18 ~~repayable to defendant from such deposit, to be paid to~~

19 ~~defendant's attorney of record.~~

20 (g) If the accused does not comply with the conditions of

21 pretrial release~~the bail bond~~ the court having jurisdiction

22 shall enter an order declaring thepretrial release ~~bail~~ to be

23 forfeited. Notice of such order of forfeiture shall be mailed

24 forthwith to the accused at his last known address. If the

25 accused does not appear and surrender to the court having

26 jurisdiction within 30 days from the date of the forfeiture or

SB4025

- 240 -

LRB101 20752 RLC 70439 b

1 within such period satisfy the court that appearance and

2 surrender by the accused is impossible and without his fault

3 the court shall enter judgment for the State if the charge for

4 which pretrial release ~~the bond~~was given was a felony or

5 misdemeanor, or if the charge was quasi-criminal or traffic,

6 judgment for the political subdivision of the State which

7 prosecuted the case, against the accused for the amount of the

8 ~~bail and~~costs of the court proceedings; however, in counties

9 with a population of less than 3,000,000, instead of the court

10 entering a judgment for the full amount of thecosts ~~bond~~ the

11 court may, in its discretion, enter judgment for ~~the cash~~

12 ~~deposit on the bond, less~~ costs, retain the deposit for further

13 disposition or,~~if a cash bond was posted~~ for failure to appear

14 in a matter involving enforcement of child support or

15 maintenance, the amount of the costs ~~the cash deposit on the~~

16 ~~bond~~, less outstanding costs, may be awarded to the person or

17 entity to whom the child support or maintenance is due.~~The~~

18 ~~deposit made in accordance with paragraph (a) shall be applied~~

19 ~~to the payment of costs. If judgment is entered and any amount~~

20 ~~of such deposit remains after the payment of costs it shall be~~

21 ~~applied to payment of the judgment and transferred to the~~

22 ~~treasury of the municipal corporation wherein the bond was~~

23 ~~taken if the offense was a violation of any penal ordinance of~~

24 ~~a political subdivision of this State, or to the treasury of~~

25 ~~the county wherein the bond was taken if the offense was a~~

26 ~~violation of any penal statute of this State.~~ The balance of

SB4025

- 241 -

LRB101 20752 RLC 70439 b

1 the judgment for costsmay be enforced and collected in the

2 same manner as a judgment entered in a civil action.

3 (h) After a judgment for a fine and court costs or either

4 is entered in the prosecution of a cause in which a deposit had

5 been made in accordance with paragraph (a) the balance of such

6 deposit~~, after deduction of bail bond costs,~~shall be applied

7 to the payment of the judgment.

8 (i) When a court appearance is required for an alleged

9 violation of the Criminal Code of 1961, the Criminal Code of

10 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish

11 and Aquatic Life Code, the Child Passenger Protection Act, or a

12 comparable offense of a unit of local government as specified

13 in Supreme Court Rule 551, and if the accused does not appear

14 in court on the date set for appearance or any date to which

15 the case may be continued and the court issues an arrest

16 warrant for the accused, based upon his or her failure to

17 appear when having so previously been ordered to appear by the

18 court, the accused upon his or her admission to pretrial

19 release ~~bail~~ shall be assessed by the court a fee of $75.

20 Payment of the fee shall be a condition of release unless

21 otherwise ordered by the court. The fee ~~shall be in addition to~~

22 ~~any bail that the accused is required to deposit for the~~

23 ~~offense for which the accused has been charged and~~ may not be

24 used for the payment of court costs or fines assessed for the

25 offense. The clerk of the court shall remit $70 of the fee

26 assessed to the arresting agency who brings the offender in on

SB4025

- 242 -

LRB101 20752 RLC 70439 b

1 the arrest warrant. If the Department of State Police is the

2 arresting agency, $70 of the fee assessed shall be remitted by

3 the clerk of the court to the State Treasurer within one month

4 after receipt for deposit into the State Police Operations

5 Assistance Fund. The clerk of the court shall remit $5 of the

6 fee assessed to the Circuit Court Clerk Operation and

7 Administrative Fund as provided in Section 27.3d of the Clerks

8 of Courts Act.

9 (Source: P.A. 99-412, eff. 1-1-16.)

10 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

11 Sec. 110-10. Conditions of pretrial release ~~bail bond~~.

12 (a) If a person is released prior to conviction, ~~either~~

13 ~~upon payment of bail security or on his or her own~~

14 ~~recognizance,~~ the conditions of pretrial release ~~the bail bond~~

15 shall be that he or she will:

16 (1) Appear to answer the charge in the court having

17 jurisdiction on a day certain and thereafter as ordered by

18 the court until discharged or final order of the court;

19 (2) Submit himself or herself to the orders and process

20 of the court;

21 (3) (Blank); ~~Not depart this State without leave of the~~

22 ~~court;~~

23 (4) Not violate any criminal statute of any

24 jurisdiction;

25 (5) At a time and place designated by the court,

SB4025

- 243 -

LRB101 20752 RLC 70439 b

1 surrender all firearms in his or her possession to a law

2 enforcement officer designated by the court to take custody

3 of and impound the firearms and physically surrender his or

4 her Firearm Owner's Identification Card to the clerk of the

5 circuit court when the offense the person has been charged

6 with is a forcible felony, stalking, aggravated stalking,

7 domestic battery, any violation of the Illinois Controlled

8 Substances Act, the Methamphetamine Control and Community

9 Protection Act, or the Cannabis Control Act that is

10 classified as a Class 2 or greater felony, or any felony

11 violation of Article 24 of the Criminal Code of 1961 or the

12 Criminal Code of 2012; the court may, however, forgo the

13 imposition of this condition when the circumstances of the

14 case clearly do not warrant it or when its imposition would

15 be impractical; if the Firearm Owner's Identification Card

16 is confiscated, the clerk of the circuit court shall mail

17 the confiscated card to the Illinois State Police; all

18 legally possessed firearms shall be returned to the person

19 upon the charges being dismissed, or if the person is found

20 not guilty, unless the finding of not guilty is by reason

21 of insanity; and

22 (6) At a time and place designated by the court, submit

23 to a psychological evaluation when the person has been

24 charged with a violation of item (4) of subsection (a) of

25 Section 24-1 of the Criminal Code of 1961 or the Criminal

26 Code of 2012 and that violation occurred in a school or in

SB4025

- 244 -

LRB101 20752 RLC 70439 b

1 any conveyance owned, leased, or contracted by a school to

2 transport students to or from school or a school-related

3 activity, or on any public way within 1,000 feet of real

4 property comprising any school.

5 Psychological evaluations ordered pursuant to this Section

6 shall be completed promptly and made available to the State,

7 the defendant, and the court. As a further condition of

8 pretrial release ~~bail~~under these circumstances, the court

9 shall order the defendant to refrain from entering upon the

10 property of the school, including any conveyance owned, leased,

11 or contracted by a school to transport students to or from

12 school or a school-related activity, or on any public way

13 within 1,000 feet of real property comprising any school. Upon

14 receipt of the psychological evaluation, either the State or

15 the defendant may request a change in the conditions of

16 pretrial release ~~bail~~, pursuant to Section 110-6 of this Code.

17 The court may change the conditions of ~~bail~~to include a

18 requirement that the defendant follow the recommendations of

19 the psychological evaluation, including undergoing psychiatric

20 treatment. The conclusions of the psychological evaluation and

21 any statements elicited from the defendant during its

22 administration are not admissible as evidence of guilt during

23 the course of any trial on the charged offense, unless the

24 defendant places his or her mental competency in issue.

25 (b) The court may impose other conditions, such as the

26 following, if the court finds that such conditions are

SB4025

- 245 -

LRB101 20752 RLC 70439 b

1 reasonably necessary to assure the defendant's appearance in

2 court, protect the public from the defendant, or prevent the

3 defendant's unlawful interference with the orderly

4 administration of justice:

5 (0.05) Not depart this State without leave of the

6 court;

7 (1) Report to or appear in person before such person or

8 agency as the court may direct;

9 (2) Refrain from possessing a firearm or other

10 dangerous weapon;

11 (3) Refrain from approaching or communicating with

12 particular persons or classes of persons;

13 (4) Refrain from going to certain described

14 geographical areas or premises;

15 (5) Refrain from engaging in certain activities or

16 indulging in intoxicating liquors or in certain drugs;

17 (6) Undergo treatment for drug addiction or

18 alcoholism;

19 (7) Undergo medical or psychiatric treatment;

20 (8) Work or pursue a course of study or vocational

21 training;

22 (9) Attend or reside in a facility designated by the

23 court;

24 (10) Support his or her dependents;

25 (11) If a minor resides with his or her parents or in a

26 foster home, attend school, attend a non-residential

SB4025

- 246 -

LRB101 20752 RLC 70439 b

1 program for youths, and contribute to his or her own

2 support at home or in a foster home;

3 (12) Observe any curfew ordered by the court;

4 (13) Remain in the custody of such designated person or

5 organization agreeing to supervise his release. Such third

6 party custodian shall be responsible for notifying the

7 court if the defendant fails to observe the conditions of

8 release which the custodian has agreed to monitor, and

9 shall be subject to contempt of court for failure so to

10 notify the court;

11 (14) Be placed under direct supervision of the Pretrial

12 Services Agency, Probation Department or Court Services

13 Department in a pretrial~~bond~~ home supervision capacity

14 with or without the use of an approved electronic

15 monitoring device subject to Article 8A of Chapter V of the

16 Unified Code of Corrections;

17 (14.1) The court may ~~shall~~ impose upon a defendant who

18 is charged with any alcohol, cannabis, methamphetamine, or

19 controlled substance violation and is placed under direct

20 supervision of the Pretrial Services Agency, Probation

21 Department or Court Services Department in a pretrial~~bond~~

22 home supervision capacity with the use of an approved

23 monitoring device, as a condition of such pretrial

24 monitoring ~~bail bond~~, a fee that represents costs

25 incidental to the electronic monitoring for each day of

26 such pretrial ~~bail~~supervision ordered by the court, unless

SB4025

- 247 -

LRB101 20752 RLC 70439 b

1 after determining the inability of the defendant to pay the

2 fee, the court assesses a lesser fee or no fee as the case

3 may be. The fee shall be collected by the clerk of the

4 circuit court, except as provided in an administrative

5 order of the Chief Judge of the circuit court. The clerk of

6 the circuit court shall pay all monies collected from this

7 fee to the county treasurer for deposit in the substance

8 abuse services fund under Section 5-1086.1 of the Counties

9 Code, except as provided in an administrative order of the

10 Chief Judge of the circuit court.

11 The Chief Judge of the circuit court of the county may

12 by administrative order establish a program for electronic

13 monitoring of offenders with regard to drug-related and

14 alcohol-related offenses, in which a vendor supplies and

15 monitors the operation of the electronic monitoring

16 device, and collects the fees on behalf of the county. The

17 program shall include provisions for indigent offenders

18 and the collection of unpaid fees. The program shall not

19 unduly burden the offender and shall be subject to review

20 by the Chief Judge.

21 The Chief Judge of the circuit court may suspend any

22 additional charges or fees for late payment, interest, or

23 damage to any device;

24 (14.2) The court may ~~shall~~ impose upon all defendants,

25 including those defendants subject to paragraph (14.1)

26 above, placed under direct supervision of the Pretrial

SB4025

- 248 -

LRB101 20752 RLC 70439 b

1 Services Agency, Probation Department or Court Services

2 Department in a pretrial ~~bond~~ home supervision capacity

3 with the use of an approved monitoring device, as a

4 condition of such release ~~bail bond~~, a fee which shall

5 represent costs incidental to such electronic monitoring

6 for each day of such ~~bail~~supervision ordered by the court,

7 unless after determining the inability of the defendant to

8 pay the fee, the court assesses a lesser fee or no fee as

9 the case may be. The fee shall be collected by the clerk of

10 the circuit court, except as provided in an administrative

11 order of the Chief Judge of the circuit court. The clerk of

12 the circuit court shall pay all monies collected from this

13 fee to the county treasurer who shall use the monies

14 collected to defray the costs of corrections. The county

15 treasurer shall deposit the fee collected in the county

16 working cash fund under Section 6-27001 or Section 6-29002

17 of the Counties Code, as the case may be, except as

18 provided in an administrative order of the Chief Judge of

19 the circuit court.

20 The Chief Judge of the circuit court of the county may

21 by administrative order establish a program for electronic

22 monitoring of offenders with regard to drug-related and

23 alcohol-related offenses, in which a vendor supplies and

24 monitors the operation of the electronic monitoring

25 device, and collects the fees on behalf of the county. The

26 program shall include provisions for indigent offenders

SB4025

- 249 -

LRB101 20752 RLC 70439 b

1 and the collection of unpaid fees. The program shall not

2 unduly burden the offender and shall be subject to review

3 by the Chief Judge.

4 The Chief Judge of the circuit court may suspend any

5 additional charges or fees for late payment, interest, or

6 damage to any device;

7 (14.3) The Chief Judge of the Judicial Circuit may

8 establish reasonable fees to be paid by a person receiving

9 pretrial services while under supervision of a pretrial

10 services agency, probation department, or court services

11 department. Reasonable fees may be charged for pretrial

12 services including, but not limited to, pretrial

13 supervision, diversion programs, electronic monitoring,

14 victim impact services, drug and alcohol testing, DNA

15 testing, GPS electronic monitoring, assessments and

16 evaluations related to domestic violence and other

17 victims, and victim mediation services. The person

18 receiving pretrial services may be ordered to pay all costs

19 incidental to pretrial services in accordance with his or

20 her ability to pay those costs;

21 (14.4) For persons charged with violating Section

22 11-501 of the Illinois Vehicle Code, refrain from operating

23 a motor vehicle not equipped with an ignition interlock

24 device, as defined in Section 1-129.1 of the Illinois

25 Vehicle Code, pursuant to the rules promulgated by the

26 Secretary of State for the installation of ignition

SB4025

- 250 -

LRB101 20752 RLC 70439 b

1 interlock devices. Under this condition the court may allow

2 a defendant who is not self-employed to operate a vehicle

3 owned by the defendant's employer that is not equipped with

4 an ignition interlock device in the course and scope of the

5 defendant's employment;

6 (15) Comply with the terms and conditions of an order

7 of protection issued by the court under the Illinois

8 Domestic Violence Act of 1986 or an order of protection

9 issued by the court of another state, tribe, or United

10 States territory;

11 (16) Under Section 110-6.5 comply with the conditions

12 of the drug testing program; and

13 (17) Such other reasonable conditions as the court may

14 impose.

15 (c) When a person is charged with an offense under Section

16 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

17 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

18 Criminal Code of 2012, involving a victim who is a minor under

19 18 years of age living in the same household with the defendant

20 at the time of the offense, in ~~granting bail or~~ releasing the

21 defendant ~~on his own recognizance~~, the judge shall impose

22 conditions to restrict the defendant's access to the victim

23 which may include, but are not limited to conditions that he

24 will:

25 1. Vacate the household.

26 2. Make payment of temporary support to his dependents.

SB4025

- 251 -

LRB101 20752 RLC 70439 b

1 3. Refrain from contact or communication with the child

2 victim, except as ordered by the court.

3 (d) When a person is charged with a criminal offense and

4 the victim is a family or household member as defined in

5 Article 112A, conditions shall be imposed at the time of the

6 defendant's release ~~on bond~~that restrict the defendant's

7 access to the victim. Unless provided otherwise by the court,

8 the restrictions shall include requirements that the defendant

9 do the following:

10 (1) refrain from contact or communication with the

11 victim for a minimum period of 72 hours following the

12 defendant's release; and

13 (2) refrain from entering or remaining at the victim's

14 residence for a minimum period of 72 hours following the

15 defendant's release.

16 (e) Local law enforcement agencies shall develop

17 standardized pretrial release ~~bond~~forms for use in cases

18 involving family or household members as defined in Article

19 112A, including specific conditions of pretrial release ~~bond~~ as

20 provided in subsection (d). Failure of any law enforcement

21 department to develop or use those forms shall in no way limit

22 the applicability and enforcement of subsections (d) and (f).

23 (f) If the defendant is released ~~admitted to bail~~ after

24 conviction following appeal or other post-conviction

25 proceeding,the conditions of thepretrial release ~~bail bond~~

26 shall be that he will, in addition to the conditions set forth

SB4025

- 252 -

LRB101 20752 RLC 70439 b

1 in subsections (a) and (b) hereof:

2 (1) Duly prosecute his appeal;

3 (2) Appear at such time and place as the court may

4 direct;

5 (3) Not depart this State without leave of the court;

6 (4) Comply with such other reasonable conditions as the

7 court may impose; and

8 (5) If the judgment is affirmed or the cause reversed

9 and remanded for a new trial, forthwith surrender to the

10 officer from whose custody he wasreleased ~~bailed~~.

11 (g) Upon a finding of guilty for any felony offense, the

12 defendant shall physically surrender, at a time and place

13 designated by the court, any and all firearms in his or her

14 possession and his or her Firearm Owner's Identification Card

15 as a condition of being released ~~remaining on bond~~ pending

16 sentencing.

17 (h) In the event the defendant is denied pretrial release

18 ~~unable to post bond~~, the court may impose a no contact

19 provision with the victim or other interested party that shall

20 be enforced while the defendant remains in custody.

21 (Source: P.A. 101-138, eff. 1-1-20.)

22 (725 ILCS 5/110-11) (from Ch. 38, par. 110-11)

23 Sec. 110-11. Pretrial release ~~Bail~~ on a new trial. If the

24 judgment of conviction is reversed and the cause remanded for a

25 new trial the trial court may order that the conditions of

SB4025

- 253 -

LRB101 20752 RLC 70439 b

1 pretrial release ~~bail~~stand pending such trial, ormodify the

2 conditions of pretrial release ~~reduce or increase bail~~.

3 (Source: Laws 1963, p. 2836.)

4 (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)

5 Sec. 110-12. Notice of change of address.

6 A defendant who has been admitted to pretrial release ~~bail~~

7 shall file a written notice with the clerk of the court before

8 which the proceeding is pending of any change in his or her

9 address within 24 hours after such change, except that a

10 defendant who has been admitted topretrial release ~~bail~~ for a

11 forcible felony as defined in Section 2-8 of the Criminal Code

12 of 2012 shall file a written notice with the clerk of the court

13 before which the proceeding is pending and the clerk shall

14 immediately deliver a time stamped copy of the written notice

15 to the State's Attorney charged with the prosecution within 24

16 hours prior to such change. The address of a defendant who has

17 been admitted topretrial release ~~bail~~ shall at all times

18 remain a matter of public record with the clerk of the court.

19 (Source: P.A. 97-1150, eff. 1-25-13.)

20 (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)

21 Sec. 110-14. Credit for incarceration on ~~bailable~~ offense

22 eligible for pretrial release ~~; credit against monetary bail~~ for

23 certain offenses.

24 (a) Any person incarcerated on an ~~a bailable~~ offense

SB4025

- 254 -

LRB101 20752 RLC 70439 b

1 eligible for pretrial release who does not comply with the

2 conditions of pretrial release ~~supply bail~~ and against whom a

3 fine is levied on conviction of the offense shall be allowed a

4 credit of $30 for each day so incarcerated upon application of

5 the defendant. However, in no case shall the amount so allowed

6 or credited exceed the amount of the fine.

7 (b) Subsection (a) does not apply to a person incarcerated

8 for sexual assault as defined in paragraph (1) of subsection

9 (a) of Section 5-9-1.7 of the Unified Code of Corrections.

10 (c) (Blank) ~~A person subject to bail on a Category B~~

11 ~~offense shall have $30 deducted from his or her 10% cash bond~~

12 ~~amount every day the person is incarcerated. The sheriff shall~~

13 ~~calculate and apply this $30 per day reduction and send notice~~

14 ~~to the circuit clerk if a defendant's 10% cash bond amount is~~

15 ~~reduced to $0, at which point the defendant shall be released~~

16 ~~upon his or her own recognizance~~.

17 (d) The court may deny the incarceration credit in

18 subsection (c) of this Section if the person has failed to

19 appear as required before the court and is incarcerated based

20 on a warrant for failure to appear on the same original

21 criminal offense.

22 (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;

23 101-408, eff. 1-1-20.)

24 (725 ILCS 5/110-16) (from Ch. 38, par. 110-16)

25 Sec. 110-16. Revocation of pretrial release ~~Bail~~

SB4025

- 255 -

LRB101 20752 RLC 70439 b

1 ~~bond-forfeiture~~ in same case or absents self during trial-not

2 eligible for pretrial release~~bailable~~.

3 If a person admitted to pretrial release ~~bail~~ on a felony

4 charge violates the conditions of his or her pretrial release

5 ~~forfeits his bond~~and fails to appear in court during the 30

6 days immediately after suchviolation ~~forfeiture~~, on being

7 taken into custody thereafter he or she is not eligible for

8 pretrial release ~~shall not be bailable~~in the case in question,

9 unless the court finds that his absence was not for the purpose

10 of obstructing justice or avoiding prosecution.

11 (Source: P.A. 77-1447.)

12 (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)

13 Sec. 110-17. Unclaimed bail deposits. Any sum of money

14 deposited before the effective date of this amendatory Act of

15 the 101st General Assembly by any person to secure his or her

16 release from custody which remains unclaimed by the person

17 entitled to its return for 3 years after the conditions of

18 pretrial release ~~the bail bond~~have been performed and the

19 accused has been discharged from all obligations in the cause

20 shall be presumed to be abandoned and subject to disposition

21 under the Revised Uniform Unclaimed Property Act.

22 (Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19;

23 101-81, eff. 7-12-19.)

24 (725 ILCS 5/110-18) (from Ch. 38, par. 110-18)

SB4025

- 256 -

LRB101 20752 RLC 70439 b

1 Sec. 110-18. Reimbursement. The sheriff of each county

2 shall certify to the treasurer of each county the number of

3 days that persons had been detained in the custody of the

4 sheriff without pretrial release ~~a bond~~being set as a result

5 of an order entered pursuant to Section 110-6.1 of this Code.

6 The county treasurer shall, no later than January 1, annually

7 certify to the Supreme Court the number of days that persons

8 had been detained without pretrial release ~~bond~~ during the

9 twelve-month period ending November 30. The Supreme Court shall

10 reimburse, from funds appropriated to it by the General

11 Assembly for such purposes, the treasurer of each county an

12 amount of money for deposit in the county general revenue fund

13 at a rate of $50 per day for each day that persons were

14 detained in custody withoutpretrial release ~~bail~~ as a result

15 of an order entered pursuant to Section 110-6.1 of this Code.

16 (Source: P.A. 85-892.)

17 (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)

18 Sec. 111-2. Commencement of prosecutions.

19 (a) All prosecutions of felonies shall be by information or

20 by indictment. No prosecution may be pursued by information

21 unless a preliminary hearing has been held or waived in

22 accordance with Section 109-3 and at that hearing probable

23 cause to believe the defendant committed an offense was found,

24 and the provisions of Section 109-3.1 of this Code have been

25 complied with.

SB4025

- 257 -

LRB101 20752 RLC 70439 b

1 (b) All other prosecutions may be by indictment,

2 information or complaint.

3 (c) Upon the filing of an information or indictment in open

4 court charging the defendant with the commission of a sex

5 offense defined in any Section of Article 11 of the Criminal

6 Code of 1961 or the Criminal Code of 2012, and a minor as

7 defined in Section 1-3 of the Juvenile Court Act of 1987 is

8 alleged to be the victim of the commission of the acts of the

9 defendant in the commission of such offense, the court may

10 appoint a guardian ad litem for the minor as provided in

11 Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of

12 1987.

13 (d) Upon the filing of an information or indictment in open

14 court, the court shall immediately issue a warrant for the

15 arrest of each person charged with an offense directed to a

16 peace officer or some other person specifically named

17 commanding him to arrest such person.

18 (e) When the offense is eligible for pretrial release

19 ~~bailable~~, the judge shall endorse on the warrant theconditions

20 of pretrial release ~~amount of bail~~ required by the order of the

21 court, and if the court orders the process returnable

22 forthwith, the warrant shall require that the accused be

23 arrested and brought immediately into court.

24 (f) Where the prosecution of a felony is by information or

25 complaint after preliminary hearing, or after a waiver of

26 preliminary hearing in accordance with paragraph (a) of this

SB4025

- 258 -

LRB101 20752 RLC 70439 b

1 Section, such prosecution may be for all offenses, arising from

2 the same transaction or conduct of a defendant even though the

3 complaint or complaints filed at the preliminary hearing

4 charged only one or some of the offenses arising from that

5 transaction or conduct.

6 (Source: P.A. 97-1150, eff. 1-25-13.)

7 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)

8 Sec. 112A-23. Enforcement of protective orders.

9 (a) When violation is crime. A violation of any protective

10 order, whether issued in a civil, quasi-criminal proceeding,

11 shall be enforced by a criminal court when:

12 (1) The respondent commits the crime of violation of a

13 domestic violence order of protection pursuant to Section

14 12-3.4 or 12-30 of the Criminal Code of 1961 or the

15 Criminal Code of 2012, by having knowingly violated:

16 (i) remedies described in paragraphs (1), (2),

17 (3), (14), or (14.5) of subsection (b) of Section

18 112A-14 of this Code,

19 (ii) a remedy, which is substantially similar to

20 the remedies authorized under paragraphs (1), (2),

21 (3), (14), or (14.5) of subsection (b) of Section 214

22 of the Illinois Domestic Violence Act of 1986, in a

23 valid order of protection, which is authorized under

24 the laws of another state, tribe or United States

25 territory, or

SB4025

- 259 -

LRB101 20752 RLC 70439 b

1 (iii) ~~or~~any other remedy when the act constitutes

2 a crime against the protected parties as defined by the

3 Criminal Code of 1961 or the Criminal Code of 2012.

4 Prosecution for a violation of a domestic violence

5 order of protection shall not bar concurrent prosecution

6 for any other crime, including any crime that may have been

7 committed at the time of the violation of the domestic

8 violence order of protection; or

9 (2) The respondent commits the crime of child abduction

10 pursuant to Section 10-5 of the Criminal Code of 1961 or

11 the Criminal Code of 2012, by having knowingly violated:

12 (i) remedies described in paragraphs (5), (6), or

13 (8) of subsection (b) of Section 112A-14 of this Code,

14 or

15 (ii) a remedy, which is substantially similar to

16 the remedies authorized under paragraphs (1), (5),

17 (6), or (8) of subsection (b) of Section 214 of the

18 Illinois Domestic Violence Act of 1986, in a valid

19 domestic violence order of protection, which is

20 authorized under the laws of another state, tribe or

21 United States territory.

22 (3) The respondent commits the crime of violation of a

23 civil no contact order when the respondent violates Section

24 12-3.8 of the Criminal Code of 2012. Prosecution for a

25 violation of a civil no contact order shall not bar

26 concurrent prosecution for any other crime, including any

SB4025

- 260 -

LRB101 20752 RLC 70439 b

1 crime that may have been committed at the time of the

2 violation of the civil no contact order.

3 (4) The respondent commits the crime of violation of a

4 stalking no contact order when the respondent violates

5 Section 12-3.9 of the Criminal Code of 2012. Prosecution

6 for a violation of a stalking no contact order shall not

7 bar concurrent prosecution for any other crime, including

8 any crime that may have been committed at the time of the

9 violation of the stalking no contact order.

10 (b) When violation is contempt of court. A violation of any

11 valid protective order, whether issued in a civil or criminal

12 proceeding, may be enforced through civil or criminal contempt

13 procedures, as appropriate, by any court with jurisdiction,

14 regardless where the act or acts which violated the protective

15 order were committed, to the extent consistent with the venue

16 provisions of this Article. Nothing in this Article shall

17 preclude any Illinois court from enforcing any valid protective

18 order issued in another state. Illinois courts may enforce

19 protective orders through both criminal prosecution and

20 contempt proceedings, unless the action which is second in time

21 is barred by collateral estoppel or the constitutional

22 prohibition against double jeopardy.

23 (1) In a contempt proceeding where the petition for a

24 rule to show cause sets forth facts evidencing an immediate

25 danger that the respondent will flee the jurisdiction,

26 conceal a child, or inflict physical abuse on the

SB4025

- 261 -

LRB101 20752 RLC 70439 b

1 petitioner or minor children or on dependent adults in

2 petitioner's care, the court may order the attachment of

3 the respondent without prior service of the rule to show

4 cause or the petition for a rule to show cause. Bond shall

5 be set unless specifically denied in writing.

6 (2) A petition for a rule to show cause for violation

7 of a protective order shall be treated as an expedited

8 proceeding.

9 (c) Violation of custody, allocation of parental

10 responsibility, or support orders. A violation of remedies

11 described in paragraphs (5), (6), (8), or (9) of subsection (b)

12 of Section 112A-14 of this Code may be enforced by any remedy

13 provided by Section 607.5 of the Illinois Marriage and

14 Dissolution of Marriage Act. The court may enforce any order

15 for support issued under paragraph (12) of subsection (b) of

16 Section 112A-14 of this Code in the manner provided for under

17 Parts V and VII of the Illinois Marriage and Dissolution of

18 Marriage Act.

19 (d) Actual knowledge. A protective order may be enforced

20 pursuant to this Section if the respondent violates the order

21 after respondent has actual knowledge of its contents as shown

22 through one of the following means:

23 (1) (Blank).

24 (2) (Blank).

25 (3) By service of a protective order under subsection

26 (f) of Section 112A-17.5 or Section 112A-22 of this Code.

SB4025

- 262 -

LRB101 20752 RLC 70439 b

1 (4) By other means demonstrating actual knowledge of

2 the contents of the order.

3 (e) The enforcement of a protective order in civil or

4 criminal court shall not be affected by either of the

5 following:

6 (1) The existence of a separate, correlative order

7 entered under Section 112A-15 of this Code.

8 (2) Any finding or order entered in a conjoined

9 criminal proceeding.

10 (f) Circumstances. The court, when determining whether or

11 not a violation of a protective order has occurred, shall not

12 require physical manifestations of abuse on the person of the

13 victim.

14 (g) Penalties.

15 (1) Except as provided in paragraph (3) of this

16 subsection (g), where the court finds the commission of a

17 crime or contempt of court under subsections (a) or (b) of

18 this Section, the penalty shall be the penalty that

19 generally applies in such criminal or contempt

20 proceedings, and may include one or more of the following:

21 incarceration, payment of restitution, a fine, payment of

22 attorneys' fees and costs, or community service.

23 (2) The court shall hear and take into account evidence

24 of any factors in aggravation or mitigation before deciding

25 an appropriate penalty under paragraph (1) of this

26 subsection (g).

SB4025

- 263 -

LRB101 20752 RLC 70439 b

1 (3) To the extent permitted by law, the court is

2 encouraged to:

3 (i) increase the penalty for the knowing violation

4 of any protective order over any penalty previously

5 imposed by any court for respondent's violation of any

6 protective order or penal statute involving petitioner

7 as victim and respondent as defendant;

8 (ii) impose a minimum penalty of 24 hours

9 imprisonment for respondent's first violation of any

10 protective order; and

11 (iii) impose a minimum penalty of 48 hours

12 imprisonment for respondent's second or subsequent

13 violation of a protective order

14 unless the court explicitly finds that an increased penalty

15 or that period of imprisonment would be manifestly unjust.

16 (4) In addition to any other penalties imposed for a

17 violation of a protective order, a criminal court may

18 consider evidence of any violations of a protective order:

19 (i) to ~~increase, revoke, or~~ modify the conditions

20 of pretrial release ~~bail bond~~on an underlying criminal

21 charge pursuant to Section 110-6 of this Code;

22 (ii) to revoke or modify an order of probation,

23 conditional discharge, or supervision, pursuant to

24 Section 5-6-4 of the Unified Code of Corrections;

25 (iii) to revoke or modify a sentence of periodic

26 imprisonment, pursuant to Section 5-7-2 of the Unified

SB4025

- 264 -

LRB101 20752 RLC 70439 b

1 Code of Corrections.

2 (Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18;

3 100-597, eff. 6-29-18; revised 7-12-19.)

4 (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)

5 Sec. 114-1. Motion to dismiss charge.

6 (a) Upon the written motion of the defendant made prior to

7 trial before or after a plea has been entered the court may

8 dismiss the indictment, information or complaint upon any of

9 the following grounds:

10 (1) The defendant has not been placed on trial in

11 compliance with Section 103-5 of this Code.

12 (2) The prosecution of the offense is barred by

13 Sections 3-3 through 3-8 of the Criminal Code of 2012.

14 (3) The defendant has received immunity from

15 prosecution for the offense charged.

16 (4) The indictment was returned by a Grand Jury which

17 was improperly selected and which results in substantial

18 injustice to the defendant.

19 (5) The indictment was returned by a Grand Jury which

20 acted contrary to Article 112 of this Code and which

21 results in substantial injustice to the defendant.

22 (6) The court in which the charge has been filed does

23 not have jurisdiction.

24 (7) The county is an improper place of trial.

25 (8) The charge does not state an offense.

SB4025

- 265 -

LRB101 20752 RLC 70439 b

1 (9) The indictment is based solely upon the testimony

2 of an incompetent witness.

3 (10) The defendant is misnamed in the charge and the

4 misnomer results in substantial injustice to the

5 defendant.

6 (11) The requirements of Section 109-3.1 have not been

7 complied with.

8 (b) The court shall require any motion to dismiss to be

9 filed within a reasonable time after the defendant has been

10 arraigned. Any motion not filed within such time or an

11 extension thereof shall not be considered by the court and the

12 grounds therefor, except as to subsections (a)(6) and (a)(8) of

13 this Section, are waived.

14 (c) If the motion presents only an issue of law the court

15 shall determine it without the necessity of further pleadings.

16 If the motion alleges facts not of record in the case the State

17 shall file an answer admitting or denying each of the factual

18 allegations of the motion.

19 (d) When an issue of fact is presented by a motion to

20 dismiss and the answer of the State the court shall conduct a

21 hearing and determine the issues.

22 (d-5) When a defendant seeks dismissal of the charge upon

23 the ground set forth in subsection (a)(7) of this Section, the

24 defendant shall make a prima facie showing that the county is

25 an improper place of trial. Upon such showing, the State shall

26 have the burden of proving, by a preponderance of the evidence,

SB4025

- 266 -

LRB101 20752 RLC 70439 b

1 that the county is the proper place of trial.

2 (d-6) When a defendant seeks dismissal of the charge upon

3 the grounds set forth in subsection (a)(2) of this Section, the

4 prosecution shall have the burden of proving, by a

5 preponderance of the evidence, that the prosecution of the

6 offense is not barred by Sections 3-3 through 3-8 of the

7 Criminal Code of 2012.

8 (e) Dismissal of the charge upon the grounds set forth in

9 subsections (a)(4) through (a)(11) of this Section shall not

10 prevent the return of a new indictment or the filing of a new

11 charge, and upon such dismissal the court may order that the

12 defendant be held in custody or, if the defendant had been

13 previously released on pretrial release ~~bail~~, that the pretrial

14 release ~~bail~~ be continued for a specified time pending the

15 return of a new indictment or the filing of a new charge.

16 (f) If the court determines that the motion to dismiss

17 based upon the grounds set forth in subsections (a)(6) and

18 (a)(7) is well founded it may, instead of dismissal, order the

19 cause transferred to a court of competent jurisdiction or to a

20 proper place of trial.

21 (Source: P.A. 100-434, eff. 1-1-18.)

22 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)

23 Sec. 115-4.1. Absence of defendant.

24 (a) When a defendant after arrest and an initial court

25 appearance for a non-capital felony or a misdemeanor, fails to

SB4025

- 267 -

LRB101 20752 RLC 70439 b

1 appear for trial, at the request of the State and after the

2 State has affirmatively proven through substantial evidence

3 that the defendant is willfully avoiding trial, the court may

4 commence trial in the absence of the defendant. Absence of a

5 defendant as specified in this Section shall not be a bar to

6 indictment of a defendant, return of information against a

7 defendant, or arraignment of a defendant for the charge for

8 whichpretrial release ~~bail~~ has been granted. If a defendant

9 fails to appear at arraignment, the court may enter a plea of

10 "not guilty" on his behalf. If a defendant absents himself

11 before trial on a capital felony, trial may proceed as

12 specified in this Section provided that the State certifies

13 that it will not seek a death sentence following conviction.

14 Trial in the defendant's absence shall be by jury unless the

15 defendant had previously waived trial by jury. The absent

16 defendant must be represented by retained or appointed counsel.

17 The court, at the conclusion of all of the proceedings, may

18 order the clerk of the circuit court to pay counsel such sum as

19 the court deems reasonable, from any bond monies which were

20 posted by the defendant with the clerk, after the clerk has

21 first deducted all court costs. If trial had previously

22 commenced in the presence of the defendant and the defendant

23 willfully absents himself for two successive court days, the

24 court shall proceed to trial. All procedural rights guaranteed

25 by the United States Constitution, Constitution of the State of

26 Illinois, statutes of the State of Illinois, and rules of court

SB4025

- 268 -

LRB101 20752 RLC 70439 b

1 shall apply to the proceedings the same as if the defendant

2 were present in court and had not eitherhad his or her

3 pretrial release revoked ~~forfeited his bail bond~~or escaped

4 from custody. The court may set the case for a trial which may

5 be conducted under this Section despite the failure of the

6 defendant to appear at the hearing at which the trial date is

7 set. When such trial date is set the clerk shall send to the

8 defendant, by certified mail at his last known address

9 indicated on his bond slip, notice of the new date which has

10 been set for trial. Such notification shall be required when

11 the defendant was not personally present in open court at the

12 time when the case was set for trial.

13 (b) The absence of a defendant from a trial conducted

14 pursuant to this Section does not operate as a bar to

15 concluding the trial, to a judgment of conviction resulting

16 therefrom, or to a final disposition of the trial in favor of

17 the defendant.

18 (c) Upon a verdict of not guilty, the court shall enter

19 judgment for the defendant. Upon a verdict of guilty, the court

20 shall set a date for the hearing of post-trial motions and

21 shall hear such motion in the absence of the defendant. If

22 post-trial motions are denied, the court shall proceed to

23 conduct a sentencing hearing and to impose a sentence upon the

24 defendant.

25 (d) A defendant who is absent for part of the proceedings

26 of trial, post-trial motions, or sentencing, does not thereby

SB4025

- 269 -

LRB101 20752 RLC 70439 b

1 forfeit his right to be present at all remaining proceedings.

2 (e) When a defendant who in his absence has been either

3 convicted or sentenced or both convicted and sentenced appears

4 before the court, he must be granted a new trial or new

5 sentencing hearing if the defendant can establish that his

6 failure to appear in court was both without his fault and due

7 to circumstances beyond his control. A hearing with notice to

8 the State's Attorney on the defendant's request for a new trial

9 or a new sentencing hearing must be held before any such

10 request may be granted. At any such hearing both the defendant

11 and the State may present evidence.

12 (f) If the court grants only the defendant's request for a

13 new sentencing hearing, then a new sentencing hearing shall be

14 held in accordance with the provisions of the Unified Code of

15 Corrections. At any such hearing, both the defendant and the

16 State may offer evidence of the defendant's conduct during his

17 period of absence from the court. The court may impose any

18 sentence authorized by the Unified Code of Corrections and is

19 not in any way limited or restricted by any sentence previously

20 imposed.

21 (g) A defendant whose motion under paragraph (e) for a new

22 trial or new sentencing hearing has been denied may file a

23 notice of appeal therefrom. Such notice may also include a

24 request for review of the judgment and sentence not vacated by

25 the trial court.

26 (Source: P.A. 90-787, eff. 8-14-98.)

SB4025

- 270 -

LRB101 20752 RLC 70439 b

1 (725 ILCS 5/122-6) (from Ch. 38, par. 122-6)

2 Sec. 122-6. Disposition in trial court.

3 The court may receive proof by affidavits, depositions,

4 oral testimony, or other evidence. In its discretion the court

5 may order the petitioner brought before the court for the

6 hearing. If the court finds in favor of the petitioner, it

7 shall enter an appropriate order with respect to the judgment

8 or sentence in the former proceedings and such supplementary

9 orders as to rearraignment, retrial, custody, conditions of

10 pretrial release ~~bail~~or discharge as may be necessary and

11 proper.

12 (Source: Laws 1963, p. 2836.)

13 (725 ILCS 5/110-8 rep.)

14 (725 ILCS 5/110-9 rep.)

15 (725 ILCS 5/110-13 rep.)

16 (725 ILCS 5/110-15 rep.)

17 Section 91. The Code of Criminal Procedure of 1963 is

18 amended by repealing Sections 110-8, 110-9, 110-13, and 110-15.

19 Section 95. The Rights of Crime Victims and Witnesses Act

20 is amended by changing Sections 4 and 4.5 as follows:

21 (725 ILCS 120/4) (from Ch. 38, par. 1404)

22 Sec. 4. Rights of crime victims.

SB4025

- 271 -

LRB101 20752 RLC 70439 b

1 (a) Crime victims shall have the following rights:

2 (1) The right to be treated with fairness and respect

3 for their dignity and privacy and to be free from

4 harassment, intimidation, and abuse throughout the

5 criminal justice process.

6 (1.5) The right to notice and to a hearing before a

7 court ruling on a request for access to any of the victim's

8 records, information, or communications which are

9 privileged or confidential by law.

10 (2) The right to timely notification of all court

11 proceedings.

12 (3) The right to communicate with the prosecution.

13 (4) The right to be heard at any post-arraignment court

14 proceeding in which a right of the victim is at issue and

15 any court proceeding involving a post-arraignment release

16 decision, plea, or sentencing.

17 (5) The right to be notified of the conviction, the

18 sentence, the imprisonment and the release of the accused.

19 (6) The right to the timely disposition of the case

20 following the arrest of the accused.

21 (7) The right to be reasonably protected from the

22 accused through the criminal justice process.

23 (7.5) The right to have the safety of the victim and

24 the victim's family considered in ~~denying or fixing the~~

25 ~~amount of bail,~~ determining whether to release the

26 defendant~~,~~ and setting conditions of release after arrest

SB4025

- 272 -

LRB101 20752 RLC 70439 b

1 and conviction.

2 (8) The right to be present at the trial and all other

3 court proceedings on the same basis as the accused, unless

4 the victim is to testify and the court determines that the

5 victim's testimony would be materially affected if the

6 victim hears other testimony at the trial.

7 (9) The right to have present at all court proceedings,

8 including proceedings under the Juvenile Court Act of 1987,

9 subject to the rules of evidence, an advocate and other

10 support person of the victim's choice.

11 (10) The right to restitution.

12 (b) Any law enforcement agency that investigates an offense

13 committed in this State shall provide a crime victim with a

14 written statement and explanation of the rights of crime

15 victims under this amendatory Act of the 99th General Assembly

16 within 48 hours of law enforcement's initial contact with a

17 victim. The statement shall include information about crime

18 victim compensation, including how to contact the Office of the

19 Illinois Attorney General to file a claim, and appropriate

20 referrals to local and State programs that provide victim

21 services. The content of the statement shall be provided to law

22 enforcement by the Attorney General. Law enforcement shall also

23 provide a crime victim with a sign-off sheet that the victim

24 shall sign and date as an acknowledgement that he or she has

25 been furnished with information and an explanation of the

26 rights of crime victims and compensation set forth in this Act.

SB4025

- 273 -

LRB101 20752 RLC 70439 b

1 (b-5) Upon the request of the victim, the law enforcement

2 agency having jurisdiction shall provide a free copy of the

3 police report concerning the victim's incident, as soon as

4 practicable, but in no event later than 5 business days from

5 the request.

6 (c) The Clerk of the Circuit Court shall post the rights of

7 crime victims set forth in Article I, Section 8.1(a) of the

8 Illinois Constitution and subsection (a) of this Section within

9 3 feet of the door to any courtroom where criminal proceedings

10 are conducted. The clerk may also post the rights in other

11 locations in the courthouse.

12 (d) At any point, the victim has the right to retain a

13 victim's attorney who may be present during all stages of any

14 interview, investigation, or other interaction with

15 representatives of the criminal justice system. Treatment of

16 the victim should not be affected or altered in any way as a

17 result of the victim's decision to exercise this right.

18 (Source: P.A. 99-413, eff. 8-20-15; 100-1087, eff. 1-1-19.)

19 (725 ILCS 120/4.5)

20 Sec. 4.5. Procedures to implement the rights of crime

21 victims. To afford crime victims their rights, law enforcement,

22 prosecutors, judges, and corrections will provide information,

23 as appropriate, of the following procedures:

24 (a) At the request of the crime victim, law enforcement

25 authorities investigating the case shall provide notice of the

SB4025

- 274 -

LRB101 20752 RLC 70439 b

1 status of the investigation, except where the State's Attorney

2 determines that disclosure of such information would

3 unreasonably interfere with the investigation, until such time

4 as the alleged assailant is apprehended or the investigation is

5 closed.

6 (a-5) When law enforcement authorities reopen a closed case

7 to resume investigating, they shall provide notice of the

8 reopening of the case, except where the State's Attorney

9 determines that disclosure of such information would

10 unreasonably interfere with the investigation.

11 (b) The office of the State's Attorney:

12 (1) shall provide notice of the filing of an

13 information, the return of an indictment, or the filing of

14 a petition to adjudicate a minor as a delinquent for a

15 violent crime;

16 (2) shall provide timely notice of the date, time, and

17 place of court proceedings; of any change in the date,

18 time, and place of court proceedings; and of any

19 cancellation of court proceedings. Notice shall be

20 provided in sufficient time, wherever possible, for the

21 victim to make arrangements to attend or to prevent an

22 unnecessary appearance at court proceedings;

23 (3) or victim advocate personnel shall provide

24 information of social services and financial assistance

25 available for victims of crime, including information of

26 how to apply for these services and assistance;

SB4025

- 275 -

LRB101 20752 RLC 70439 b

1 (3.5) or victim advocate personnel shall provide

2 information about available victim services, including

3 referrals to programs, counselors, and agencies that

4 assist a victim to deal with trauma, loss, and grief;

5 (4) shall assist in having any stolen or other personal

6 property held by law enforcement authorities for

7 evidentiary or other purposes returned as expeditiously as

8 possible, pursuant to the procedures set out in Section

9 115-9 of the Code of Criminal Procedure of 1963;

10 (5) or victim advocate personnel shall provide

11 appropriate employer intercession services to ensure that

12 employers of victims will cooperate with the criminal

13 justice system in order to minimize an employee's loss of

14 pay and other benefits resulting from court appearances;

15 (6) shall provide, whenever possible, a secure waiting

16 area during court proceedings that does not require victims

17 to be in close proximity to defendants or juveniles accused

18 of a violent crime, and their families and friends;

19 (7) shall provide notice to the crime victim of the

20 right to have a translator present at all court proceedings

21 and, in compliance with the federal Americans with

22 Disabilities Act of 1990, the right to communications

23 access through a sign language interpreter or by other

24 means;

25 (8) (blank);

26 (8.5) shall inform the victim of the right to be

SB4025

- 276 -

LRB101 20752 RLC 70439 b

1 present at all court proceedings, unless the victim is to

2 testify and the court determines that the victim's

3 testimony would be materially affected if the victim hears

4 other testimony at trial;

5 (9) shall inform the victim of the right to have

6 present at all court proceedings, subject to the rules of

7 evidence and confidentiality, an advocate and other

8 support person of the victim's choice;

9 (9.3) shall inform the victim of the right to retain an

10 attorney, at the victim's own expense, who, upon written

11 notice filed with the clerk of the court and State's

12 Attorney, is to receive copies of all notices, motions, and

13 court orders filed thereafter in the case, in the same

14 manner as if the victim were a named party in the case;

15 (9.5) shall inform the victim of (A) the victim's right

16 under Section 6 of this Act to make a statement at the

17 sentencing hearing; (B) the right of the victim's spouse,

18 guardian, parent, grandparent, and other immediate family

19 and household members under Section 6 of this Act to

20 present a statement at sentencing; and (C) if a presentence

21 report is to be prepared, the right of the victim's spouse,

22 guardian, parent, grandparent, and other immediate family

23 and household members to submit information to the preparer

24 of the presentence report about the effect the offense has

25 had on the victim and the person;

26 (10) at the sentencing shall make a good faith attempt

SB4025

- 277 -

LRB101 20752 RLC 70439 b

1 to explain the minimum amount of time during which the

2 defendant may actually be physically imprisoned. The

3 Office of the State's Attorney shall further notify the

4 crime victim of the right to request from the Prisoner

5 Review Board or Department of Juvenile Justice information

6 concerning the release of the defendant;

7 (11) shall request restitution at sentencing and as

8 part of a plea agreement if the victim requests

9 restitution;

10 (12) shall, upon the court entering a verdict of not

11 guilty by reason of insanity, inform the victim of the

12 notification services available from the Department of

13 Human Services, including the statewide telephone number,

14 under subparagraph (d)(2) of this Section;

15 (13) shall provide notice within a reasonable time

16 after receipt of notice from the custodian, of the release

17 of the defendant on pretrial release ~~bail~~ or personal

18 recognizance or the release from detention of a minor who

19 has been detained;

20 (14) shall explain in nontechnical language the

21 details of any plea or verdict of a defendant, or any

22 adjudication of a juvenile as a delinquent;

23 (15) shall make all reasonable efforts to consult with

24 the crime victim before the Office of the State's Attorney

25 makes an offer of a plea bargain to the defendant or enters

26 into negotiations with the defendant concerning a possible

SB4025

- 278 -

LRB101 20752 RLC 70439 b

1 plea agreement, and shall consider the written statement,

2 if prepared prior to entering into a plea agreement. The

3 right to consult with the prosecutor does not include the

4 right to veto a plea agreement or to insist the case go to

5 trial. If the State's Attorney has not consulted with the

6 victim prior to making an offer or entering into plea

7 negotiations with the defendant, the Office of the State's

8 Attorney shall notify the victim of the offer or the

9 negotiations within 2 business days and confer with the

10 victim;

11 (16) shall provide notice of the ultimate disposition

12 of the cases arising from an indictment or an information,

13 or a petition to have a juvenile adjudicated as a

14 delinquent for a violent crime;

15 (17) shall provide notice of any appeal taken by the

16 defendant and information on how to contact the appropriate

17 agency handling the appeal, and how to request notice of

18 any hearing, oral argument, or decision of an appellate

19 court;

20 (18) shall provide timely notice of any request for

21 post-conviction review filed by the defendant under

22 Article 122 of the Code of Criminal Procedure of 1963, and

23 of the date, time and place of any hearing concerning the

24 petition. Whenever possible, notice of the hearing shall be

25 given within 48 hours of the court's scheduling of the

26 hearing; and

SB4025

- 279 -

LRB101 20752 RLC 70439 b

1 (19) shall forward a copy of any statement presented

2 under Section 6 to the Prisoner Review Board or Department

3 of Juvenile Justice to be considered in making a

4 determination under Section 3-2.5-85 or subsection (b) of

5 Section 3-3-8 of the Unified Code of Corrections.

6 (c) The court shall ensure that the rights of the victim

7 are afforded.

8 (c-5) The following procedures shall be followed to afford

9 victims the rights guaranteed by Article I, Section 8.1 of the

10 Illinois Constitution:

11 (1) Written notice. A victim may complete a written

12 notice of intent to assert rights on a form prepared by the

13 Office of the Attorney General and provided to the victim

14 by the State's Attorney. The victim may at any time provide

15 a revised written notice to the State's Attorney. The

16 State's Attorney shall file the written notice with the

17 court. At the beginning of any court proceeding in which

18 the right of a victim may be at issue, the court and

19 prosecutor shall review the written notice to determine

20 whether the victim has asserted the right that may be at

21 issue.

22 (2) Victim's retained attorney. A victim's attorney

23 shall file an entry of appearance limited to assertion of

24 the victim's rights. Upon the filing of the entry of

25 appearance and service on the State's Attorney and the

26 defendant, the attorney is to receive copies of all

SB4025

- 280 -

LRB101 20752 RLC 70439 b

1 notices, motions and court orders filed thereafter in the

2 case.

3 (3) Standing. The victim has standing to assert the

4 rights enumerated in subsection (a) of Article I, Section

5 8.1 of the Illinois Constitution and the statutory rights

6 under Section 4 of this Act in any court exercising

7 jurisdiction over the criminal case. The prosecuting

8 attorney, a victim, or the victim's retained attorney may

9 assert the victim's rights. The defendant in the criminal

10 case has no standing to assert a right of the victim in any

11 court proceeding, including on appeal.

12 (4) Assertion of and enforcement of rights.

13 (A) The prosecuting attorney shall assert a

14 victim's right or request enforcement of a right by

15 filing a motion or by orally asserting the right or

16 requesting enforcement in open court in the criminal

17 case outside the presence of the jury. The prosecuting

18 attorney shall consult with the victim and the victim's

19 attorney regarding the assertion or enforcement of a

20 right. If the prosecuting attorney decides not to

21 assert or enforce a victim's right, the prosecuting

22 attorney shall notify the victim or the victim's

23 attorney in sufficient time to allow the victim or the

24 victim's attorney to assert the right or to seek

25 enforcement of a right.

26 (B) If the prosecuting attorney elects not to

SB4025

- 281 -

LRB101 20752 RLC 70439 b

1 assert a victim's right or to seek enforcement of a

2 right, the victim or the victim's attorney may assert

3 the victim's right or request enforcement of a right by

4 filing a motion or by orally asserting the right or

5 requesting enforcement in open court in the criminal

6 case outside the presence of the jury.

7 (C) If the prosecuting attorney asserts a victim's

8 right or seeks enforcement of a right, and the court

9 denies the assertion of the right or denies the request

10 for enforcement of a right, the victim or victim's

11 attorney may file a motion to assert the victim's right

12 or to request enforcement of the right within 10 days

13 of the court's ruling. The motion need not demonstrate

14 the grounds for a motion for reconsideration. The court

15 shall rule on the merits of the motion.

16 (D) The court shall take up and decide any motion

17 or request asserting or seeking enforcement of a

18 victim's right without delay, unless a specific time

19 period is specified by law or court rule. The reasons

20 for any decision denying the motion or request shall be

21 clearly stated on the record.

22 (5) Violation of rights and remedies.

23 (A) If the court determines that a victim's right

24 has been violated, the court shall determine the

25 appropriate remedy for the violation of the victim's

26 right by hearing from the victim and the parties,

SB4025

- 282 -

LRB101 20752 RLC 70439 b

1 considering all factors relevant to the issue, and then

2 awarding appropriate relief to the victim.

3 (A-5) Consideration of an issue of a substantive

4 nature or an issue that implicates the constitutional

5 or statutory right of a victim at a court proceeding

6 labeled as a status hearing shall constitute a per se

7 violation of a victim's right.

8 (B) The appropriate remedy shall include only

9 actions necessary to provide the victim the right to

10 which the victim was entitled and may include reopening

11 previously held proceedings; however, in no event

12 shall the court vacate a conviction. Any remedy shall

13 be tailored to provide the victim an appropriate remedy

14 without violating any constitutional right of the

15 defendant. In no event shall the appropriate remedy be

16 a new trial, damages, or costs.

17 (6) Right to be heard. Whenever a victim has the right

18 to be heard, the court shall allow the victim to exercise

19 the right in any reasonable manner the victim chooses.

20 (7) Right to attend trial. A party must file a written

21 motion to exclude a victim from trial at least 60 days

22 prior to the date set for trial. The motion must state with

23 specificity the reason exclusion is necessary to protect a

24 constitutional right of the party, and must contain an

25 offer of proof. The court shall rule on the motion within

26 30 days. If the motion is granted, the court shall set

SB4025

- 283 -

LRB101 20752 RLC 70439 b

1 forth on the record the facts that support its finding that

2 the victim's testimony will be materially affected if the

3 victim hears other testimony at trial.

4 (8) Right to have advocate and support person present

5 at court proceedings.

6 (A) A party who intends to call an advocate as a

7 witness at trial must seek permission of the court

8 before the subpoena is issued. The party must file a

9 written motion at least 90 days before trial that sets

10 forth specifically the issues on which the advocate's

11 testimony is sought and an offer of proof regarding (i)

12 the content of the anticipated testimony of the

13 advocate; and (ii) the relevance, admissibility, and

14 materiality of the anticipated testimony. The court

15 shall consider the motion and make findings within 30

16 days of the filing of the motion. If the court finds by

17 a preponderance of the evidence that: (i) the

18 anticipated testimony is not protected by an absolute

19 privilege; and (ii) the anticipated testimony contains

20 relevant, admissible, and material evidence that is

21 not available through other witnesses or evidence, the

22 court shall issue a subpoena requiring the advocate to

23 appear to testify at an in camera hearing. The

24 prosecuting attorney and the victim shall have 15 days

25 to seek appellate review before the advocate is

26 required to testify at an ex parte in camera

SB4025

- 284 -

LRB101 20752 RLC 70439 b

1 proceeding.

2 The prosecuting attorney, the victim, and the

3 advocate's attorney shall be allowed to be present at

4 the ex parte in camera proceeding. If, after conducting

5 the ex parte in camera hearing, the court determines

6 that due process requires any testimony regarding

7 confidential or privileged information or

8 communications, the court shall provide to the

9 prosecuting attorney, the victim, and the advocate's

10 attorney a written memorandum on the substance of the

11 advocate's testimony. The prosecuting attorney, the

12 victim, and the advocate's attorney shall have 15 days

13 to seek appellate review before a subpoena may be

14 issued for the advocate to testify at trial. The

15 presence of the prosecuting attorney at the ex parte in

16 camera proceeding does not make the substance of the

17 advocate's testimony that the court has ruled

18 inadmissible subject to discovery.

19 (B) If a victim has asserted the right to have a

20 support person present at the court proceedings, the

21 victim shall provide the name of the person the victim

22 has chosen to be the victim's support person to the

23 prosecuting attorney, within 60 days of trial. The

24 prosecuting attorney shall provide the name to the

25 defendant. If the defendant intends to call the support

26 person as a witness at trial, the defendant must seek

SB4025

- 285 -

LRB101 20752 RLC 70439 b

1 permission of the court before a subpoena is issued.

2 The defendant must file a written motion at least 45

3 days prior to trial that sets forth specifically the

4 issues on which the support person will testify and an

5 offer of proof regarding: (i) the content of the

6 anticipated testimony of the support person; and (ii)

7 the relevance, admissibility, and materiality of the

8 anticipated testimony.

9 If the prosecuting attorney intends to call the

10 support person as a witness during the State's

11 case-in-chief, the prosecuting attorney shall inform

12 the court of this intent in the response to the

13 defendant's written motion. The victim may choose a

14 different person to be the victim's support person. The

15 court may allow the defendant to inquire about matters

16 outside the scope of the direct examination during

17 cross-examination. If the court allows the defendant

18 to do so, the support person shall be allowed to remain

19 in the courtroom after the support person has

20 testified. A defendant who fails to question the

21 support person about matters outside the scope of

22 direct examination during the State's case-in-chief

23 waives the right to challenge the presence of the

24 support person on appeal. The court shall allow the

25 support person to testify if called as a witness in the

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

SB4025

- 286 -

LRB101 20752 RLC 70439 b

1 If the court does not allow the defendant to

2 inquire about matters outside the scope of the direct

3 examination, the support person shall be allowed to

4 remain in the courtroom after the support person has

5 been called by the defendant or the defendant has

6 rested. The court shall allow the support person to

7 testify in the State's rebuttal.

8 If the prosecuting attorney does not intend to call

9 the support person in the State's case-in-chief, the

10 court shall verify with the support person whether the

11 support person, if called as a witness, would testify

12 as set forth in the offer of proof. If the court finds

13 that the support person would testify as set forth in

14 the offer of proof, the court shall rule on the

15 relevance, materiality, and admissibility of the

16 anticipated testimony. If the court rules the

17 anticipated testimony is admissible, the court shall

18 issue the subpoena. The support person may remain in

19 the courtroom after the support person testifies and

20 shall be allowed to testify in rebuttal.

21 If the court excludes the victim's support person

22 during the State's case-in-chief, the victim shall be

23 allowed to choose another support person to be present

24 in court.

25 If the victim fails to designate a support person

26 within 60 days of trial and the defendant has

SB4025

- 287 -

LRB101 20752 RLC 70439 b

1 subpoenaed the support person to testify at trial, the

2 court may exclude the support person from the trial

3 until the support person testifies. If the court

4 excludes the support person the victim may choose

5 another person as a support person.

6 (9) Right to notice and hearing before disclosure of

7 confidential or privileged information or records. A

8 defendant who seeks to subpoena records of or concerning

9 the victim that are confidential or privileged by law must

10 seek permission of the court before the subpoena is issued.

11 The defendant must file a written motion and an offer of

12 proof regarding the relevance, admissibility and

13 materiality of the records. If the court finds by a

14 preponderance of the evidence that: (A) the records are not

15 protected by an absolute privilege and (B) the records

16 contain relevant, admissible, and material evidence that

17 is not available through other witnesses or evidence, the

18 court shall issue a subpoena requiring a sealed copy of the

19 records be delivered to the court to be reviewed in camera.

20 If, after conducting an in camera review of the records,

21 the court determines that due process requires disclosure

22 of any portion of the records, the court shall provide

23 copies of what it intends to disclose to the prosecuting

24 attorney and the victim. The prosecuting attorney and the

25 victim shall have 30 days to seek appellate review before

26 the records are disclosed to the defendant. The disclosure

SB4025

- 288 -

LRB101 20752 RLC 70439 b

1 of copies of any portion of the records to the prosecuting

2 attorney does not make the records subject to discovery.

3 (10) Right to notice of court proceedings. If the

4 victim is not present at a court proceeding in which a

5 right of the victim is at issue, the court shall ask the

6 prosecuting attorney whether the victim was notified of the

7 time, place, and purpose of the court proceeding and that

8 the victim had a right to be heard at the court proceeding.

9 If the court determines that timely notice was not given or

10 that the victim was not adequately informed of the nature

11 of the court proceeding, the court shall not rule on any

12 substantive issues, accept a plea, or impose a sentence and

13 shall continue the hearing for the time necessary to notify

14 the victim of the time, place and nature of the court

15 proceeding. The time between court proceedings shall not be

16 attributable to the State under Section 103-5 of the Code

17 of Criminal Procedure of 1963.

18 (11) Right to timely disposition of the case. A victim

19 has the right to timely disposition of the case so as to

20 minimize the stress, cost, and inconvenience resulting

21 from the victim's involvement in the case. Before ruling on

22 a motion to continue trial or other court proceeding, the

23 court shall inquire into the circumstances for the request

24 for the delay and, if the victim has provided written

25 notice of the assertion of the right to a timely

26 disposition, and whether the victim objects to the delay.

SB4025

- 289 -

LRB101 20752 RLC 70439 b

1 If the victim objects, the prosecutor shall inform the

2 court of the victim's objections. If the prosecutor has not

3 conferred with the victim about the continuance, the

4 prosecutor shall inform the court of the attempts to

5 confer. If the court finds the attempts of the prosecutor

6 to confer with the victim were inadequate to protect the

7 victim's right to be heard, the court shall give the

8 prosecutor at least 3 but not more than 5 business days to

9 confer with the victim. In ruling on a motion to continue,

10 the court shall consider the reasons for the requested

11 continuance, the number and length of continuances that

12 have been granted, the victim's objections and procedures

13 to avoid further delays. If a continuance is granted over

14 the victim's objection, the court shall specify on the

15 record the reasons for the continuance and the procedures

16 that have been or will be taken to avoid further delays.

17 (12) Right to Restitution.

18 (A) If the victim has asserted the right to

19 restitution and the amount of restitution is known at

20 the time of sentencing, the court shall enter the

21 judgment of restitution at the time of sentencing.

22 (B) If the victim has asserted the right to

23 restitution and the amount of restitution is not known

24 at the time of sentencing, the prosecutor shall, within

25 5 days after sentencing, notify the victim what

26 information and documentation related to restitution

SB4025

- 290 -

LRB101 20752 RLC 70439 b

1 is needed and that the information and documentation

2 must be provided to the prosecutor within 45 days after

3 sentencing. Failure to timely provide information and

4 documentation related to restitution shall be deemed a

5 waiver of the right to restitution. The prosecutor

6 shall file and serve within 60 days after sentencing a

7 proposed judgment for restitution and a notice that

8 includes information concerning the identity of any

9 victims or other persons seeking restitution, whether

10 any victim or other person expressly declines

11 restitution, the nature and amount of any damages

12 together with any supporting documentation, a

13 restitution amount recommendation, and the names of

14 any co-defendants and their case numbers. Within 30

15 days after receipt of the proposed judgment for

16 restitution, the defendant shall file any objection to

17 the proposed judgment, a statement of grounds for the

18 objection, and a financial statement. If the defendant

19 does not file an objection, the court may enter the

20 judgment for restitution without further proceedings.

21 If the defendant files an objection and either party

22 requests a hearing, the court shall schedule a hearing.

23 (13) Access to presentence reports.

24 (A) The victim may request a copy of the

25 presentence report prepared under the Unified Code of

26 Corrections from the State's Attorney. The State's

SB4025

- 291 -

LRB101 20752 RLC 70439 b

1 Attorney shall redact the following information before

2 providing a copy of the report:

3 (i) the defendant's mental history and

4 condition;

5 (ii) any evaluation prepared under subsection

6 (b) or (b-5) of Section 5-3-2; and

7 (iii) the name, address, phone number, and

8 other personal information about any other victim.

9 (B) The State's Attorney or the defendant may

10 request the court redact other information in the

11 report that may endanger the safety of any person.

12 (C) The State's Attorney may orally disclose to the

13 victim any of the information that has been redacted if

14 there is a reasonable likelihood that the information

15 will be stated in court at the sentencing.

16 (D) The State's Attorney must advise the victim

17 that the victim must maintain the confidentiality of

18 the report and other information. Any dissemination of

19 the report or information that was not stated at a

20 court proceeding constitutes indirect criminal

21 contempt of court.

22 (14) Appellate relief. If the trial court denies the

23 relief requested, the victim, the victim's attorney, or the

24 prosecuting attorney may file an appeal within 30 days of

25 the trial court's ruling. The trial or appellate court may

26 stay the court proceedings if the court finds that a stay

SB4025

- 292 -

LRB101 20752 RLC 70439 b

1 would not violate a constitutional right of the defendant.

2 If the appellate court denies the relief sought, the

3 reasons for the denial shall be clearly stated in a written

4 opinion. In any appeal in a criminal case, the State may

5 assert as error the court's denial of any crime victim's

6 right in the proceeding to which the appeal relates.

7 (15) Limitation on appellate relief. In no case shall

8 an appellate court provide a new trial to remedy the

9 violation of a victim's right.

10 (16) The right to be reasonably protected from the

11 accused throughout the criminal justice process and the

12 right to have the safety of the victim and the victim's

13 family considered in ~~denying or fixing the amount of bail,~~

14 determining whether to release the defendant, and setting

15 conditions of release after arrest and conviction. A victim

16 of domestic violence, a sexual offense, or stalking may

17 request the entry of a protective order under Article 112A

18 of the Code of Criminal Procedure of 1963.

19 (d) Procedures after the imposition of sentence.

20 (1) The Prisoner Review Board shall inform a victim or

21 any other concerned citizen, upon written request, of the

22 prisoner's release on parole, mandatory supervised

23 release, electronic detention, work release, international

24 transfer or exchange, or by the custodian, other than the

25 Department of Juvenile Justice, of the discharge of any

26 individual who was adjudicated a delinquent for a crime

SB4025

- 293 -

LRB101 20752 RLC 70439 b

1 from State custody and by the sheriff of the appropriate

2 county of any such person's final discharge from county

3 custody. The Prisoner Review Board, upon written request,

4 shall provide to a victim or any other concerned citizen a

5 recent photograph of any person convicted of a felony, upon

6 his or her release from custody. The Prisoner Review Board,

7 upon written request, shall inform a victim or any other

8 concerned citizen when feasible at least 7 days prior to

9 the prisoner's release on furlough of the times and dates

10 of such furlough. Upon written request by the victim or any

11 other concerned citizen, the State's Attorney shall notify

12 the person once of the times and dates of release of a

13 prisoner sentenced to periodic imprisonment. Notification

14 shall be based on the most recent information as to

15 victim's or other concerned citizen's residence or other

16 location available to the notifying authority.

17 (2) When the defendant has been committed to the

18 Department of Human Services pursuant to Section 5-2-4 or

19 any other provision of the Unified Code of Corrections, the

20 victim may request to be notified by the releasing

21 authority of the approval by the court of an on-grounds

22 pass, a supervised off-grounds pass, an unsupervised

23 off-grounds pass, or conditional release; the release on an

24 off-grounds pass; the return from an off-grounds pass;

25 transfer to another facility; conditional release; escape;

26 death; or final discharge from State custody. The

SB4025

- 294 -

LRB101 20752 RLC 70439 b

1 Department of Human Services shall establish and maintain a

2 statewide telephone number to be used by victims to make

3 notification requests under these provisions and shall

4 publicize this telephone number on its website and to the

5 State's Attorney of each county.

6 (3) In the event of an escape from State custody, the

7 Department of Corrections or the Department of Juvenile

8 Justice immediately shall notify the Prisoner Review Board

9 of the escape and the Prisoner Review Board shall notify

10 the victim. The notification shall be based upon the most

11 recent information as to the victim's residence or other

12 location available to the Board. When no such information

13 is available, the Board shall make all reasonable efforts

14 to obtain the information and make the notification. When

15 the escapee is apprehended, the Department of Corrections

16 or the Department of Juvenile Justice immediately shall

17 notify the Prisoner Review Board and the Board shall notify

18 the victim.

19 (4) The victim of the crime for which the prisoner has

20 been sentenced has the right to register with the Prisoner

21 Review Board's victim registry. Victims registered with

22 the Board shall receive reasonable written notice not less

23 than 30 days prior to the parole hearing or target

24 aftercare release date. The victim has the right to submit

25 a victim statement for consideration by the Prisoner Review

26 Board or the Department of Juvenile Justice in writing, on

SB4025

- 295 -

LRB101 20752 RLC 70439 b

1 film, videotape, or other electronic means, or in the form

2 of a recording prior to the parole hearing or target

3 aftercare release date, or in person at the parole hearing

4 or aftercare release protest hearing, or by calling the

5 toll-free number established in subsection (f) of this

6 Section.~~,~~The victim shall be notified within 7 days after

7 the prisoner has been granted parole or aftercare release

8 and shall be informed of the right to inspect the registry

9 of parole decisions, established under subsection (g) of

10 Section 3-3-5 of the Unified Code of Corrections. The

11 provisions of this paragraph (4) are subject to the Open

12 Parole Hearings Act. Victim statements provided to the

13 Board shall be confidential and privileged, including any

14 statements received prior to January 1, 2020 (the effective

15 date of Public Act 101-288) ~~this amendatory Act of the~~

16 ~~101st General Assembly~~, except if the statement was an oral

17 statement made by the victim at a hearing open to the

18 public.

19 (4-1) The crime victim has the right to submit a victim

20 statement for consideration by the Prisoner Review Board or

21 the Department of Juvenile Justice prior to or at a hearing

22 to determine the conditions of mandatory supervised

23 release of a person sentenced to a determinate sentence or

24 at a hearing on revocation of mandatory supervised release

25 of a person sentenced to a determinate sentence. A victim

26 statement may be submitted in writing, on film, videotape,

SB4025

- 296 -

LRB101 20752 RLC 70439 b

1 or other electronic means, or in the form of a recording,

2 or orally at a hearing, or by calling the toll-free number

3 established in subsection (f) of this Section. Victim

4 statements provided to the Board shall be confidential and

5 privileged, including any statements received prior to

6 January 1, 2020 (the effective date of Public Act 101-288)

7 ~~this amendatory Act of the 101st General Assembly~~, except

8 if the statement was an oral statement made by the victim

9 at a hearing open to the public.

10 (4-2) The crime victim has the right to submit a victim

11 statement to the Prisoner Review Board for consideration at

12 an executive clemency hearing as provided in Section 3-3-13

13 of the Unified Code of Corrections. A victim statement may

14 be submitted in writing, on film, videotape, or other

15 electronic means, or in the form of a recording prior to a

16 hearing, or orally at a hearing, or by calling the

17 toll-free number established in subsection (f) of this

18 Section. Victim statements provided to the Board shall be

19 confidential and privileged, including any statements

20 received prior to January 1, 2020 (the effective date of

21 Public Act 101-288) ~~this amendatory Act of the 101st~~

22 ~~General Assembly~~, except if the statement was an oral

23 statement made by the victim at a hearing open to the

24 public.

25 (5) If a statement is presented under Section 6, the

26 Prisoner Review Board or Department of Juvenile Justice

SB4025

- 297 -

LRB101 20752 RLC 70439 b

1 shall inform the victim of any order of discharge pursuant

2 to Section 3-2.5-85 or 3-3-8 of the Unified Code of

3 Corrections.

4 (6) At the written or oral request of the victim of the

5 crime for which the prisoner was sentenced or the State's

6 Attorney of the county where the person seeking parole or

7 aftercare release was prosecuted, the Prisoner Review

8 Board or Department of Juvenile Justice shall notify the

9 victim and the State's Attorney of the county where the

10 person seeking parole or aftercare release was prosecuted

11 of the death of the prisoner if the prisoner died while on

12 parole or aftercare release or mandatory supervised

13 release.

14 (7) When a defendant who has been committed to the

15 Department of Corrections, the Department of Juvenile

16 Justice, or the Department of Human Services is released or

17 discharged and subsequently committed to the Department of

18 Human Services as a sexually violent person and the victim

19 had requested to be notified by the releasing authority of

20 the defendant's discharge, conditional release, death, or

21 escape from State custody, the releasing authority shall

22 provide to the Department of Human Services such

23 information that would allow the Department of Human

24 Services to contact the victim.

25 (8) When a defendant has been convicted of a sex

26 offense as defined in Section 2 of the Sex Offender

SB4025

- 298 -

LRB101 20752 RLC 70439 b

1 Registration Act and has been sentenced to the Department

2 of Corrections or the Department of Juvenile Justice, the

3 Prisoner Review Board or the Department of Juvenile Justice

4 shall notify the victim of the sex offense of the

5 prisoner's eligibility for release on parole, aftercare

6 release, mandatory supervised release, electronic

7 detention, work release, international transfer or

8 exchange, or by the custodian of the discharge of any

9 individual who was adjudicated a delinquent for a sex

10 offense from State custody and by the sheriff of the

11 appropriate county of any such person's final discharge

12 from county custody. The notification shall be made to the

13 victim at least 30 days, whenever possible, before release

14 of the sex offender.

15 (e) The officials named in this Section may satisfy some or

16 all of their obligations to provide notices and other

17 information through participation in a statewide victim and

18 witness notification system established by the Attorney

19 General under Section 8.5 of this Act.

20 (f) The Prisoner Review Board shall establish a toll-free

21 number that may be accessed by the crime victim to present a

22 victim statement to the Board in accordance with paragraphs

23 (4), (4-1), and (4-2) of subsection (d).

24 (Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19;

25 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)

SB4025

- 299 -

LRB101 20752 RLC 70439 b

1 Section 100. The Pretrial Services Act is amended by

2 changing Sections 11, 20, 22, and 34 as follows:

3 (725 ILCS 185/11) (from Ch. 38, par. 311)

4 Sec. 11. No person shall be interviewed by a pretrial

5 services agency unless he or she has first been apprised of the

6 identity and purpose of the interviewer, the scope of the

7 interview, the right to secure legal advice, and the right to

8 refuse cooperation. Inquiry of the defendant shall carefully

9 exclude questions concerning the details of the current charge.

10 Statements made by the defendant during the interview, or

11 evidence derived therefrom, are admissible in evidence only

12 when the court is considering the imposition of pretrial or

13 posttrial conditions to ~~bail or~~ recognizance, or when

14 considering the modification of a prior release order.

15 (Source: P.A. 84-1449.)

16 (725 ILCS 185/20) (from Ch. 38, par. 320)

17 Sec. 20. In preparing and presenting its written reports

18 under Sections 17 and 19, pretrial services agencies shall in

19 appropriate cases include specific recommendations for~~the~~

20 setting the conditions ~~, increase, or decrease~~ofpretrial

21 release ~~bail~~; the release of the interviewee on his own

22 recognizance in sums certain; and the imposition of~~pretrial~~

23 conditions of pretrial release ~~to bail~~or recognizance designed

24 to minimize the risks of nonappearance, the commission of new

SB4025

- 300 -

LRB101 20752 RLC 70439 b

1 offenses while awaiting trial, and other potential

2 interference with the orderly administration of justice. In

3 establishing objective internal criteria of any such

4 recommendation policies, the agency may utilize so-called

5 "point scales" for evaluating the aforementioned risks, but no

6 interviewee shall be considered as ineligible for particular

7 agency recommendations by sole reference to such procedures.

8 (Source: P.A. 91-357, eff. 7-29-99.)

9 (725 ILCS 185/22) (from Ch. 38, par. 322)

10 Sec. 22. If so ordered by the court, the pretrial services

11 agency shall prepare and submit for the court's approval and

12 signature a uniform release order on the uniform form

13 established by the Supreme Court in all cases where an

14 interviewee may be released from custody under conditions

15 contained in an agency report. Such conditions shall become

16 part of the conditions ofpretrial release ~~the bail bond~~. A

17 copy of the uniform release order shall be provided to the

18 defendant and defendant's attorney of record, and the

19 prosecutor.

20 (Source: P.A. 84-1449.)

21 (725 ILCS 185/34)

22 Sec. 34. Probation and court services departments

23 considered pretrial services agencies. For the purposes of

24 administering the provisions of Public Act 95-773, known as the

SB4025

- 301 -

LRB101 20752 RLC 70439 b

1 Cindy Bischof Law, all probation and court services departments

2 are to be considered pretrial services agencies under this Act

3 and under the pretrial release ~~bail bond~~ provisions of the Code

4 of Criminal Procedure of 1963.

5 (Source: P.A. 96-341, eff. 8-11-09.)

6 Section 105. The Quasi-criminal and Misdemeanor Bail Act is

7 amended by changing the title of the Act and Sections 0.01, 1,

8 2, 3, and 5 as follows:

9 (725 ILCS 195/Act title)

10 An Act to authorize designated officers to let persons

11 charged with quasi-criminal offenses and misdemeanors to

12 pretrial release ~~bail~~ and to accept and receipt for fines on

13 pleas of guilty in minor offenses, in accordance with schedules

14 established by rule of court.

15 (725 ILCS 195/0.01) (from Ch. 16, par. 80)

16 Sec. 0.01. Short title. This Act may be cited as the

17 Quasi-criminal and Misdemeanor Pretrial Release ~~Bail~~ Act.

18 (Source: P.A. 86-1324.)

19 (725 ILCS 195/1) (from Ch. 16, par. 81)

20 Sec. 1. Whenever in any circuit there shall be in force a

21 rule or order of the Supreme Court establishing a uniformform

22 ~~schedule~~prescribing theconditions of pretrial release

SB4025

- 302 -

LRB101 20752 RLC 70439 b

1 ~~amounts of bail~~ for specified conservation cases, traffic

2 cases, quasi-criminal offenses and misdemeanors, any general

3 superintendent, chief, captain, lieutenant, or sergeant of

4 police, or other police officer, the sheriff, the circuit

5 clerk, and any deputy sheriff or deputy circuit clerk

6 designated by the Circuit Court for the purpose, are authorized

7 to let to pretrial release ~~bail~~ any person charged with a

8 quasi-criminal offense or misdemeanor~~and to accept and receipt~~

9 ~~for bonds or cash bail in accordance with regulations~~

10 ~~established by rule or order of the Supreme Court~~. ~~Unless~~

11 ~~otherwise provided by Supreme Court Rule, no such bail may be~~

12 ~~posted or accepted in any place other than a police station,~~

13 ~~sheriff's office or jail, or other county, municipal or other~~

14 ~~building housing governmental units, or a division~~

15 ~~headquarters building of the Illinois State Police. Bonds and~~

16 ~~cash so received shall be delivered to the office of the~~

17 ~~circuit clerk or that of his designated deputy as provided by~~

18 ~~regulation. Such cash and securities so received shall be~~

19 ~~delivered to the office of such clerk or deputy clerk within at~~

20 ~~least 48 hours of receipt or within the time set for the~~

21 ~~accused's appearance in court whichever is earliest.~~

22 ~~In all cases where a person is admitted to bail under a~~

23 ~~uniform schedule prescribing the amount of bail for specified~~

24 ~~conservation cases, traffic cases, quasi-criminal offenses and~~

25 ~~misdemeanors the provisions of Section 110-15 of the "Code of~~

26 ~~Criminal Procedure of 1963", approved August 14, 1963, as~~

SB4025

- 303 -

LRB101 20752 RLC 70439 b

1 ~~amended by the 75th General Assembly shall be applicable.~~

2 (Source: P.A. 80-897.)

3 (725 ILCS 195/2) (from Ch. 16, par. 82)

4 Sec. 2. The conditions of the pretrial release ~~bail bond or~~

5 ~~deposit of cash bail~~shall be that the accused will appear to

6 answer the charge in court at a time and place specified in the

7 pretrial release form ~~bond~~ and thereafter as ordered by the

8 court until discharged on final order of the court and to

9 submit himself to the orders and process of the court. The

10 accused shall be furnished with an official receipt on a form

11 prescribed by rule of court ~~for any cash or other security~~

12 ~~deposited,~~ and shall receive a copy of the pretrial release

13 form ~~bond~~specifying the time and place of his court

14 appearance.

15 Upon performance of the conditions of the pretrial release

16 ~~bond~~, the pretrial release form ~~bond~~shall be null and void and

17 the accused shall be released from the conditions of pretrial

18 release ~~any cash bail or other security shall be returned to~~

19 ~~the accused~~.

20 (Source: Laws 1963, p. 2652.)

21 (725 ILCS 195/3) (from Ch. 16, par. 83)

22 Sec. 3.

23 In lieu of complying with the conditions of pretrial

24 release ~~making bond or depositing cash bail as provided in this~~

SB4025

- 304 -

LRB101 20752 RLC 70439 b

1 ~~Act or the deposit of other security authorized by law~~, any

2 accused person has the right to be brought without unnecessary

3 delay before the nearest or most accessible judge of the

4 circuit to be dealt with according to law.

5 (Source: P.A. 77-1248.)

6 (725 ILCS 195/5) (from Ch. 16, par. 85)

7 Sec. 5.

8 Any person authorized to accept pretrial release ~~bail~~ or

9 pleas of guilty by this Act who violates any provision of this

10 Act is guilty of a Class B misdemeanor.

11 (Source: P.A. 77-2319.)

12 Section 110. The Unified Code of Corrections is amended by

13 changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8-4,

14 5-8A-4.1, 5-8A-7, and 8-2-1 as follows:

15 (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)

16 Sec. 5-3-2. Presentence report.

17 (a) In felony cases, the presentence report shall set

18 forth:

19 (1) the defendant's history of delinquency or

20 criminality, physical and mental history and condition,

21 family situation and background, economic status,

22 education, occupation and personal habits;

23 (2) information about special resources within the

SB4025

- 305 -

LRB101 20752 RLC 70439 b

1 community which might be available to assist the

2 defendant's rehabilitation, including treatment centers,

3 residential facilities, vocational training services,

4 correctional manpower programs, employment opportunities,

5 special educational programs, alcohol and drug abuse

6 programming, psychiatric and marriage counseling, and

7 other programs and facilities which could aid the

8 defendant's successful reintegration into society;

9 (3) the effect the offense committed has had upon the

10 victim or victims thereof, and any compensatory benefit

11 that various sentencing alternatives would confer on such

12 victim or victims;

13 (3.5) information provided by the victim's spouse,

14 guardian, parent, grandparent, and other immediate family

15 and household members about the effect the offense

16 committed has had on the victim and on the person providing

17 the information; if the victim's spouse, guardian, parent,

18 grandparent, or other immediate family or household member

19 has provided a written statement, the statement shall be

20 attached to the report;

21 (4) information concerning the defendant's status

22 since arrest, including his record if released on his own

23 recognizance, or the defendant's achievement record if

24 released on a conditional pre-trial supervision program;

25 (5) when appropriate, a plan, based upon the personal,

26 economic and social adjustment needs of the defendant,

SB4025

- 306 -

LRB101 20752 RLC 70439 b

1 utilizing public and private community resources as an

2 alternative to institutional sentencing;

3 (6) any other matters that the investigatory officer

4 deems relevant or the court directs to be included;

5 (7) information concerning the defendant's eligibility

6 for a sentence to a county impact incarceration program

7 under Section 5-8-1.2 of this Code; and

8 (8) information concerning the defendant's eligibility

9 for a sentence to an impact incarceration program

10 administered by the Department under Section 5-8-1.1.

11 (b) The investigation shall include a physical and mental

12 examination of the defendant when so ordered by the court. If

13 the court determines that such an examination should be made,

14 it shall issue an order that the defendant submit to

15 examination at such time and place as designated by the court

16 and that such examination be conducted by a physician,

17 psychologist or psychiatrist designated by the court. Such an

18 examination may be conducted in a court clinic if so ordered by

19 the court. The cost of such examination shall be paid by the

20 county in which the trial is held.

21 (b-5) In cases involving felony sex offenses in which the

22 offender is being considered for probation only or any felony

23 offense that is sexually motivated as defined in the Sex

24 Offender Management Board Act in which the offender is being

25 considered for probation only, the investigation shall include

26 a sex offender evaluation by an evaluator approved by the Board

SB4025

- 307 -

LRB101 20752 RLC 70439 b

1 and conducted in conformance with the standards developed under

2 the Sex Offender Management Board Act. In cases in which the

3 offender is being considered for any mandatory prison sentence,

4 the investigation shall not include a sex offender evaluation.

5 (c) In misdemeanor, business offense or petty offense

6 cases, except as specified in subsection (d) of this Section,

7 when a presentence report has been ordered by the court, such

8 presentence report shall contain information on the

9 defendant's history of delinquency or criminality and shall

10 further contain only those matters listed in any of paragraphs

11 (1) through (6) of subsection (a) or in subsection (b) of this

12 Section as are specified by the court in its order for the

13 report.

14 (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or

15 12-30 of the Criminal Code of 1961 or the Criminal Code of

16 2012, the presentence report shall set forth information about

17 alcohol, drug abuse, psychiatric, and marriage counseling or

18 other treatment programs and facilities, information on the

19 defendant's history of delinquency or criminality, and shall

20 contain those additional matters listed in any of paragraphs

21 (1) through (6) of subsection (a) or in subsection (b) of this

22 Section as are specified by the court.

23 (e) Nothing in this Section shall cause the defendant to be

24 held without pretrial release ~~bail~~ or to have his pretrial

25 release ~~bail~~revoked for the purpose of preparing the

26 presentence report or making an examination.

SB4025

- 308 -

LRB101 20752 RLC 70439 b

1 (Source: P.A. 101-105, eff. 1-1-20; revised 9-24-19.)

2 (730 ILCS 5/5-5-3.2)

3 Sec. 5-5-3.2. Factors in aggravation and extended-term

4 sentencing.

5 (a) The following factors shall be accorded weight in favor

6 of imposing a term of imprisonment or may be considered by the

7 court as reasons to impose a more severe sentence under Section

8 5-8-1 or Article 4.5 of Chapter V:

9 (1) the defendant's conduct caused or threatened

10 serious harm;

11 (2) the defendant received compensation for committing

12 the offense;

13 (3) the defendant has a history of prior delinquency or

14 criminal activity;

15 (4) the defendant, by the duties of his office or by

16 his position, was obliged to prevent the particular offense

17 committed or to bring the offenders committing it to

18 justice;

19 (5) the defendant held public office at the time of the

20 offense, and the offense related to the conduct of that

21 office;

22 (6) the defendant utilized his professional reputation

23 or position in the community to commit the offense, or to

24 afford him an easier means of committing it;

25 (7) the sentence is necessary to deter others from

SB4025

- 309 -

LRB101 20752 RLC 70439 b

1 committing the same crime;

2 (8) the defendant committed the offense against a

3 person 60 years of age or older or such person's property;

4 (9) the defendant committed the offense against a

5 person who has a physical disability or such person's

6 property;

7 (10) by reason of another individual's actual or

8 perceived race, color, creed, religion, ancestry, gender,

9 sexual orientation, physical or mental disability, or

10 national origin, the defendant committed the offense

11 against (i) the person or property of that individual; (ii)

12 the person or property of a person who has an association

13 with, is married to, or has a friendship with the other

14 individual; or (iii) the person or property of a relative

15 (by blood or marriage) of a person described in clause (i)

16 or (ii). For the purposes of this Section, "sexual

17 orientation" has the meaning ascribed to it in paragraph

18 (O-1) of Section 1-103 of the Illinois Human Rights Act;

19 (11) the offense took place in a place of worship or on

20 the grounds of a place of worship, immediately prior to,

21 during or immediately following worship services. For

22 purposes of this subparagraph, "place of worship" shall

23 mean any church, synagogue or other building, structure or

24 place used primarily for religious worship;

25 (12) the defendant was convicted of a felony committed

26 while he wason pretrial release ~~released on bail~~ or his

SB4025

- 310 -

LRB101 20752 RLC 70439 b

1 own recognizance pending trial for a prior felony and was

2 convicted of such prior felony, or the defendant was

3 convicted of a felony committed while he was serving a

4 period of probation, conditional discharge, or mandatory

5 supervised release under subsection (d) of Section 5-8-1

6 for a prior felony;

7 (13) the defendant committed or attempted to commit a

8 felony while he was wearing a bulletproof vest. For the

9 purposes of this paragraph (13), a bulletproof vest is any

10 device which is designed for the purpose of protecting the

11 wearer from bullets, shot or other lethal projectiles;

12 (14) the defendant held a position of trust or

13 supervision such as, but not limited to, family member as

14 defined in Section 11-0.1 of the Criminal Code of 2012,

15 teacher, scout leader, baby sitter, or day care worker, in

16 relation to a victim under 18 years of age, and the

17 defendant committed an offense in violation of Section

18 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

19 11-14.4 except for an offense that involves keeping a place

20 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

21 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

22 or 12-16 of the Criminal Code of 1961 or the Criminal Code

23 of 2012 against that victim;

24 (15) the defendant committed an offense related to the

25 activities of an organized gang. For the purposes of this

26 factor, "organized gang" has the meaning ascribed to it in

SB4025

- 311 -

LRB101 20752 RLC 70439 b

1 Section 10 of the Streetgang Terrorism Omnibus Prevention

2 Act;

3 (16) the defendant committed an offense in violation of

4 one of the following Sections while in a school, regardless

5 of the time of day or time of year; on any conveyance

6 owned, leased, or contracted by a school to transport

7 students to or from school or a school related activity; on

8 the real property of a school; or on a public way within

9 1,000 feet of the real property comprising any school:

10 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

11 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

12 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

13 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

14 18-2, or 33A-2, or Section 12-3.05 except for subdivision

15 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

16 Criminal Code of 2012;

17 (16.5) the defendant committed an offense in violation

18 of one of the following Sections while in a day care

19 center, regardless of the time of day or time of year; on

20 the real property of a day care center, regardless of the

21 time of day or time of year; or on a public way within

22 1,000 feet of the real property comprising any day care

23 center, regardless of the time of day or time of year:

24 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

25 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

26 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

SB4025

- 312 -

LRB101 20752 RLC 70439 b

1 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

2 18-2, or 33A-2, or Section 12-3.05 except for subdivision

3 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

4 Criminal Code of 2012;

5 (17) the defendant committed the offense by reason of

6 any person's activity as a community policing volunteer or

7 to prevent any person from engaging in activity as a

8 community policing volunteer. For the purpose of this

9 Section, "community policing volunteer" has the meaning

10 ascribed to it in Section 2-3.5 of the Criminal Code of

11 2012;

12 (18) the defendant committed the offense in a nursing

13 home or on the real property comprising a nursing home. For

14 the purposes of this paragraph (18), "nursing home" means a

15 skilled nursing or intermediate long term care facility

16 that is subject to license by the Illinois Department of

17 Public Health under the Nursing Home Care Act, the

18 Specialized Mental Health Rehabilitation Act of 2013, the

19 ID/DD Community Care Act, or the MC/DD Act;

20 (19) the defendant was a federally licensed firearm

21 dealer and was previously convicted of a violation of

22 subsection (a) of Section 3 of the Firearm Owners

23 Identification Card Act and has now committed either a

24 felony violation of the Firearm Owners Identification Card

25 Act or an act of armed violence while armed with a firearm;

26 (20) the defendant (i) committed the offense of

SB4025

- 313 -

LRB101 20752 RLC 70439 b

1 reckless homicide under Section 9-3 of the Criminal Code of

2 1961 or the Criminal Code of 2012 or the offense of driving

3 under the influence of alcohol, other drug or drugs,

4 intoxicating compound or compounds or any combination

5 thereof under Section 11-501 of the Illinois Vehicle Code

6 or a similar provision of a local ordinance and (ii) was

7 operating a motor vehicle in excess of 20 miles per hour

8 over the posted speed limit as provided in Article VI of

9 Chapter 11 of the Illinois Vehicle Code;

10 (21) the defendant (i) committed the offense of

11 reckless driving or aggravated reckless driving under

12 Section 11-503 of the Illinois Vehicle Code and (ii) was

13 operating a motor vehicle in excess of 20 miles per hour

14 over the posted speed limit as provided in Article VI of

15 Chapter 11 of the Illinois Vehicle Code;

16 (22) the defendant committed the offense against a

17 person that the defendant knew, or reasonably should have

18 known, was a member of the Armed Forces of the United

19 States serving on active duty. For purposes of this clause

20 (22), the term "Armed Forces" means any of the Armed Forces

21 of the United States, including a member of any reserve

22 component thereof or National Guard unit called to active

23 duty;

24 (23) the defendant committed the offense against a

25 person who was elderly or infirm or who was a person with a

26 disability by taking advantage of a family or fiduciary

SB4025

- 314 -

LRB101 20752 RLC 70439 b

1 relationship with the elderly or infirm person or person

2 with a disability;

3 (24) the defendant committed any offense under Section

4 11-20.1 of the Criminal Code of 1961 or the Criminal Code

5 of 2012 and possessed 100 or more images;

6 (25) the defendant committed the offense while the

7 defendant or the victim was in a train, bus, or other

8 vehicle used for public transportation;

9 (26) the defendant committed the offense of child

10 pornography or aggravated child pornography, specifically

11 including paragraph (1), (2), (3), (4), (5), or (7) of

12 subsection (a) of Section 11-20.1 of the Criminal Code of

13 1961 or the Criminal Code of 2012 where a child engaged in,

14 solicited for, depicted in, or posed in any act of sexual

15 penetration or bound, fettered, or subject to sadistic,

16 masochistic, or sadomasochistic abuse in a sexual context

17 and specifically including paragraph (1), (2), (3), (4),

18 (5), or (7) of subsection (a) of Section 11-20.1B or

19 Section 11-20.3 of the Criminal Code of 1961 where a child

20 engaged in, solicited for, depicted in, or posed in any act

21 of sexual penetration or bound, fettered, or subject to

22 sadistic, masochistic, or sadomasochistic abuse in a

23 sexual context;

24 (27) the defendant committed the offense of first

25 degree murder, assault, aggravated assault, battery,

26 aggravated battery, robbery, armed robbery, or aggravated

SB4025

- 315 -

LRB101 20752 RLC 70439 b

1 robbery against a person who was a veteran and the

2 defendant knew, or reasonably should have known, that the

3 person was a veteran performing duties as a representative

4 of a veterans' organization. For the purposes of this

5 paragraph (27), "veteran" means an Illinois resident who

6 has served as a member of the United States Armed Forces, a

7 member of the Illinois National Guard, or a member of the

8 United States Reserve Forces; and "veterans' organization"

9 means an organization comprised of members of which

10 substantially all are individuals who are veterans or

11 spouses, widows, or widowers of veterans, the primary

12 purpose of which is to promote the welfare of its members

13 and to provide assistance to the general public in such a

14 way as to confer a public benefit;

15 (28) the defendant committed the offense of assault,

16 aggravated assault, battery, aggravated battery, robbery,

17 armed robbery, or aggravated robbery against a person that

18 the defendant knew or reasonably should have known was a

19 letter carrier or postal worker while that person was

20 performing his or her duties delivering mail for the United

21 States Postal Service;

22 (29) the defendant committed the offense of criminal

23 sexual assault, aggravated criminal sexual assault,

24 criminal sexual abuse, or aggravated criminal sexual abuse

25 against a victim with an intellectual disability, and the

26 defendant holds a position of trust, authority, or

SB4025

- 316 -

LRB101 20752 RLC 70439 b

1 supervision in relation to the victim;

2 (30) the defendant committed the offense of promoting

3 juvenile prostitution, patronizing a prostitute, or

4 patronizing a minor engaged in prostitution and at the time

5 of the commission of the offense knew that the prostitute

6 or minor engaged in prostitution was in the custody or

7 guardianship of the Department of Children and Family

8 Services;

9 (31) the defendant (i) committed the offense of driving

10 while under the influence of alcohol, other drug or drugs,

11 intoxicating compound or compounds or any combination

12 thereof in violation of Section 11-501 of the Illinois

13 Vehicle Code or a similar provision of a local ordinance

14 and (ii) the defendant during the commission of the offense

15 was driving his or her vehicle upon a roadway designated

16 for one-way traffic in the opposite direction of the

17 direction indicated by official traffic control devices;

18 ~~or~~

19 (32) the defendant committed the offense of reckless

20 homicide while committing a violation of Section 11-907 of

21 the Illinois Vehicle Code; ~~.~~

22 (33) ~~(32)~~ the defendant was found guilty of an

23 administrative infraction related to an act or acts of

24 public indecency or sexual misconduct in the penal

25 institution. In this paragraph (33) ~~(32)~~, "penal

26 institution" has the same meaning as in Section 2-14 of the

SB4025

- 317 -

LRB101 20752 RLC 70439 b

1 Criminal Code of 2012; or ~~.~~

2 (34) ~~(32)~~ the defendant committed the offense of

3 leaving the scene of an accident in violation of subsection

4 (b) of Section 11-401 of the Illinois Vehicle Code and the

5 accident resulted in the death of a person and at the time

6 of the offense, the defendant was: (i) driving under the

7 influence of alcohol, other drug or drugs, intoxicating

8 compound or compounds or any combination thereof as defined

9 by Section 11-501 of the Illinois Vehicle Code; or (ii)

10 operating the motor vehicle while using an electronic

11 communication device as defined in Section 12-610.2 of the

12 Illinois Vehicle Code.

13 For the purposes of this Section:

14 "School" is defined as a public or private elementary or

15 secondary school, community college, college, or university.

16 "Day care center" means a public or private State certified

17 and licensed day care center as defined in Section 2.09 of the

18 Child Care Act of 1969 that displays a sign in plain view

19 stating that the property is a day care center.

20 "Intellectual disability" means significantly subaverage

21 intellectual functioning which exists concurrently with

22 impairment in adaptive behavior.

23 "Public transportation" means the transportation or

24 conveyance of persons by means available to the general public,

25 and includes paratransit services.

26 "Traffic control devices" means all signs, signals,

SB4025

- 318 -

LRB101 20752 RLC 70439 b

1 markings, and devices that conform to the Illinois Manual on

2 Uniform Traffic Control Devices, placed or erected by authority

3 of a public body or official having jurisdiction, for the

4 purpose of regulating, warning, or guiding traffic.

5 (b) The following factors, related to all felonies, may be

6 considered by the court as reasons to impose an extended term

7 sentence under Section 5-8-2 upon any offender:

8 (1) When a defendant is convicted of any felony, after

9 having been previously convicted in Illinois or any other

10 jurisdiction of the same or similar class felony or greater

11 class felony, when such conviction has occurred within 10

12 years after the previous conviction, excluding time spent

13 in custody, and such charges are separately brought and

14 tried and arise out of different series of acts; or

15 (2) When a defendant is convicted of any felony and the

16 court finds that the offense was accompanied by

17 exceptionally brutal or heinous behavior indicative of

18 wanton cruelty; or

19 (3) When a defendant is convicted of any felony

20 committed against:

21 (i) a person under 12 years of age at the time of

22 the offense or such person's property;

23 (ii) a person 60 years of age or older at the time

24 of the offense or such person's property; or

25 (iii) a person who had a physical disability at the

26 time of the offense or such person's property; or

SB4025

- 319 -

LRB101 20752 RLC 70439 b

1 (4) When a defendant is convicted of any felony and the

2 offense involved any of the following types of specific

3 misconduct committed as part of a ceremony, rite,

4 initiation, observance, performance, practice or activity

5 of any actual or ostensible religious, fraternal, or social

6 group:

7 (i) the brutalizing or torturing of humans or

8 animals;

9 (ii) the theft of human corpses;

10 (iii) the kidnapping of humans;

11 (iv) the desecration of any cemetery, religious,

12 fraternal, business, governmental, educational, or

13 other building or property; or

14 (v) ritualized abuse of a child; or

15 (5) When a defendant is convicted of a felony other

16 than conspiracy and the court finds that the felony was

17 committed under an agreement with 2 or more other persons

18 to commit that offense and the defendant, with respect to

19 the other individuals, occupied a position of organizer,

20 supervisor, financier, or any other position of management

21 or leadership, and the court further finds that the felony

22 committed was related to or in furtherance of the criminal

23 activities of an organized gang or was motivated by the

24 defendant's leadership in an organized gang; or

25 (6) When a defendant is convicted of an offense

26 committed while using a firearm with a laser sight attached

SB4025

- 320 -

LRB101 20752 RLC 70439 b

1 to it. For purposes of this paragraph, "laser sight" has

2 the meaning ascribed to it in Section 26-7 of the Criminal

3 Code of 2012; or

4 (7) When a defendant who was at least 17 years of age

5 at the time of the commission of the offense is convicted

6 of a felony and has been previously adjudicated a

7 delinquent minor under the Juvenile Court Act of 1987 for

8 an act that if committed by an adult would be a Class X or

9 Class 1 felony when the conviction has occurred within 10

10 years after the previous adjudication, excluding time

11 spent in custody; or

12 (8) When a defendant commits any felony and the

13 defendant used, possessed, exercised control over, or

14 otherwise directed an animal to assault a law enforcement

15 officer engaged in the execution of his or her official

16 duties or in furtherance of the criminal activities of an

17 organized gang in which the defendant is engaged; or

18 (9) When a defendant commits any felony and the

19 defendant knowingly video or audio records the offense with

20 the intent to disseminate the recording.

21 (c) The following factors may be considered by the court as

22 reasons to impose an extended term sentence under Section 5-8-2

23 (730 ILCS 5/5-8-2) upon any offender for the listed offenses:

24 (1) When a defendant is convicted of first degree

25 murder, after having been previously convicted in Illinois

26 of any offense listed under paragraph (c)(2) of Section

SB4025

- 321 -

LRB101 20752 RLC 70439 b

1 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred

2 within 10 years after the previous conviction, excluding

3 time spent in custody, and the charges are separately

4 brought and tried and arise out of different series of

5 acts.

6 (1.5) When a defendant is convicted of first degree

7 murder, after having been previously convicted of domestic

8 battery (720 ILCS 5/12-3.2) or aggravated domestic battery

9 (720 ILCS 5/12-3.3) committed on the same victim or after

10 having been previously convicted of violation of an order

11 of protection (720 ILCS 5/12-30) in which the same victim

12 was the protected person.

13 (2) When a defendant is convicted of voluntary

14 manslaughter, second degree murder, involuntary

15 manslaughter, or reckless homicide in which the defendant

16 has been convicted of causing the death of more than one

17 individual.

18 (3) When a defendant is convicted of aggravated

19 criminal sexual assault or criminal sexual assault, when

20 there is a finding that aggravated criminal sexual assault

21 or criminal sexual assault was also committed on the same

22 victim by one or more other individuals, and the defendant

23 voluntarily participated in the crime with the knowledge of

24 the participation of the others in the crime, and the

25 commission of the crime was part of a single course of

26 conduct during which there was no substantial change in the

SB4025

- 322 -

LRB101 20752 RLC 70439 b

1 nature of the criminal objective.

2 (4) If the victim was under 18 years of age at the time

3 of the commission of the offense, when a defendant is

4 convicted of aggravated criminal sexual assault or

5 predatory criminal sexual assault of a child under

6 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

7 of Section 12-14.1 of the Criminal Code of 1961 or the

8 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

9 (5) When a defendant is convicted of a felony violation

10 of Section 24-1 of the Criminal Code of 1961 or the

11 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

12 finding that the defendant is a member of an organized

13 gang.

14 (6) When a defendant was convicted of unlawful use of

15 weapons under Section 24-1 of the Criminal Code of 1961 or

16 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

17 a weapon that is not readily distinguishable as one of the

18 weapons enumerated in Section 24-1 of the Criminal Code of

19 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

20 (7) When a defendant is convicted of an offense

21 involving the illegal manufacture of a controlled

22 substance under Section 401 of the Illinois Controlled

23 Substances Act (720 ILCS 570/401), the illegal manufacture

24 of methamphetamine under Section 25 of the Methamphetamine

25 Control and Community Protection Act (720 ILCS 646/25), or

26 the illegal possession of explosives and an emergency

SB4025

- 323 -

LRB101 20752 RLC 70439 b

1 response officer in the performance of his or her duties is

2 killed or injured at the scene of the offense while

3 responding to the emergency caused by the commission of the

4 offense. In this paragraph, "emergency" means a situation

5 in which a person's life, health, or safety is in jeopardy;

6 and "emergency response officer" means a peace officer,

7 community policing volunteer, fireman, emergency medical

8 technician-ambulance, emergency medical

9 technician-intermediate, emergency medical

10 technician-paramedic, ambulance driver, other medical

11 assistance or first aid personnel, or hospital emergency

12 room personnel.

13 (8) When the defendant is convicted of attempted mob

14 action, solicitation to commit mob action, or conspiracy to

15 commit mob action under Section 8-1, 8-2, or 8-4 of the

16 Criminal Code of 2012, where the criminal object is a

17 violation of Section 25-1 of the Criminal Code of 2012, and

18 an electronic communication is used in the commission of

19 the offense. For the purposes of this paragraph (8),

20 "electronic communication" shall have the meaning provided

21 in Section 26.5-0.1 of the Criminal Code of 2012.

22 (d) For the purposes of this Section, "organized gang" has

23 the meaning ascribed to it in Section 10 of the Illinois

24 Streetgang Terrorism Omnibus Prevention Act.

25 (e) The court may impose an extended term sentence under

26 Article 4.5 of Chapter V upon an offender who has been

SB4025

- 324 -

LRB101 20752 RLC 70439 b

1 convicted of a felony violation of Section 11-1.20, 11-1.30,

2 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

3 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

4 when the victim of the offense is under 18 years of age at the

5 time of the commission of the offense and, during the

6 commission of the offense, the victim was under the influence

7 of alcohol, regardless of whether or not the alcohol was

8 supplied by the offender; and the offender, at the time of the

9 commission of the offense, knew or should have known that the

10 victim had consumed alcohol.

11 (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;

12 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)

13 (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)

14 Sec. 5-6-4. Violation, Modification or Revocation of

15 Probation, of Conditional Discharge or Supervision or of a

16 sentence of county impact incarceration - Hearing.

17 (a) Except in cases where conditional discharge or

18 supervision was imposed for a petty offense as defined in

19 Section 5-1-17, when a petition is filed charging a violation

20 of a condition, the court may:

21 (1) in the case of probation violations, order the

22 issuance of a notice to the offender to be present by the

23 County Probation Department or such other agency

24 designated by the court to handle probation matters; and in

25 the case of conditional discharge or supervision

SB4025

- 325 -

LRB101 20752 RLC 70439 b

1 violations, such notice to the offender shall be issued by

2 the Circuit Court Clerk; and in the case of a violation of

3 a sentence of county impact incarceration, such notice

4 shall be issued by the Sheriff;

5 (2) order a summons to the offender to be present for

6 hearing; or

7 (3) order a warrant for the offender's arrest where

8 there is danger of his fleeing the jurisdiction or causing

9 serious harm to others or when the offender fails to answer

10 a summons or notice from the clerk of the court or Sheriff.

11 Personal service of the petition for violation of probation

12 or the issuance of such warrant, summons or notice shall toll

13 the period of probation, conditional discharge, supervision,

14 or sentence of county impact incarceration until the final

15 determination of the charge, and the term of probation,

16 conditional discharge, supervision, or sentence of county

17 impact incarceration shall not run until the hearing and

18 disposition of the petition for violation.

19 (b) The court shall conduct a hearing of the alleged

20 violation. The court shall admit the offender topretrial

21 release ~~bail~~pending the hearing unless the alleged violation

22 is itself a criminal offense in which case the offender shall

23 be admitted to pretrial release ~~bail~~ on such terms as are

24 provided in the Code of Criminal Procedure of 1963, as amended.

25 In any case where an offender remains incarcerated only as a

26 result of his alleged violation of the court's earlier order of

SB4025

- 326 -

LRB101 20752 RLC 70439 b

1 probation, supervision, conditional discharge, or county

2 impact incarceration such hearing shall be held within 14 days

3 of the onset of said incarceration, unless the alleged

4 violation is the commission of another offense by the offender

5 during the period of probation, supervision or conditional

6 discharge in which case such hearing shall be held within the

7 time limits described in Section 103-5 of the Code of Criminal

8 Procedure of 1963, as amended.

9 (c) The State has the burden of going forward with the

10 evidence and proving the violation by the preponderance of the

11 evidence. The evidence shall be presented in open court with

12 the right of confrontation, cross-examination, and

13 representation by counsel.

14 (d) Probation, conditional discharge, periodic

15 imprisonment and supervision shall not be revoked for failure

16 to comply with conditions of a sentence or supervision, which

17 imposes financial obligations upon the offender unless such

18 failure is due to his willful refusal to pay.

19 (e) If the court finds that the offender has violated a

20 condition at any time prior to the expiration or termination of

21 the period, it may continue him on the existing sentence, with

22 or without modifying or enlarging the conditions, or may impose

23 any other sentence that was available under Article 4.5 of

24 Chapter V of this Code or Section 11-501 of the Illinois

25 Vehicle Code at the time of initial sentencing. If the court

26 finds that the person has failed to successfully complete his

SB4025

- 327 -

LRB101 20752 RLC 70439 b

1 or her sentence to a county impact incarceration program, the

2 court may impose any other sentence that was available under

3 Article 4.5 of Chapter V of this Code or Section 11-501 of the

4 Illinois Vehicle Code at the time of initial sentencing, except

5 for a sentence of probation or conditional discharge. If the

6 court finds that the offender has violated paragraph (8.6) of

7 subsection (a) of Section 5-6-3, the court shall revoke the

8 probation of the offender. If the court finds that the offender

9 has violated subsection (o) of Section 5-6-3.1, the court shall

10 revoke the supervision of the offender.

11 (f) The conditions of probation, of conditional discharge,

12 of supervision, or of a sentence of county impact incarceration

13 may be modified by the court on motion of the supervising

14 agency or on its own motion or at the request of the offender

15 after notice and a hearing.

16 (g) A judgment revoking supervision, probation,

17 conditional discharge, or a sentence of county impact

18 incarceration is a final appealable order.

19 (h) Resentencing after revocation of probation,

20 conditional discharge, supervision, or a sentence of county

21 impact incarceration shall be under Article 4. The term on

22 probation, conditional discharge or supervision shall not be

23 credited by the court against a sentence of imprisonment or

24 periodic imprisonment unless the court orders otherwise. The

25 amount of credit to be applied against a sentence of

26 imprisonment or periodic imprisonment when the defendant

SB4025

- 328 -

LRB101 20752 RLC 70439 b

1 served a term or partial term of periodic imprisonment shall be

2 calculated upon the basis of the actual days spent in

3 confinement rather than the duration of the term.

4 (i) Instead of filing a violation of probation, conditional

5 discharge, supervision, or a sentence of county impact

6 incarceration, an agent or employee of the supervising agency

7 with the concurrence of his or her supervisor may serve on the

8 defendant a Notice of Intermediate Sanctions. The Notice shall

9 contain the technical violation or violations involved, the

10 date or dates of the violation or violations, and the

11 intermediate sanctions to be imposed. Upon receipt of the

12 Notice, the defendant shall immediately accept or reject the

13 intermediate sanctions. If the sanctions are accepted, they

14 shall be imposed immediately. If the intermediate sanctions are

15 rejected or the defendant does not respond to the Notice, a

16 violation of probation, conditional discharge, supervision, or

17 a sentence of county impact incarceration shall be immediately

18 filed with the court. The State's Attorney and the sentencing

19 court shall be notified of the Notice of Sanctions. Upon

20 successful completion of the intermediate sanctions, a court

21 may not revoke probation, conditional discharge, supervision,

22 or a sentence of county impact incarceration or impose

23 additional sanctions for the same violation. A notice of

24 intermediate sanctions may not be issued for any violation of

25 probation, conditional discharge, supervision, or a sentence

26 of county impact incarceration which could warrant an

SB4025

- 329 -

LRB101 20752 RLC 70439 b

1 additional, separate felony charge. The intermediate sanctions

2 shall include a term of home detention as provided in Article

3 8A of Chapter V of this Code for multiple or repeat violations

4 of the terms and conditions of a sentence of probation,

5 conditional discharge, or supervision.

6 (j) When an offender is re-sentenced after revocation of

7 probation that was imposed in combination with a sentence of

8 imprisonment for the same offense, the aggregate of the

9 sentences may not exceed the maximum term authorized under

10 Article 4.5 of Chapter V.

11 (k)(1) On and after the effective date of this amendatory

12 Act of the 101st General Assembly, this subsection (k) shall

13 apply to arrest warrants in Cook County only. An arrest warrant

14 issued under paragraph (3) of subsection (a) when the

15 underlying conviction is for the offense of theft, retail

16 theft, or possession of a controlled substance shall remain

17 active for a period not to exceed 10 years from the date the

18 warrant was issued unless a motion to extend the warrant is

19 filed by the office of the State's Attorney or by, or on behalf

20 of, the agency supervising the wanted person. A motion to

21 extend the warrant shall be filed within one year before the

22 warrant expiration date and notice shall be provided to the

23 office of the sheriff.

24 (2) If a motion to extend a warrant issued under paragraph

25 (3) of subsection (a) is not filed, the warrant shall be

26 quashed and recalled as a matter of law under paragraph (1) of

SB4025

- 330 -

LRB101 20752 RLC 70439 b

1 this subsection (k) and the wanted person's period of

2 probation, conditional discharge, or supervision shall

3 terminate unsatisfactorily as a matter of law.

4 (Source: P.A. 101-406, eff. 1-1-20.)

5 (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)

6 Sec. 5-6-4.1. Violation, Modification or Revocation of

7 Conditional Discharge or Supervision - Hearing.)

8 (a) In cases where a defendant was placed upon supervision

9 or conditional discharge for the commission of a petty offense,

10 upon the oral or written motion of the State, or on the court's

11 own motion, which charges that a violation of a condition of

12 that conditional discharge or supervision has occurred, the

13 court may:

14 (1) Conduct a hearing instanter if the offender is

15 present in court;

16 (2) Order the issuance by the court clerk of a notice

17 to the offender to be present for a hearing for violation;

18 (3) Order summons to the offender to be present; or

19 (4) Order a warrant for the offender's arrest.

20 The oral motion, if the defendant is present, or the

21 issuance of such warrant, summons or notice shall toll the

22 period of conditional discharge or supervision until the final

23 determination of the charge, and the term of conditional

24 discharge or supervision shall not run until the hearing and

25 disposition of the petition for violation.

SB4025

- 331 -

LRB101 20752 RLC 70439 b

1 (b) The Court shall admit the offender to pretrial release

2 ~~bail~~pending the hearing.

3 (c) The State has the burden of going forward with the

4 evidence and proving the violation by the preponderance of the

5 evidence. The evidence shall be presented in open court with

6 the right of confrontation, cross-examination, and

7 representation by counsel.

8 (d) Conditional discharge or supervision shall not be

9 revoked for failure to comply with the conditions of the

10 discharge or supervision which imposed financial obligations

11 upon the offender unless such failure is due to his wilful

12 refusal to pay.

13 (e) If the court finds that the offender has violated a

14 condition at any time prior to the expiration or termination of

15 the period, it may continue him on the existing sentence or

16 supervision with or without modifying or enlarging the

17 conditions, or may impose any other sentence that was available

18 under Article 4.5 of Chapter V of this Code or Section 11-501

19 of the Illinois Vehicle Code at the time of initial sentencing.

20 (f) The conditions of conditional discharge and of

21 supervision may be modified by the court on motion of the

22 probation officer or on its own motion or at the request of the

23 offender after notice to the defendant and a hearing.

24 (g) A judgment revoking supervision is a final appealable

25 order.

26 (h) Resentencing after revocation of conditional discharge

SB4025

- 332 -

LRB101 20752 RLC 70439 b

1 or of supervision shall be under Article 4. Time served on

2 conditional discharge or supervision shall be credited by the

3 court against a sentence of imprisonment or periodic

4 imprisonment unless the court orders otherwise.

5 (Source: P.A. 95-1052, eff. 7-1-09.)

6 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)

7 Sec. 5-8-4. Concurrent and consecutive terms of

8 imprisonment.

9 (a) (Blank). ~~Concurrent terms; multiple or additional~~

10 ~~sentences. When an Illinois court (i) imposes multiple~~

11 ~~sentences of imprisonment on a defendant at the same time or~~

12 ~~(ii) imposes a sentence of imprisonment on a defendant who is~~

13 ~~already subject to a sentence of imprisonment imposed by an~~

14 ~~Illinois court, a court of another state, or a federal court,~~

15 ~~then the sentences shall run concurrently unless otherwise~~

16 ~~determined by the Illinois court under this Section.~~

17 (b) (Blank). ~~Concurrent terms; misdemeanor and felony. A~~

18 ~~defendant serving a sentence for a misdemeanor who is convicted~~

19 ~~of a felony and sentenced to imprisonment shall be transferred~~

20 ~~to the Department of Corrections, and the misdemeanor sentence~~

21 ~~shall be merged in and run concurrently with the felony~~

22 ~~sentence.~~

23 (c) Consecutive terms; permissive. The court may impose

24 consecutive sentences in any of the following circumstances:

25 (1) If, having regard to the nature and circumstances

SB4025

- 333 -

LRB101 20752 RLC 70439 b

1 of the offense and the history and character of the

2 defendant, it is the opinion of the court that consecutive

3 sentences are required to protect the public from further

4 criminal conduct by the defendant, the basis for which the

5 court shall set forth in the record.

6 (2) If one of the offenses for which a defendant was

7 convicted was a violation of Section 32-5.2 (aggravated

8 false personation of a peace officer) of the Criminal Code

9 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision

10 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of

11 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the

12 offense was committed in attempting or committing a

13 forcible felony.

14 (d) Consecutive terms; mandatory. The court shall impose

15 consecutive sentences in each of the following circumstances:

16 (1) One of the offenses for which the defendant was

17 convicted was first degree murder or a Class X or Class 1

18 felony and the defendant inflicted severe bodily injury.

19 (2) The defendant was convicted of a violation of

20 Section 11-1.20 or 12-13 (criminal sexual assault),

21 11-1.30 or 12-14 (aggravated criminal sexual assault), or

22 11-1.40 or 12-14.1 (predatory criminal sexual assault of a

23 child) of the Criminal Code of 1961 or the Criminal Code of

24 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,

25 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or

26 5/12-14.1).

SB4025

- 334 -

LRB101 20752 RLC 70439 b

1 (2.5) The defendant was convicted of a violation of

2 paragraph (1), (2), (3), (4), (5), or (7) of subsection (a)

3 of Section 11-20.1 (child pornography) or of paragraph (1),

4 (2), (3), (4), (5), or (7) of subsection (a) of Section

5 11-20.1B or 11-20.3 (aggravated child pornography) of the

6 Criminal Code of 1961 or the Criminal Code of 2012; or the

7 defendant was convicted of a violation of paragraph (6) of

8 subsection (a) of Section 11-20.1 (child pornography) or of

9 paragraph (6) of subsection (a) of Section 11-20.1B or

10 11-20.3 (aggravated child pornography) of the Criminal

11 Code of 1961 or the Criminal Code of 2012, when the child

12 depicted is under the age of 13.

13 (3) The defendant was convicted of armed violence based

14 upon the predicate offense of any of the following:

15 solicitation of murder, solicitation of murder for hire,

16 heinous battery as described in Section 12-4.1 or

17 subdivision (a)(2) of Section 12-3.05, aggravated battery

18 of a senior citizen as described in Section 12-4.6 or

19 subdivision (a)(4) of Section 12-3.05, criminal sexual

20 assault, a violation of subsection (g) of Section 5 of the

21 Cannabis Control Act (720 ILCS 550/5), cannabis

22 trafficking, a violation of subsection (a) of Section 401

23 of the Illinois Controlled Substances Act (720 ILCS

24 570/401), controlled substance trafficking involving a

25 Class X felony amount of controlled substance under Section

26 401 of the Illinois Controlled Substances Act (720 ILCS

SB4025

- 335 -

LRB101 20752 RLC 70439 b

1 570/401), a violation of the Methamphetamine Control and

2 Community Protection Act (720 ILCS 646/), calculated

3 criminal drug conspiracy, or streetgang criminal drug

4 conspiracy.

5 (4) The defendant was convicted of the offense of

6 leaving the scene of a motor vehicle accident involving

7 death or personal injuries under Section 11-401 of the

8 Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)

9 aggravated driving under the influence of alcohol, other

10 drug or drugs, or intoxicating compound or compounds, or

11 any combination thereof under Section 11-501 of the

12 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless

13 homicide under Section 9-3 of the Criminal Code of 1961 or

14 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an

15 offense described in item (A) and an offense described in

16 item (B).

17 (5) The defendant was convicted of a violation of

18 Section 9-3.1 or Section 9-3.4 (concealment of homicidal

19 death) or Section 12-20.5 (dismembering a human body) of

20 the Criminal Code of 1961 or the Criminal Code of 2012 (720

21 ILCS 5/9-3.1 or 5/12-20.5).

22 (5.5) The defendant was convicted of a violation of

23 Section 24-3.7 (use of a stolen firearm in the commission

24 of an offense) of the Criminal Code of 1961 or the Criminal

25 Code of 2012.

26 (6) If the defendant was in the custody of the

SB4025

- 336 -

LRB101 20752 RLC 70439 b

1 Department of Corrections at the time of the commission of

2 the offense, the sentence shall be served consecutive to

3 the sentence under which the defendant is held by the

4 Department of Corrections. If, however, the defendant is

5 sentenced to punishment by death, the sentence shall be

6 executed at such time as the court may fix without regard

7 to the sentence under which the defendant may be held by

8 the Department.

9 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)

10 for escape or attempted escape shall be served consecutive

11 to the terms under which the offender is held by the

12 Department of Corrections.

13 (8) If a person charged with a felony commits a

14 separate felony while on pretrial release or in pretrial

15 detention in a county jail facility or county detention

16 facility, then the sentences imposed upon conviction of

17 these felonies may ~~shall~~ be served consecutively

18 regardless of the order in which the judgments of

19 conviction are entered.

20 (8.5) If a person commits a battery against a county

21 correctional officer or sheriff's employee while serving a

22 sentence or in pretrial detention in a county jail

23 facility, then the sentence imposed upon conviction of the

24 battery may ~~shall~~ be served consecutively with the sentence

25 imposed upon conviction of the earlier misdemeanor or

26 felony, regardless of the order in which the judgments of

SB4025

- 337 -

LRB101 20752 RLC 70439 b

1 conviction are entered.

2 (9) If a person admitted to pretrial release ~~bail~~

3 following conviction of a felony commits a separate felony

4 while free on pretrial release ~~bond~~ or if a person detained

5 in a county jail facility or county detention facility

6 following conviction of a felony commits a separate felony

7 while in detention, then any sentence following conviction

8 of the separate felony may ~~shall~~ be consecutive to that of

9 the original sentence for which the defendant was on

10 pretrial release ~~bond~~or detained.

11 (10) If a person is found to be in possession of an

12 item of contraband, as defined in Section 31A-0.1 of the

13 Criminal Code of 2012, while serving a sentence in a county

14 jail or while in pre-trial detention in a county jail, the

15 sentence imposed upon conviction for the offense of

16 possessing contraband in a penal institution may ~~shall~~ be

17 served consecutively to the sentence imposed for the

18 offense in which the person is serving sentence in the

19 county jail or serving pretrial detention, regardless of

20 the order in which the judgments of conviction are entered.

21 (11) If a person is sentenced for a violation of the

22 conditions of pretrial release ~~bail bond~~ under Section

23 32-10 of the Criminal Code of 1961 or the Criminal Code of

24 2012, any sentence imposed for that violation may ~~shall~~ be

25 served consecutive to the sentence imposed for the charge

26 for which pretrial release ~~bail~~had been granted and with

SB4025

- 338 -

LRB101 20752 RLC 70439 b

1 respect to which the defendant has been convicted.

2 (e) (Blank). ~~Consecutive terms; subsequent non-Illinois~~

3 ~~term. If an Illinois court has imposed a sentence of~~

4 ~~imprisonment on a defendant and the defendant is subsequently~~

5 ~~sentenced to a term of imprisonment by a court of another state~~

6 ~~or a federal court, then the Illinois sentence shall run~~

7 ~~consecutively to the sentence imposed by the court of the other~~

8 ~~state or the federal court. That same Illinois court, however,~~

9 ~~may order that the Illinois sentence run concurrently with the~~

10 ~~sentence imposed by the court of the other state or the federal~~

11 ~~court, but only if the defendant applies to that same Illinois~~

12 ~~court within 30 days after the sentence imposed by the court of~~

13 ~~the other state or the federal court is finalized.~~

14 (f) ~~Consecutive terms; aggregate maximums and minimums.~~

15 ~~The aggregate maximum and aggregate minimum of consecutive~~

16 ~~sentences shall be determined as follows:~~

17 ~~(1) For sentences imposed under law in effect prior to~~

18 ~~February 1, 1978, the aggregate maximum of consecutive~~

19 ~~sentences shall not exceed the maximum term authorized~~

20 ~~under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of~~

21 ~~Chapter V for the 2 most serious felonies involved. The~~

22 ~~aggregate minimum period of consecutive sentences shall~~

23 ~~not exceed the highest minimum term authorized under~~

24 ~~Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter~~

25 ~~V for the 2 most serious felonies involved. When sentenced~~

26 ~~only for misdemeanors, a defendant shall not be~~

SB4025

- 339 -

LRB101 20752 RLC 70439 b

1 ~~consecutively sentenced to more than the maximum for one~~

2 ~~Class A misdemeanor.~~

3 ~~(2) For sentences imposed under the law in effect on or~~

4 ~~after February 1, 1978, the aggregate of consecutive~~

5 ~~sentences for offenses that were committed as part of a~~

6 ~~single course of conduct during which there was no~~

7 ~~substantial change in the nature of the criminal objective~~

8 ~~shall not exceed the sum of the maximum terms authorized~~

9 ~~under Article 4.5 of Chapter V for the 2 most serious~~

10 ~~felonies involved, but no such limitation shall apply for~~

11 ~~offenses that were not committed as part of a single course~~

12 ~~of conduct during which there was no substantial change in~~

13 ~~the nature of the criminal objective. When sentenced only~~

14 ~~for misdemeanors, a defendant shall not be consecutively~~

15 ~~sentenced to more than the maximum for one Class A~~

16 ~~misdemeanor.~~

17 (g) ~~Consecutive terms; manner served. In determining the~~

18 ~~manner in which consecutive sentences of imprisonment, one or~~

19 ~~more of which is for a felony, will be served, the Department~~

20 ~~of Corrections shall treat the defendant as though he or she~~

21 ~~had been committed for a single term subject to each of the~~

22 ~~following:~~

23 ~~(1) The maximum period of a term of imprisonment shall~~

24 ~~consist of the aggregate of the maximums of the imposed~~

25 ~~indeterminate terms, if any, plus the aggregate of the~~

26 ~~imposed determinate sentences for felonies, plus the~~

SB4025

- 340 -

LRB101 20752 RLC 70439 b

1 ~~aggregate of the imposed determinate sentences for~~

2 ~~misdemeanors, subject to subsection (f) of this Section.~~

3 ~~(2) The parole or mandatory supervised release term~~

4 ~~shall be as provided in paragraph (e) of Section 5-4.5-50~~

5 ~~(730 ILCS 5/5-4.5-50) for the most serious of the offenses~~

6 ~~involved.~~

7 ~~(3) The minimum period of imprisonment shall be the~~

8 ~~aggregate of the minimum and determinate periods of~~

9 ~~imprisonment imposed by the court, subject to subsection~~

10 ~~(f) of this Section.~~

11 ~~(4) The defendant shall be awarded credit against the~~

12 ~~aggregate maximum term and the aggregate minimum term of~~

13 ~~imprisonment for all time served in an institution since~~

14 ~~the commission of the offense or offenses and as a~~

15 ~~consequence thereof at the rate specified in Section 3-6-3~~

16 ~~(730 ILCS 5/3-6-3).~~

17 (Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13;

18 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff.

19 1-1-14.)

20 (730 ILCS 5/5-8A-4.1)

21 Sec. 5-8A-4.1. Escape; failure to comply with a condition

22 of the electronic monitoring or home detention program.

23 (a) A person charged with or convicted of a felony, or

24 charged with or adjudicated delinquent for an act which, if

25 committed by an adult, would constitute a felony, conditionally

SB4025

- 341 -

LRB101 20752 RLC 70439 b

1 released from the supervising authority through an electronic

2 monitoring or home detention program, who knowingly violates a

3 condition of the electronic monitoring or home detention

4 program and remains in violation for at least 48 hours is

5 guilty of a Class A misdemeanor ~~3 felony~~.

6 (b) A person charged with or convicted of a misdemeanor, or

7 charged with or adjudicated delinquent for an act which, if

8 committed by an adult, would constitute a misdemeanor,

9 conditionally released from the supervising authority through

10 an electronic monitoring or home detention program, who

11 knowingly violates a condition of the electronic monitoring or

12 home detention program and remains in violation for at least 48

13 hours is guilty of a Class C ~~B~~ misdemeanor.

14 (c) A person who violates this Section while armed with a

15 dangerous weapon is guilty of a Class4 ~~1~~ felony for the first

16 offense and a Class 3 felony for a second or subsequent

17 offense.

18 (Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)

19 (730 ILCS 5/5-8A-7)

20 Sec. 5-8A-7. Domestic violence surveillance program. If

21 the Prisoner Review Board, Department of Corrections,

22 Department of Juvenile Justice, or court (the supervising

23 authority) orders electronic surveillance as a condition of

24 parole, aftercare release, mandatory supervised release, early

25 release, probation, or conditional discharge for a violation of

SB4025

- 342 -

LRB101 20752 RLC 70439 b

1 an order of protection or as a condition of pretrial release

2 ~~bail~~ for a person charged with a violation of an order of

3 protection, the supervising authority shall use the best

4 available global positioning technology to track domestic

5 violence offenders. Best available technology must have

6 real-time and interactive capabilities that facilitate the

7 following objectives: (1) immediate notification to the

8 supervising authority of a breach of a court ordered exclusion

9 zone; (2) notification of the breach to the offender; and (3)

10 communication between the supervising authority, law

11 enforcement, and the victim, regarding the breach. The

12 supervising authority may also require that the electronic

13 surveillance ordered under this Section monitor the

14 consumption of alcohol or drugs.

15 (Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;

16 100-201, eff. 8-18-17.)

17 (730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)

18 Sec. 8-2-1. Saving Clause.

19 The repeal of Acts or parts of Acts enumerated in Section

20 8-5-1 does not: (1) affect any offense committed, act done,

21 prosecution pending, penalty, punishment or forfeiture

22 incurred, or rights, powers or remedies accrued under any law

23 in effect immediately prior to the effective date of this Code;

24 (2) impair, avoid, or affect any grant or conveyance made or

25 right acquired or cause of action then existing under any such

SB4025

- 343 -

LRB101 20752 RLC 70439 b

1 repealed Act or amendment thereto; (3) affect or impair the

2 validity of any pretrial release ~~bail or other bond~~ or other

3 obligation issued or sold and constituting a valid obligation

4 of the issuing authority immediately prior to the effective

5 date of this Code; (4) the validity of any contract; or (5) the

6 validity of any tax levied under any law in effect prior to the

7 effective date of this Code. The repeal of any validating Act

8 or part thereof shall not avoid the effect of the validation.

9 No Act repealed by Section 8-5-1 shall repeal any Act or part

10 thereof which embraces the same or a similar subject matter as

11 the Act repealed.

12 (Source: P.A. 78-255.)

13 Section 120. The Probation and Probation Officers Act is

14 amended by changing Section 18 as follows:

15 (730 ILCS 110/18)

16 Sec. 18. Probation and court services departments

17 considered pretrial services agencies. For the purposes of

18 administering the provisions of Public Act 95-773, known as the

19 Cindy Bischof Law, all probation and court services departments

20 are to be considered pretrial services agencies under the

21 Pretrial Services Act and under the pretrial release ~~bail bond~~

22 provisions of the Code of Criminal Procedure of 1963.

23 (Source: P.A. 96-341, eff. 8-11-09.)

SB4025

- 344 -

LRB101 20752 RLC 70439 b

1 Section 125. The County Jail Act is amended by changing

2 Section 5 as follows:

3 (730 ILCS 125/5) (from Ch. 75, par. 105)

4 Sec. 5. Costs of maintaining prisoners.

5 (a) Except as provided in subsections (b) and (c), all

6 costs of maintaining persons committed for violations of

7 Illinois law, shall be the responsibility of the county. Except

8 as provided in subsection (b), all costs of maintaining persons

9 committed under any ordinance or resolution of a unit of local

10 government, including medical costs, is the responsibility of

11 the unit of local government enacting the ordinance or

12 resolution, and arresting the person.

13 (b) If a person who is serving a term of mandatory

14 supervised release for a felony is incarcerated in a county

15 jail, the Illinois Department of Corrections shall pay the

16 county in which that jail is located one-half of the cost of

17 incarceration, as calculated by the Governor's Office of

18 Management and Budget and the county's chief financial officer,

19 for each day that the person remains in the county jail after

20 notice of the incarceration is given to the Illinois Department

21 of Corrections by the county, provided that (i) the Illinois

22 Department of Corrections has issued a warrant for an alleged

23 violation of mandatory supervised release by the person; (ii)

24 if the person is incarcerated on a new charge, unrelated to the

25 offense for which he or she is on mandatory supervised release,

SB4025

- 345 -

LRB101 20752 RLC 70439 b

1 there has been a court hearing at which the conditions of

2 pretrial release have ~~bail has~~been set on the new charge;

3 (iii) the county has notified the Illinois Department of

4 Corrections that the person is incarcerated in the county jail,

5 which notice shall not be given until the ~~bail~~hearing has

6 concluded, if the person is incarcerated on a new charge; and

7 (iv) the person remains incarcerated in the county jail for

8 more than 48 hours after the notice has been given to the

9 Department of Corrections by the county. Calculation of the per

10 diem cost shall be agreed upon prior to the passage of the

11 annual State budget.

12 (c) If a person who is serving a term of mandatory

13 supervised release is incarcerated in a county jail, following

14 an arrest on a warrant issued by the Illinois Department of

15 Corrections, solely for violation of a condition of mandatory

16 supervised release and not on any new charges for a new

17 offense, then the Illinois Department of Corrections shall pay

18 the medical costs incurred by the county in securing treatment

19 for that person, for any injury or condition other than one

20 arising out of or in conjunction with the arrest of the person

21 or resulting from the conduct of county personnel, while he or

22 she remains in the county jail on the warrant issued by the

23 Illinois Department of Corrections.

24 (Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07.)

25 Section 130. The County Jail Good Behavior Allowance Act is

SB4025

- 346 -

LRB101 20752 RLC 70439 b

1 amended by changing Section 3 as follows:

2 (730 ILCS 130/3) (from Ch. 75, par. 32)

3 Sec. 3. The good behavior of any person who commences a

4 sentence of confinement in a county jail for a fixed term of

5 imprisonment after January 1, 1987 shall entitle such person to

6 a good behavior allowance, except that: (1) a person who

7 inflicted physical harm upon another person in committing the

8 offense for which he is confined shall receive no good behavior

9 allowance; and (2) a person sentenced for an offense for which

10 the law provides a mandatory minimum sentence shall not receive

11 any portion of a good behavior allowance that would reduce the

12 sentence below the mandatory minimum; and (3) a person

13 sentenced to a county impact incarceration program; and (4) a

14 person who is convicted of criminal sexual assault under

15 subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of

16 Section 12-13 of the Criminal Code of 1961 or the Criminal Code

17 of 2012, criminal sexual abuse, or aggravated criminal sexual

18 abuse shall receive no good behavior allowance. The good

19 behavior allowance provided for in this Section shall not apply

20 to individuals sentenced for a felony to probation or

21 conditional discharge where a condition of such probation or

22 conditional discharge is that the individual serve a sentence

23 of periodic imprisonment or to individuals sentenced under an

24 order of court for civil contempt.

25 Such good behavior allowance shall be cumulative and

SB4025

- 347 -

LRB101 20752 RLC 70439 b

1 awarded as provided in this Section.

2 The good behavior allowance rate shall be cumulative and

3 awarded on the following basis:

4 The prisoner shall receive one day of good behavior

5 allowance for each day of service of sentence in the county

6 jail, and one day of good behavior allowance for each day of

7 incarceration in the county jail before sentencing for the

8 offense that he or she is currently serving sentence but was

9 unable tocomply with the conditions of pretrial release ~~post~~

10 ~~bail~~ before sentencing, except that a prisoner serving a

11 sentence of periodic imprisonment under Section 5-7-1 of the

12 Unified Code of Corrections shall only be eligible to receive

13 good behavior allowance if authorized by the sentencing judge.

14 Each day of good behavior allowance shall reduce by one day the

15 prisoner's period of incarceration set by the court. For the

16 purpose of calculating a prisoner's good behavior allowance, a

17 fractional part of a day shall not be calculated as a day of

18 service of sentence in the county jail unless the fractional

19 part of the day is over 12 hours in which case a whole day shall

20 be credited on the good behavior allowance.

21 If consecutive sentences are served and the time served

22 amounts to a total of one year or more, the good behavior

23 allowance shall be calculated on a continuous basis throughout

24 the entire time served beginning on the first date of sentence

25 or incarceration, as the case may be.

26 (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

SB4025

- 348 -

LRB101 20752 RLC 70439 b

1 Section 135. The Code of Civil Procedure is amended by

2 changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and

3 21-103 as follows:

4 (735 ILCS 5/10-106) (from Ch. 110, par. 10-106)

5 Sec. 10-106. Grant of relief - Penalty. Unless it shall

6 appear from the complaint itself, or from the documents thereto

7 annexed, that the party can neither be discharged, admitted to

8 pretrial release ~~bail~~nor otherwise relieved, the court shall

9 forthwith award relief by habeas corpus. Any judge empowered to

10 grant relief by habeas corpus who shall corruptly refuse to

11 grant the relief when legally applied for in a case where it

12 may lawfully be granted, or who shall for the purpose of

13 oppression unreasonably delay the granting of such relief

14 shall, for every such offense, forfeit to the prisoner or party

15 affected a sum not exceeding $1,000.

16 (Source: P.A. 83-707.)

17 (735 ILCS 5/10-125) (from Ch. 110, par. 10-125)

18 Sec. 10-125. New commitment. In all cases where the

19 imprisonment is for a criminal, or supposed criminal matter, if

20 it appears to the court that there is sufficient legal cause

21 for the commitment of the prisoner, although such commitment

22 may have been informally made, or without due authority, or the

23 process may have been executed by a person not duly authorized,

SB4025

- 349 -

LRB101 20752 RLC 70439 b

1 the court shall make a new commitment in proper form, and

2 direct it to the proper officer, or admit the party to pretrial

3 release ~~bail~~if the case iseligible for pretrial release

4 ~~bailable~~. The court shall also, when necessary, take the

5 recognizance of all material witnesses against the prisoner, as

6 in other cases. The recognizances shall be in the form provided

7 by law, and returned as other recognizances. If any judge shall

8 neglect or refuse to bind any such prisoner or witness by

9 recognizance, or to return a recognizance when taken as

10 hereinabove stated, he or she shall be guilty of a Class A

11 misdemeanor in office, and be proceeded against accordingly.

12 (Source: P.A. 82-280.)

13 (735 ILCS 5/10-127) (from Ch. 110, par. 10-127)

14 Sec. 10-127. Grant of habeas corpus. It is not lawful for

15 any court, on a second order of habeas corpus obtained by such

16 prisoner, to discharge the prisoner, if he or she is clearly

17 and specifically charged in the warrant of commitment with a

18 criminal offense; but the court shall, on the return of such

19 second order, have power only to admit such prisoner to

20 pretrial release ~~bail~~ where the offense is eligible for

21 pretrial release ~~bailable~~by law, or remand him or her to

22 prison where the offense is not eligible for pretrial release

23 ~~bailable~~, or being eligible for pretrial release ~~bailable~~,

24 where such prisoner fails tocomply with the terms of pretrial

25 release ~~give the bail required~~.

SB4025

- 350 -

LRB101 20752 RLC 70439 b

1 (Source: P.A. 82-280.)

2 (735 ILCS 5/10-135) (from Ch. 110, par. 10-135)

3 Sec. 10-135. Habeas corpus to testify. The several courts

4 having authority to grant relief by habeas corpus, may enter

5 orders, when necessary, to bring before them any prisoner to

6 testify, or to be surrendered in discharge of pretrial release

7 ~~bail~~, or for trial upon any criminal charge lawfully pending in

8 the same court or to testify in a criminal proceeding in

9 another state as provided for by Section 2 of the "Uniform Act

10 to secure the attendance of witnesses from within or without a

11 state in criminal proceedings", approved July 23, 1959, as

12 heretofore or hereafter amended; and the order may be directed

13 to any county in the State, and there be served and returned by

14 any officer to whom it is directed.

15 (Source: P.A. 82-280.)

16 (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)

17 Sec. 10-136. Prisoner remanded or punished. After a

18 prisoner has given his or her testimony, or been surrendered,

19 or his or her pretrial release ~~bail~~ discharged, or he or she

20 has been tried for the crime with which he or she is charged,

21 he or she shall be returned to the jail or other place of

22 confinement from which he or she was taken for that purpose. If

23 such prisoner is convicted of a crime punishable with death or

24 imprisonment in the penitentiary, he or she may be punished

SB4025

- 351 -

LRB101 20752 RLC 70439 b

1 accordingly; but in any case where the prisoner has been taken

2 from the penitentiary, and his or her punishment is by

3 imprisonment, the time of such imprisonment shall not commence

4 to run until the expiration of the time of service under any

5 former sentence.

6 (Source: P.A. 82-280.)

7 (735 ILCS 5/21-103) (from Ch. 110, par. 21-103)

8 Sec. 21-103. Notice by publication.

9 (a) Previous notice shall be given of the intended

10 application by publishing a notice thereof in some newspaper

11 published in the municipality in which the person resides if

12 the municipality is in a county with a population under

13 2,000,000, or if the person does not reside in a municipality

14 in a county with a population under 2,000,000, or if no

15 newspaper is published in the municipality or if the person

16 resides in a county with a population of 2,000,000 or more,

17 then in some newspaper published in the county where the person

18 resides, or if no newspaper is published in that county, then

19 in some convenient newspaper published in this State. The

20 notice shall be inserted for 3 consecutive weeks after filing,

21 the first insertion to be at least 6 weeks before the return

22 day upon which the petition is to be heard, and shall be signed

23 by the petitioner or, in case of a minor, the minor's parent or

24 guardian, and shall set forth the return day of court on which

25 the petition is to be heard and the name sought to be assumed.

SB4025

- 352 -

LRB101 20752 RLC 70439 b

1 (b) The publication requirement of subsection (a) shall not

2 be required in any application for a change of name involving a

3 minor if, before making judgment under this Article, reasonable

4 notice and opportunity to be heard is given to any parent whose

5 parental rights have not been previously terminated and to any

6 person who has physical custody of the child. If any of these

7 persons are outside this State, notice and opportunity to be

8 heard shall be given under Section 21-104.

9 (b-3) The publication requirement of subsection (a) shall

10 not be required in any application for a change of name

11 involving a person who has received a judgment for dissolution

12 of marriage or declaration of invalidity of marriage and wishes

13 to change his or her name to resume the use of his or her former

14 or maiden name.

15 (b-5) Upon motion, the court may issue an order directing

16 that the notice and publication requirement be waived for a

17 change of name involving a person who files with the court a

18 written declaration that the person believes that publishing

19 notice of the name change would put the person at risk of

20 physical harm or discrimination. The person must provide

21 evidence to support the claim that publishing notice of the

22 name change would put the person at risk of physical harm or

23 discrimination.

24 (c) The Director of State Police or his or her designee may

25 apply to the circuit court for an order directing that the

26 notice and publication requirements of this Section be waived

SB4025

- 353 -

LRB101 20752 RLC 70439 b

1 if the Director or his or her designee certifies that the name

2 change being sought is intended to protect a witness during and

3 following a criminal investigation or proceeding.

4 (c-1) The court may enter a written order waiving the

5 publication requirement of subsection (a) if:

6 (i) the petitioner is 18 years of age or older; and

7 (ii) concurrent with the petition, the petitioner

8 files with the court a statement, verified under oath as

9 provided under Section 1-109 of this Code, attesting that

10 the petitioner is or has been a person protected under the

11 Illinois Domestic Violence Act of 1986, the Stalking No

12 Contact Order Act, the Civil No Contact Order Act, Article

13 112A of the Code of Criminal Procedure of 1963, a condition

14 of pretrial release ~~bail~~ under subsections (b) through (d)

15 of Section 110-10 of the Code of Criminal Procedure of

16 1963, or a similar provision of a law in another state or

17 jurisdiction.

18 The petitioner may attach to the statement any supporting

19 documents, including relevant court orders.

20 (c-2) If the petitioner files a statement attesting that

21 disclosure of the petitioner's address would put the petitioner

22 or any member of the petitioner's family or household at risk

23 or reveal the confidential address of a shelter for domestic

24 violence victims, that address may be omitted from all

25 documents filed with the court, and the petitioner may

26 designate an alternative address for service.

SB4025

- 354 -

LRB101 20752 RLC 70439 b

1 (c-3) Court administrators may allow domestic abuse

2 advocates, rape crisis advocates, and victim advocates to

3 assist petitioners in the preparation of name changes under

4 subsection (c-1).

5 (c-4) If the publication requirements of subsection (a)

6 have been waived, the circuit court shall enter an order

7 impounding the case.

8 (d) The maximum rate charged for publication of a notice

9 under this Section may not exceed the lowest classified rate

10 paid by commercial users for comparable space in the newspaper

11 in which the notice appears and shall include all cash

12 discounts, multiple insertion discounts, and similar benefits

13 extended to the newspaper's regular customers.

14 (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.

15 100-565 for the effective date of P.A. 100-520); 100-788, eff.

16 1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203,

17 eff. 1-1-20.)

18 Section 140. The Civil No Contact Order Act is amended by

19 changing Section 220 as follows:

20 (740 ILCS 22/220)

21 Sec. 220. Enforcement of a civil no contact order.

22 (a) Nothing in this Act shall preclude any Illinois court

23 from enforcing a valid protective order issued in another

24 state.

SB4025

- 355 -

LRB101 20752 RLC 70439 b

1 (b) Illinois courts may enforce civil no contact orders

2 through both criminal proceedings and civil contempt

3 proceedings, unless the action which is second in time is

4 barred by collateral estoppel or the constitutional

5 prohibition against double jeopardy.

6 (b-1) The court shall not hold a school district or private

7 or non-public school or any of its employees in civil or

8 criminal contempt unless the school district or private or

9 non-public school has been allowed to intervene.

10 (b-2) The court may hold the parents, guardian, or legal

11 custodian of a minor respondent in civil or criminal contempt

12 for a violation of any provision of any order entered under

13 this Act for conduct of the minor respondent in violation of

14 this Act if the parents, guardian, or legal custodian directed,

15 encouraged, or assisted the respondent minor in such conduct.

16 (c) Criminal prosecution. A violation of any civil no

17 contact order, whether issued in a civil or criminal

18 proceeding, shall be enforced by a criminal court when the

19 respondent commits the crime of violation of a civil no contact

20 order pursuant to Section 219 by having knowingly violated:

21 (1) remedies described in Section 213 and included in a

22 civil no contact order; or

23 (2) a provision of an order, which is substantially

24 similar to provisions of Section 213, in a valid civil no

25 contact order which is authorized under the laws of another

26 state, tribe, or United States territory.

SB4025

- 356 -

LRB101 20752 RLC 70439 b

1 Prosecution for a violation of a civil no contact order

2 shall not bar a concurrent prosecution for any other crime,

3 including any crime that may have been committed at the time of

4 the violation of the civil no contact order.

5 (d) Contempt of court. A violation of any valid Illinois

6 civil no contact order, whether issued in a civil or criminal

7 proceeding, may be enforced through civil or criminal contempt

8 procedures, as appropriate, by any court with jurisdiction,

9 regardless of where the act or acts which violated the civil no

10 contact order were committed, to the extent consistent with the

11 venue provisions of this Act.

12 (1) In a contempt proceeding where the petition for a

13 rule to show cause or petition for adjudication of criminal

14 contempt sets forth facts evidencing an immediate danger

15 that the respondent will flee the jurisdiction or inflict

16 physical abuse on the petitioner or minor children or on

17 dependent adults in the petitioner's care, the court may

18 order the attachment of the respondent without prior

19 service of the petition for a rule to show cause, the rule

20 to show cause, the petition for adjudication of criminal

21 contempt or the adjudication of criminal contempt.

22 Conditions of release ~~Bond~~ shall be set unless specifically

23 denied in writing.

24 (2) A petition for a rule to show cause or a petition

25 for adjudication of criminal contempt for violation of a

26 civil no contact order shall be treated as an expedited

SB4025

- 357 -

LRB101 20752 RLC 70439 b

1 proceeding.

2 (e) Actual knowledge. A civil no contact order may be

3 enforced pursuant to this Section if the respondent violates

4 the order after the respondent has actual knowledge of its

5 contents as shown through one of the following means:

6 (1) by service, delivery, or notice under Section 208;

7 (2) by notice under Section 218;

8 (3) by service of a civil no contact order under

9 Section 218; or

10 (4) by other means demonstrating actual knowledge of

11 the contents of the order.

12 (f) The enforcement of a civil no contact order in civil or

13 criminal court shall not be affected by either of the

14 following:

15 (1) the existence of a separate, correlative order,

16 entered under Section 202; or

17 (2) any finding or order entered in a conjoined

18 criminal proceeding.

19 (g) Circumstances. The court, when determining whether or

20 not a violation of a civil no contact order has occurred, shall

21 not require physical manifestations of abuse on the person of

22 the victim.

23 (h) Penalties.

24 (1) Except as provided in paragraph (3) of this

25 subsection, where the court finds the commission of a crime

26 or contempt of court under subsection (a) or (b) of this

SB4025

- 358 -

LRB101 20752 RLC 70439 b

1 Section, the penalty shall be the penalty that generally

2 applies in such criminal or contempt proceedings, and may

3 include one or more of the following: incarceration,

4 payment of restitution, a fine, payment of attorneys' fees

5 and costs, or community service.

6 (2) The court shall hear and take into account evidence

7 of any factors in aggravation or mitigation before deciding

8 an appropriate penalty under paragraph (1) of this

9 subsection.

10 (3) To the extent permitted by law, the court is

11 encouraged to:

12 (i) increase the penalty for the knowing violation

13 of any civil no contact order over any penalty

14 previously imposed by any court for respondent's

15 violation of any civil no contact order or penal

16 statute involving petitioner as victim and respondent

17 as defendant;

18 (ii) impose a minimum penalty of 24 hours

19 imprisonment for respondent's first violation of any

20 civil no contact order; and

21 (iii) impose a minimum penalty of 48 hours

22 imprisonment for respondent's second or subsequent

23 violation of a civil no contact order unless the court

24 explicitly finds that an increased penalty or that

25 period of imprisonment would be manifestly unjust.

26 (4) In addition to any other penalties imposed for a

SB4025

- 359 -

LRB101 20752 RLC 70439 b

1 violation of a civil no contact order, a criminal court may

2 consider evidence of any previous violations of a civil no

3 contact order:

4 (i) to ~~increase, revoke or~~ modify the conditions of

5 pretrial release ~~bail bond~~ on an underlying criminal

6 charge pursuant to Section 110-6 of the Code of

7 Criminal Procedure of 1963;

8 (ii) to revoke or modify an order of probation,

9 conditional discharge or supervision, pursuant to

10 Section 5-6-4 of the Unified Code of Corrections; or

11 (iii) to revoke or modify a sentence of periodic

12 imprisonment, pursuant to Section 5-7-2 of the Unified

13 Code of Corrections.

14 (Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12.)

15 Section 145. The Illinois Domestic Violence Act of 1986 is

16 amended by changing Sections 223 and 301 as follows:

17 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)

18 Sec. 223. Enforcement of orders of protection.

19 (a) When violation is crime. A violation of any order of

20 protection, whether issued in a civil or criminal proceeding,

21 shall be enforced by a criminal court when:

22 (1) The respondent commits the crime of violation of an

23 order of protection pursuant to Section 12-3.4 or 12-30 of

24 the Criminal Code of 1961 or the Criminal Code of 2012, by

SB4025

- 360 -

LRB101 20752 RLC 70439 b

1 having knowingly violated:

2 (i) remedies described in paragraphs (1), (2),

3 (3), (14), or (14.5) of subsection (b) of Section 214

4 of this Act; or

5 (ii) a remedy, which is substantially similar to

6 the remedies authorized under paragraphs (1), (2),

7 (3), (14), and (14.5) of subsection (b) of Section 214

8 of this Act, in a valid order of protection which is

9 authorized under the laws of another state, tribe, or

10 United States territory; or

11 (iii) any other remedy when the act constitutes a

12 crime against the protected parties as defined by the

13 Criminal Code of 1961 or the Criminal Code of 2012.

14 Prosecution for a violation of an order of protection

15 shall not bar concurrent prosecution for any other crime,

16 including any crime that may have been committed at the

17 time of the violation of the order of protection; or

18 (2) The respondent commits the crime of child abduction

19 pursuant to Section 10-5 of the Criminal Code of 1961 or

20 the Criminal Code of 2012, by having knowingly violated:

21 (i) remedies described in paragraphs (5), (6) or

22 (8) of subsection (b) of Section 214 of this Act; or

23 (ii) a remedy, which is substantially similar to

24 the remedies authorized under paragraphs (5), (6), or

25 (8) of subsection (b) of Section 214 of this Act, in a

26 valid order of protection which is authorized under the

SB4025

- 361 -

LRB101 20752 RLC 70439 b

1 laws of another state, tribe, or United States

2 territory.

3 (b) When violation is contempt of court. A violation of any

4 valid Illinois order of protection, whether issued in a civil

5 or criminal proceeding, may be enforced through civil or

6 criminal contempt procedures, as appropriate, by any court with

7 jurisdiction, regardless where the act or acts which violated

8 the order of protection were committed, to the extent

9 consistent with the venue provisions of this Act. Nothing in

10 this Act shall preclude any Illinois court from enforcing any

11 valid order of protection issued in another state. Illinois

12 courts may enforce orders of protection through both criminal

13 prosecution and contempt proceedings, unless the action which

14 is second in time is barred by collateral estoppel or the

15 constitutional prohibition against double jeopardy.

16 (1) In a contempt proceeding where the petition for a

17 rule to show cause sets forth facts evidencing an immediate

18 danger that the respondent will flee the jurisdiction,

19 conceal a child, or inflict physical abuse on the

20 petitioner or minor children or on dependent adults in

21 petitioner's care, the court may order the attachment of

22 the respondent without prior service of the rule to show

23 cause or the petition for a rule to show cause. Conditions

24 of release ~~Bond~~shall be set unless specifically denied in

25 writing.

26 (2) A petition for a rule to show cause for violation

SB4025

- 362 -

LRB101 20752 RLC 70439 b

1 of an order of protection shall be treated as an expedited

2 proceeding.

3 (b-1) The court shall not hold a school district or private

4 or non-public school or any of its employees in civil or

5 criminal contempt unless the school district or private or

6 non-public school has been allowed to intervene.

7 (b-2) The court may hold the parents, guardian, or legal

8 custodian of a minor respondent in civil or criminal contempt

9 for a violation of any provision of any order entered under

10 this Act for conduct of the minor respondent in violation of

11 this Act if the parents, guardian, or legal custodian directed,

12 encouraged, or assisted the respondent minor in such conduct.

13 (c) Violation of custody or support orders or temporary or

14 final judgments allocating parental responsibilities. A

15 violation of remedies described in paragraphs (5), (6), (8), or

16 (9) of subsection (b) of Section 214 of this Act may be

17 enforced by any remedy provided by Section 607.5 of the

18 Illinois Marriage and Dissolution of Marriage Act. The court

19 may enforce any order for support issued under paragraph (12)

20 of subsection (b) of Section 214 in the manner provided for

21 under Parts V and VII of the Illinois Marriage and Dissolution

22 of Marriage Act.

23 (d) Actual knowledge. An order of protection may be

24 enforced pursuant to this Section if the respondent violates

25 the order after the respondent has actual knowledge of its

26 contents as shown through one of the following means:

SB4025

- 363 -

LRB101 20752 RLC 70439 b

1 (1) By service, delivery, or notice under Section 210.

2 (2) By notice under Section 210.1 or 211.

3 (3) By service of an order of protection under Section

4 222.

5 (4) By other means demonstrating actual knowledge of

6 the contents of the order.

7 (e) The enforcement of an order of protection in civil or

8 criminal court shall not be affected by either of the

9 following:

10 (1) The existence of a separate, correlative order,

11 entered under Section 215.

12 (2) Any finding or order entered in a conjoined

13 criminal proceeding.

14 (f) Circumstances. The court, when determining whether or

15 not a violation of an order of protection has occurred, shall

16 not require physical manifestations of abuse on the person of

17 the victim.

18 (g) Penalties.

19 (1) Except as provided in paragraph (3) of this

20 subsection, where the court finds the commission of a crime

21 or contempt of court under subsections (a) or (b) of this

22 Section, the penalty shall be the penalty that generally

23 applies in such criminal or contempt proceedings, and may

24 include one or more of the following: incarceration,

25 payment of restitution, a fine, payment of attorneys' fees

26 and costs, or community service.

SB4025

- 364 -

LRB101 20752 RLC 70439 b

1 (2) The court shall hear and take into account evidence

2 of any factors in aggravation or mitigation before deciding

3 an appropriate penalty under paragraph (1) of this

4 subsection.

5 (3) To the extent permitted by law, the court is

6 encouraged to:

7 (i) increase the penalty for the knowing violation

8 of any order of protection over any penalty previously

9 imposed by any court for respondent's violation of any

10 order of protection or penal statute involving

11 petitioner as victim and respondent as defendant;

12 (ii) impose a minimum penalty of 24 hours

13 imprisonment for respondent's first violation of any

14 order of protection; and

15 (iii) impose a minimum penalty of 48 hours

16 imprisonment for respondent's second or subsequent

17 violation of an order of protection

18 unless the court explicitly finds that an increased penalty

19 or that period of imprisonment would be manifestly unjust.

20 (4) In addition to any other penalties imposed for a

21 violation of an order of protection, a criminal court may

22 consider evidence of any violations of an order of

23 protection:

24 (i) to increase, revoke or modify the conditions of

25 pretrial release ~~bail bond~~on an underlying criminal

26 charge pursuant to Section 110-6 of the Code of

SB4025

- 365 -

LRB101 20752 RLC 70439 b

1 Criminal Procedure of 1963;

2 (ii) to revoke or modify an order of probation,

3 conditional discharge or supervision, pursuant to

4 Section 5-6-4 of the Unified Code of Corrections;

5 (iii) to revoke or modify a sentence of periodic

6 imprisonment, pursuant to Section 5-7-2 of the Unified

7 Code of Corrections.

8 (5) In addition to any other penalties, the court shall

9 impose an additional fine of $20 as authorized by Section

10 5-9-1.11 of the Unified Code of Corrections upon any person

11 convicted of or placed on supervision for a violation of an

12 order of protection. The additional fine shall be imposed

13 for each violation of this Section.

14 (Source: P.A. 99-90, eff. 1-1-16.)

15 (750 ILCS 60/301) (from Ch. 40, par. 2313-1)

16 Sec. 301. Arrest without warrant.

17 (a) Any law enforcement officer may make an arrest without

18 warrant if the officer has probable cause to believe that the

19 person has committed or is committing any crime, including but

20 not limited to violation of an order of protection, under

21 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the

22 Criminal Code of 2012, even if the crime was not committed in

23 the presence of the officer.

24 (b) The law enforcement officer may verify the existence of

25 an order of protection by telephone or radio communication with

SB4025

- 366 -

LRB101 20752 RLC 70439 b

1 his or her law enforcement agency or by referring to the copy

2 of the order provided by the petitioner or respondent.

3 (c) Any law enforcement officer may make an arrest without

4 warrant if the officer has reasonable grounds to believe a

5 defendant at liberty under the provisions of subdivision (d)(1)

6 or (d)(2) of Section 110-10 of the Code of Criminal Procedure

7 of 1963 has violated a condition of his or herpretrial release

8 ~~bail bond~~ or recognizance.

9 (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

10 Section 150. The Industrial and Linen Supplies Marking Law

11 is amended by changing Section 11 as follows:

12 (765 ILCS 1045/11) (from Ch. 140, par. 111)

13 Sec. 11. Search warrant.

14 Whenever the registrant, or officer, or authorized agent of

15 any firm, partnership or corporation which is a registrant

16 under this Act, takes an oath before any circuit court, that he

17 has reason to believe that any supplies are being unlawfully

18 used, sold, or secreted in any place, the court shall issue a

19 search warrant to any police officer authorizing such officer

20 to search the premises wherein it is alleged such articles may

21 be found and take into custody any person in whose possession

22 the articles are found. Any person so seized shall be taken

23 without unnecessary delay before the court issuing the search

24 warrant. The court is empowered to impose conditions of

SB4025

- 367 -

LRB101 20752 RLC 70439 b

1 pretrial release ~~bail~~on any such person to compel his

2 attendance at any continued hearing.

3 (Source: P.A. 77-1273.)

4 Section 155. The Illinois Torture Inquiry and Relief

5 Commission Act is amended by changing Section 50 as follows:

6 (775 ILCS 40/50)

7 Sec. 50. Post-commission judicial review.

8 (a) If the Commission concludes there is sufficient

9 evidence of torture to merit judicial review, the Chair of the

10 Commission shall request the Chief Judge of the Circuit Court

11 of Cook County for assignment to a trial judge for

12 consideration. The court may receive proof by affidavits,

13 depositions, oral testimony, or other evidence. In its

14 discretion the court may order the petitioner brought before

15 the court for the hearing. Notwithstanding the status of any

16 other postconviction proceedings relating to the petitioner,

17 if the court finds in favor of the petitioner, it shall enter

18 an appropriate order with respect to the judgment or sentence

19 in the former proceedings and such supplementary orders as to

20 rearraignment, retrial, custody,pretrial release ~~bail~~ or

21 discharge, or for such relief as may be granted under a

22 petition for a certificate of innocence, as may be necessary

23 and proper.

24 (b) The State's Attorney, or the State's Attorney's

SB4025

- 368 -

LRB101 20752 RLC 70439 b

1 designee, shall represent the State at the hearing before the

2 assigned judge.

3 (Source: P.A. 96-223, eff. 8-10-09.)

4 Section 160. The Unemployment Insurance Act is amended by

5 changing Section 602 as follows:

6 (820 ILCS 405/602) (from Ch. 48, par. 432)

7 Sec. 602. Discharge for misconduct - Felony.

8 A. An individual shall be ineligible for benefits for the

9 week in which he has been discharged for misconduct connected

10 with his work and, thereafter, until he has become reemployed

11 and has had earnings equal to or in excess of his current

12 weekly benefit amount in each of four calendar weeks which are

13 either for services in employment, or have been or will be

14 reported pursuant to the provisions of the Federal Insurance

15 Contributions Act by each employing unit for which such

16 services are performed and which submits a statement certifying

17 to that fact. The requalification requirements of the preceding

18 sentence shall be deemed to have been satisfied, as of the date

19 of reinstatement, if, subsequent to his discharge by an

20 employing unit for misconduct connected with his work, such

21 individual is reinstated by such employing unit. For purposes

22 of this subsection, the term "misconduct" means the deliberate

23 and willful violation of a reasonable rule or policy of the

24 employing unit, governing the individual's behavior in

SB4025

- 369 -

LRB101 20752 RLC 70439 b

1 performance of his work, provided such violation has harmed the

2 employing unit or other employees or has been repeated by the

3 individual despite a warning or other explicit instruction from

4 the employing unit. The previous definition notwithstanding,

5 "misconduct" shall include any of the following work-related

6 circumstances:

7 1. Falsification of an employment application, or any

8 other documentation provided to the employer, to obtain

9 employment through subterfuge.

10 2. Failure to maintain licenses, registrations, and

11 certifications reasonably required by the employer, or

12 those that the individual is required to possess by law, to

13 perform his or her regular job duties, unless the failure

14 is not within the control of the individual.

15 3. Knowing, repeated violation of the attendance

16 policies of the employer that are in compliance with State

17 and federal law following a written warning for an

18 attendance violation, unless the individual can

19 demonstrate that he or she has made a reasonable effort to

20 remedy the reason or reasons for the violations or that the

21 reason or reasons for the violations were out of the

22 individual's control. Attendance policies of the employer

23 shall be reasonable and provided to the individual in

24 writing, electronically, or via posting in the workplace.

25 4. Damaging the employer's property through conduct

26 that is grossly negligent.

SB4025

- 370 -

LRB101 20752 RLC 70439 b

1 5. Refusal to obey an employer's reasonable and lawful

2 instruction, unless the refusal is due to the lack of

3 ability, skills, or training for the individual required to

4 obey the instruction or the instruction would result in an

5 unsafe act.

6 6. Consuming alcohol or illegal or non-prescribed

7 prescription drugs, or using an impairing substance in an

8 off-label manner, on the employer's premises during

9 working hours in violation of the employer's policies.

10 7. Reporting to work under the influence of alcohol,

11 illegal or non-prescribed prescription drugs, or an

12 impairing substance used in an off-label manner in

13 violation of the employer's policies, unless the

14 individual is compelled to report to work by the employer

15 outside of scheduled and on-call working hours and informs

16 the employer that he or she is under the influence of

17 alcohol, illegal or non-prescribed prescription drugs, or

18 an impairing substance used in an off-label manner in

19 violation of the employer's policies.

20 8. Grossly negligent conduct endangering the safety of

21 the individual or co-workers.

22 For purposes of paragraphs 4 and 8, conduct is "grossly

23 negligent" when the individual is, or reasonably should be,

24 aware of a substantial risk that the conduct will result in the

25 harm sought to be prevented and the conduct constitutes a

26 substantial deviation from the standard of care a reasonable

SB4025

- 371 -

LRB101 20752 RLC 70439 b

1 person would exercise in the situation.

2 Nothing in paragraph 6 or 7 prohibits the lawful use of

3 over-the-counter drug products as defined in Section 206 of the

4 Illinois Controlled Substances Act, provided that the

5 medication does not affect the safe performance of the

6 employee's work duties.

7 B. Notwithstanding any other provision of this Act, no

8 benefit rights shall accrue to any individual based upon wages

9 from any employer for service rendered prior to the day upon

10 which such individual was discharged because of the commission

11 of a felony in connection with his work, or because of theft in

12 connection with his work, for which the employer was in no way

13 responsible; provided, that the employer notified the Director

14 of such possible ineligibility within the time limits specified

15 by regulations of the Director, and that the individual has

16 admitted his commission of the felony or theft to a

17 representative of the Director, or has signed a written

18 admission of such act and such written admission has been

19 presented to a representative of the Director, or such act has

20 resulted in a conviction or order of supervision by a court of

21 competent jurisdiction; and provided further, that if by reason

22 of such act, he is in legal custody, held onpretrial release

23 ~~bail~~or is a fugitive from justice, the determination of his

24 benefit rights shall be held in abeyance pending the result of

25 any legal proceedings arising therefrom.

26 (Source: P.A. 99-488, eff. 1-3-16.)

SB4025

- 372 -

LRB101 20752 RLC 70439 b

1 Section 995. No acceleration or delay. Where this Act makes

2 changes in a statute that is represented in this Act by text

3 that is not yet or no longer in effect (for example, a Section

4 represented by multiple versions), the use of that text does

5 not accelerate or delay the taking effect of (i) the changes

6 made by this Act or (ii) provisions derived from any other

7 Public Act.

SB4025

- 373 -

LRB101 20752 RLC 70439 b

1 INDEX

2 Statutes amended in order of appearance

3 5 ILCS 70/1.43 new

4 5 ILCS 140/2.15

5 5 ILCS 160/4a

6 20 ILCS 2605/2605-302 was 20 ILCS 2605/55a in part

7 20 ILCS 3930/7.7 new

8 50 ILCS 205/3b

9 55 ILCS 5/4-5001 from Ch. 34, par. 4-5001

10 55 ILCS 5/4-12001 from Ch. 34, par. 4-12001

11 55 ILCS 5/4-12001.1 from Ch. 34, par. 4-12001.1

12 65 ILCS 5/1-2-12.1 rep.

13 110 ILCS 12/15

14 215 ILCS 5/143.19 from Ch. 73, par. 755.19

15 215 ILCS 5/143.19.1 from Ch. 73, par. 755.19.1

16 215 ILCS 5/205 from Ch. 73, par. 817

17 230 ILCS 10/5.1 from Ch. 120, par. 2405.1

18 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204

19 625 ILCS 5/6-206

20 625 ILCS 5/6-308

21 625 ILCS 5/6-500 from Ch. 95 1/2, par. 6-500

22 625 ILCS 5/6-601 from Ch. 95 1/2, par. 6-601

23 625 ILCS 5/16-103 from Ch. 95 1/2, par. 16-103

24 625 ILCS 40/5-7

25 705 ILCS 105/27.3b from Ch. 25, par. 27.3b

SB4025

- 374 -

LRB101 20752 RLC 70439 b

1 705 ILCS 205/9 from Ch. 13, par. 9

2 705 ILCS 405/1-7 from Ch. 37, par. 801-7

3 705 ILCS 405/1-8 from Ch. 37, par. 801-8

4 705 ILCS 405/5-150

5 720 ILCS 5/26.5-5

6 720 ILCS 5/31-1 from Ch. 38, par. 31-1

7 720 ILCS 5/31A-0.1

8 720 ILCS 5/32-10 from Ch. 38, par. 32-10

9 720 ILCS 5/32-15

10 725 ILCS 5/102-6 from Ch. 38, par. 102-6

11 725 ILCS 5/102-7 from Ch. 38, par. 102-7

12 725 ILCS 5/103-5 from Ch. 38, par. 103-5

13 725 ILCS 5/103-7 from Ch. 38, par. 103-7

14 725 ILCS 5/103-9 from Ch. 38, par. 103-9

15 725 ILCS 5/104-13 from Ch. 38, par. 104-13

16 725 ILCS 5/104-17 from Ch. 38, par. 104-17

17 725 ILCS 5/106D-1

18 725 ILCS 5/107-4 from Ch. 38, par. 107-4

19 725 ILCS 5/107-9 from Ch. 38, par. 107-9

20 725 ILCS 5/109-1 from Ch. 38, par. 109-1

21 725 ILCS 5/109-2 from Ch. 38, par. 109-2

22 725 ILCS 5/109-3 from Ch. 38, par. 109-3

23 725 ILCS 5/109-3.1 from Ch. 38, par. 109-3.1

24 725 ILCS 5/Art. 110

25 heading

26 725 ILCS 5/110-1 from Ch. 38, par. 110-1

SB4025

- 375 -

LRB101 20752 RLC 70439 b

1 725 ILCS 5/110-1.5 new

2 725 ILCS 5/110-2 from Ch. 38, par. 110-2

3 725 ILCS 5/110-3 from Ch. 38, par. 110-3

4 725 ILCS 5/110-4 from Ch. 38, par. 110-4

5 725 ILCS 5/110-5 from Ch. 38, par. 110-5

6 725 ILCS 5/110-5.1

7 725 ILCS 5/110-5.2

8 725 ILCS 5/110-6 from Ch. 38, par. 110-6

9 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1

10 725 ILCS 5/110-6.3 from Ch. 38, par. 110-6.3

11 725 ILCS 5/110-6.4

12 725 ILCS 5/110-6.5

13 725 ILCS 5/110-7 from Ch. 38, par. 110-7

14 725 ILCS 5/110-10 from Ch. 38, par. 110-10

15 725 ILCS 5/110-11 from Ch. 38, par. 110-11

16 725 ILCS 5/110-12 from Ch. 38, par. 110-12

17 725 ILCS 5/110-14 from Ch. 38, par. 110-14

18 725 ILCS 5/110-16 from Ch. 38, par. 110-16

19 725 ILCS 5/110-17 from Ch. 38, par. 110-17

20 725 ILCS 5/110-18 from Ch. 38, par. 110-18

21 725 ILCS 5/111-2 from Ch. 38, par. 111-2

22 725 ILCS 5/112A-23 from Ch. 38, par. 112A-23

23 725 ILCS 5/114-1 from Ch. 38, par. 114-1

24 725 ILCS 5/115-4.1 from Ch. 38, par. 115-4.1

25 725 ILCS 5/122-6 from Ch. 38, par. 122-6

26 725 ILCS 5/110-8 rep.

SB4025

- 376 -

LRB101 20752 RLC 70439 b

1 725 ILCS 5/110-9 rep.

2 725 ILCS 5/110-13 rep.

3 725 ILCS 5/110-15 rep.

4 725 ILCS 120/4 from Ch. 38, par. 1404

5 725 ILCS 120/4.5

6 725 ILCS 185/11 from Ch. 38, par. 311

7 725 ILCS 185/20 from Ch. 38, par. 320

8 725 ILCS 185/22 from Ch. 38, par. 322

9 725 ILCS 185/34

10 725 ILCS 195/Act title

11 725 ILCS 195/0.01 from Ch. 16, par. 80

12 725 ILCS 195/1 from Ch. 16, par. 81

13 725 ILCS 195/2 from Ch. 16, par. 82

14 725 ILCS 195/3 from Ch. 16, par. 83

15 725 ILCS 195/5 from Ch. 16, par. 85

16 730 ILCS 5/5-3-2 from Ch. 38, par. 1005-3-2

17 730 ILCS 5/5-5-3.2

18 730 ILCS 5/5-6-4 from Ch. 38, par. 1005-6-4

19 730 ILCS 5/5-6-4.1 from Ch. 38, par. 1005-6-4.1

20 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4

21 730 ILCS 5/5-8A-4.1

22 730 ILCS 5/5-8A-7

23 730 ILCS 5/8-2-1 from Ch. 38, par. 1008-2-1

24 730 ILCS 110/18

25 730 ILCS 125/5 from Ch. 75, par. 105

26 730 ILCS 130/3 from Ch. 75, par. 32

SB4025

- 377 -

LRB101 20752 RLC 70439 b