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.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB4025LRB101 20752 RLC 70439 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. This Act may be referred to as the Pretrial
5Fairness Act.
6 Section 5. The Statute on Statutes is amended by adding
7Section 1.43 as follows:
8 (5 ILCS 70/1.43 new)
9 Sec. 1.43. Reference to bail, bail bond, or conditions of
10bail. Whenever there is a reference in any Act to "bail", "bail
11bond", or "conditions of bail", these terms shall be construed
12as "pretrial release" or "conditions of "pretrial release".
13 Section 10. The Freedom of Information Act is amended by
14changing 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
18maintained arrest and criminal history information maintained
19by State or local criminal justice agencies shall be furnished
20as soon as practical, but in no event later than 72 hours after

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1the arrest, notwithstanding the time limits otherwise provided
2for in Section 3 of this Act: (i) information that identifies
3the individual, including the name, age, address, and
4photograph, when and if available; (ii) information detailing
5any charges relating to the arrest; (iii) the time and location
6of the arrest; (iv) the name of the investigating or arresting
7law enforcement agency; (v) if the individual is incarcerated,
8the conditions of pretrial release amount of any bail or bond;
9and (vi) if the individual is incarcerated, the time and date
10that the individual was received into, discharged from, or
11transferred from the arresting agency's custody.
12 (b) Criminal history records. The following documents
13maintained by a public body pertaining to criminal history
14record information are public records subject to inspection and
15copying by the public pursuant to this Act: (i) court records
16that are public; (ii) records that are otherwise available
17under State or local law; and (iii) records in which the
18requesting party is the individual identified, except as
19provided under Section 7(1)(d)(vi).
20 (c) Information described in items (iii) through (vi) of
21subsection (a) may be withheld if it is determined that
22disclosure would: (i) interfere with pending or actually and
23reasonably contemplated law enforcement proceedings conducted
24by any law enforcement agency; (ii) endanger the life or
25physical safety of law enforcement or correctional personnel or
26any other person; or (iii) compromise the security of any

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1correctional facility.
2 (d) The provisions of this Section do not supersede the
3confidentiality provisions for law enforcement or arrest
4records of the Juvenile Court Act of 1987.
5 (e) Notwithstanding the requirements of subsection (a), a
6law enforcement agency may not publish booking photographs,
7commonly known as "mugshots", on its social networking website
8in connection with civil offenses, petty offenses, business
9offenses, Class C misdemeanors, and Class B misdemeanors unless
10the booking photograph is posted to the social networking
11website to assist in the search for a missing person or to
12assist in the search for a fugitive, person of interest, or
13individual wanted in relation to a crime other than a petty
14offense, business offense, Class C misdemeanor, or Class B
15misdemeanor. As used in this subsection, "social networking
16website" has the meaning provided in Section 10 of the Right to
17Privacy 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
20Section 4a as follows:
21 (5 ILCS 160/4a)
22 Sec. 4a. Arrest records and reports.
23 (a) When an individual is arrested, the following
24information must be made available to the news media for

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1inspection 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
16available to the news media for inspection and copying as soon
17as practicable, but in no event shall the time period exceed 72
18hours from the arrest. The information described in paragraphs
19(3), (4), (5), and (6) of subsection (a), however, may be
20withheld if it is determined that disclosure would:
21 (1) interfere with pending or actually and reasonably
22 contemplated law enforcement proceedings conducted by any
23 law enforcement or correctional agency;
24 (2) endanger the life or physical safety of law
25 enforcement or correctional personnel or any other person;
26 or

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1 (3) compromise the security of any correctional
2 facility.
3 (c) For the purposes of this Section, the term "news media"
4means personnel of a newspaper or other periodical issued at
5regular intervals whether in print or electronic format, a news
6service whether in print or electronic format, a radio station,
7a television station, a television network, a community antenna
8television service, or a person or corporation engaged in
9making news reels or other motion picture news for public
10showing.
11 (d) Each law enforcement or correctional agency may charge
12fees for arrest records, but in no instance may the fee exceed
13the actual cost of copying and reproduction. The fees may not
14include the cost of the labor used to reproduce the arrest
15record.
16 (e) The provisions of this Section do not supersede the
17confidentiality provisions for arrest records of the Juvenile
18Court Act of 1987.
19 (f) All information, including photographs, made available
20under this Section is subject to the provisions of Section 2QQQ
21of the Consumer Fraud and Deceptive Business Practices Act.
22 (g) Notwithstanding the requirements of subsection (a), a
23law enforcement agency may not publish booking photographs,
24commonly known as "mugshots", on its social networking website
25in connection with civil offenses, petty offenses, business
26offenses, Class C misdemeanors, and Class B misdemeanors unless

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1the booking photograph is posted to the social networking
2website to assist in the search for a missing person or to
3assist in the search for a fugitive, person of interest, or
4individual wanted in relation to a crime other than a petty
5offense, business offense, Class C misdemeanor, or Class B
6misdemeanor. As used in this subsection, "social networking
7website" has the meaning provided in Section 10 of the Right to
8Privacy 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
11Administrative Code of Illinois is amended by changing Section
122605-302 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
16information must be made available to the news media for
17inspection and copying:
18 (1) Information that identifies the individual,
19 including the name, age, address, and photograph, when and
20 if available.
21 (2) Information detailing any charges relating to the
22 arrest.
23 (3) The time and location of the arrest.
24 (4) The name of the investigating or arresting law

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1 enforcement agency.
2 (5) If the individual is incarcerated, the conditions
3 of pretrial release amount of any bail or bond.
4 (6) If the individual is incarcerated, the time and
5 date that the individual was received, discharged, or
6 transferred from the arresting agency's custody.
7 (b) The information required by this Section must be made
8available to the news media for inspection and copying as soon
9as practicable, but in no event shall the time period exceed 72
10hours from the arrest. The information described in items (3),
11(4), (5), and (6) of subsection (a), however, may be withheld
12if it is determined that disclosure would (i) interfere with
13pending or actually and reasonably contemplated law
14enforcement proceedings conducted by any law enforcement or
15correctional agency; (ii) endanger the life or physical safety
16of law enforcement or correctional personnel or any other
17person; or (iii) compromise the security of any correctional
18facility.
19 (c) For the purposes of this Section, the term "news media"
20means personnel of a newspaper or other periodical issued at
21regular intervals whether in print or electronic format, a news
22service whether in print or electronic format, a radio station,
23a television station, a television network, a community antenna
24television service, or a person or corporation engaged in
25making news reels or other motion picture news for public
26showing.

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1 (d) Each law enforcement or correctional agency may charge
2fees for arrest records, but in no instance may the fee exceed
3the actual cost of copying and reproduction. The fees may not
4include the cost of the labor used to reproduce the arrest
5record.
6 (e) The provisions of this Section do not supersede the
7confidentiality provisions for arrest records of the Juvenile
8Court Act of 1987.
9(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
10incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02.)
11 Section 25. The Illinois Criminal Justice Information Act
12is 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
16Information Authority shall convene an oversight board to be
17known as the Pretrial Practices Data Oversight Board to oversee
18the collection and analysis of data regarding pretrial
19practices in circuit court systems. The Board shall include,
20but is not limited to, designees from the Administrative Office
21of the Illinois Courts, the Illinois Criminal Justice
22Information Authority, and other entities that possess a
23knowledge of pretrial practices and data collection issues.
24Members of the Board shall serve without compensation.

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1 (b) The Oversight Board shall:
2 (1) identify existing data collection processes in
3 various circuit clerk's offices;
4 (2) gather and maintain records of all available
5 pretrial data relating to the topics listed in subsection
6 (c) from circuit clerks' offices;
7 (3) identify resources necessary to systematically
8 collect and report data related to the topics listed in
9 subsections (c) from circuit clerks' offices that are
10 currently not collecting that data;
11 (4) report to the Governor and General Assembly
12 annually on the state of pretrial data collection on the
13 topics listed in subsection (c); and
14 (5) develop a plan to implement data collection
15 processes sufficient to collect data on the topics listed
16 in subsection (c) no later than one year after the
17 effective date of this amendatory Act of the 101st General
18 Assembly.
19 The plan and, once implemented, the reports and analysis
20shall be published and made publicly available on the Oversight
21Board's government website.
22 (c) The Pretrial Practices Data Oversight Board shall
23develop a strategy to collect quarterly, circuit-level data on
24the following topics; which collection of data shall begin
25starting one year after the effective date of this amendatory
26Act of the 101st General Assembly:

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1 (1) information on all persons arrested and charged
2 with misdemeanor or felony charges, or both, including
3 information on persons released directly from law
4 enforcement custody;
5 (2) information on the outcomes of pretrial conditions
6 and pretrial detention hearings in the county courts,
7 including but not limited to the number of hearings held,
8 the number of defendants detained, the number of defendants
9 released, and the number of defendants released with
10 electronic monitoring;
11 (3) information regarding persons detained in the
12 county jail pretrial, including, but not limited to, the
13 number of persons detained in the jail pretrial and the
14 number detained in the jail for other reasons, the
15 demographics of the pretrial jail population, including
16 race, sex, age, and ethnicity, the charges on which
17 pretrial defendants are detained, the average length of
18 stay of pretrial defendants; and
19 (4) information regarding persons placed on electronic
20 monitoring programs pretrial, including, but not limited
21 to, the number of participants, the demographics
22 participant population, including race, sex, age, and
23 ethnicity, the charges on which participants are ordered to
24 the program, and the average length of participation in the
25 program;
26 (5) discharge data regarding persons detained pretrial

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1 in the county jail, including, but not limited to, the
2 number who are sentenced to the Illinois department of
3 Corrections, the number released after being sentenced to
4 time served, the number who are released on probation,
5 conditional discharge, or other community supervision, the
6 number found not guilty, the number whose cases are
7 dismissed, the number whose cases are dismissed as part of
8 a diversion or deferred prosecution program, and the number
9 who are released pretrial after a hearing re-examining
10 their pretrial detention;
11 (6) information on the pretrial rearrest of
12 individuals released pretrial, including the number
13 arrested and charged with a new misdemeanor offense while
14 released, the number arrested and charged with a new felony
15 offense while released, and the number arrested and charged
16 with a new forcible felony offense while released, and how
17 long after release these arrests occurred;
18 (7) information on the pretrial failure to appear rates
19 of individuals released pretrial, including the number who
20 missed one or more court dates and did not have a warrant
21 issued for their arrest, how many warrants for failures to
22 appear were issued, and how many individuals were detained
23 pretrial or placed on electronic monitoring pretrial after
24 a failure to appear in court;
25 (8) what, if any, validated risk assessment tools are
26 in use in each jurisdiction, and comparisons of the

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1 pretrial release and pretrial detention decisions of
2 judges and the risk assessment scores of individuals; and
3 (9) any other information the Pretrial Practices Data
4 Oversight Board considers important and probative of the
5 effectiveness of pretrial practices in the state of
6 Illinois.
7 Section 30. The Local Records Act is amended by changing
8Section 3b as follows:
9 (50 ILCS 205/3b)
10 Sec. 3b. Arrest records and reports.
11 (a) When an individual is arrested, the following
12information must be made available to the news media for
13inspection and copying:
14 (1) Information that identifies the individual,
15 including the name, age, address, and photograph, when and
16 if available.
17 (2) Information detailing any charges relating to the
18 arrest.
19 (3) The time and location of the arrest.
20 (4) The name of the investigating or arresting law
21 enforcement agency.
22 (5) If the individual is incarcerated, the conditions
23 of pretrial release amount of any bail or bond.
24 (6) If the individual is incarcerated, the time and

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1 date that the individual was received, discharged, or
2 transferred from the arresting agency's custody.
3 (b) The information required by this Section must be made
4available to the news media for inspection and copying as soon
5as practicable, but in no event shall the time period exceed 72
6hours from the arrest. The information described in paragraphs
7(3), (4), (5), and (6) of subsection (a), however, may be
8withheld 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"
18means personnel of a newspaper or other periodical issued at
19regular intervals whether in print or electronic format, a news
20service whether in print or electronic format, a radio station,
21a television station, a television network, a community antenna
22television service, or a person or corporation engaged in
23making news reels or other motion picture news for public
24showing.
25 (d) Each law enforcement or correctional agency may charge
26fees for arrest records, but in no instance may the fee exceed

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1the actual cost of copying and reproduction. The fees may not
2include the cost of the labor used to reproduce the arrest
3record.
4 (e) The provisions of this Section do not supersede the
5confidentiality provisions for arrest records of the Juvenile
6Court Act of 1987.
7 (f) All information, including photographs, made available
8under this Section is subject to the provisions of Section 2QQQ
9of 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
12Sections 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.
15The fees of sheriffs in counties of the first and second class,
16except when increased by county ordinance under this Section,
17shall be as follows:
18 For serving or attempting to serve summons on each
19defendant in each county, $10.
20 For serving or attempting to serve an order or judgment
21granting injunctive relief in each county, $10.
22 For serving or attempting to serve each garnishee in each
23county, $10.
24 For serving or attempting to serve an order for replevin in

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1each county, $10.
2 For serving or attempting to serve an order for attachment
3on each defendant in each county, $10.
4 For serving or attempting to serve a warrant of arrest, $8,
5to be paid upon conviction.
6 For returning a defendant from outside the State of
7Illinois, upon conviction, the court shall assess, as court
8costs, 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
11witness, 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
15process as Stated above, calculating from the place of holding
16court to the place of residence of the defendant, or witness,
1750 each way.
18 For summoning each juror, $3 with 30 mileage each way in
19all counties.
20 For serving or attempting to serve notice of judgments or
21levying to enforce a judgment, $3 with 50 mileage each way in
22all counties.
23 For taking possession of and removing property levied on,
24the officer shall be allowed to tax the actual cost of such
25possession or removal.
26 For feeding each prisoner, such compensation to cover the

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1actual cost as may be fixed by the county board, but such
2compensation shall not be considered a part of the fees of the
3office.
4 For attending before a court with prisoner, on an order for
5habeas corpus, in each county, $10 per day.
6 For attending before a court with a prisoner in any
7criminal proceeding, in each county, $10 per day.
8 For each mile of necessary travel in taking such prisoner
9before the court as stated above, 15 a mile each way.
10 For serving or attempting to serve an order or judgment for
11the possession of real estate in an action of ejectment or in
12any other action, or for restitution in an eviction action
13without aid, $10 and when aid is necessary, the sheriff shall
14be allowed to tax in addition the actual costs thereof, and for
15each mile of necessary travel, 50 each way.
16 For executing and acknowledging a deed of sale of real
17estate, in counties of first class, $4; second class, $4.
18 For preparing, executing and acknowledging a deed on
19redemption from a court sale of real estate in counties of
20first class, $5; second class, $5.
21 For making certificates of sale, and making and filing
22duplicate, in counties of first class, $3; in counties of the
23second class, $3.
24 For making certificate of redemption, $3.
25 For certificate of levy and filing, $3, and the fee for
26recording shall be advanced by the judgment creditor and

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1charged as costs.
2 For taking all civil bonds on legal process, civil and
3criminal, in counties of first class, $1; in second class, $1.
4 For executing copies in criminal cases, $4 and mileage for
5each 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
8to the jail of another county, or from another county to the
9jail of the prisoner's county, per mile, for going, only, 30.
10 For conveying persons to the penitentiary, reformatories,
11Illinois State Training School for Boys, Illinois State
12Training School for Girls and Reception Centers, the following
13fees, payable out of the State treasury. For each person who is
14conveyed, 35 per mile in going only to the penitentiary,
15reformatory, Illinois State Training School for Boys, Illinois
16State Training School for Girls and Reception Centers, from the
17place of conviction.
18 The fees provided for transporting persons to the
19penitentiary, reformatories, Illinois State Training School
20for Boys, Illinois State Training School for Girls and
21Reception Centers shall be paid for each trip so made. Mileage
22as used in this Section means the shortest practical route,
23between the place from which the person is to be transported,
24to the penitentiary, reformatories, Illinois State Training
25School for Boys, Illinois State Training School for Girls and
26Reception Centers and all fees per mile shall be computed on

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1such basis.
2 For conveying any person to or from any of the charitable
3institutions of the State, when properly committed by competent
4authority, when one person is conveyed, 35 per mile; when two
5persons are conveyed at the same time, 35 per mile for the
6first person and 20 per mile for the second person; and 10
7per mile for each additional person.
8 For conveying a person from the penitentiary to the county
9jail 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
12sheriff a fee of $600 for the sale of real estate which is made
13by virtue of any judgment of a court, except that in the case
14of a sale of unimproved real estate which sells for $10,000 or
15less, the fee shall be $150. In addition to this fee and all
16other fees provided by this Section, there shall be allowed to
17the sheriff a fee in accordance with the following schedule for
18the sale of personal estate which is made by virtue of any
19judgment 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
24fees that may be collected from any officer, agency, department
25or other instrumentality of the State. The county board may,
26however, by ordinance, increase the fees allowed by this

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1Section and collect those increased fees from all persons and
2entities other than officers, agencies, departments and other
3instrumentalities of the State if the increase is justified by
4an acceptable cost study showing that the fees allowed by this
5Section are not sufficient to cover the costs of providing the
6service. A statement of the costs of providing each service,
7program and activity shall be prepared by the county board. All
8supporting documents shall be public records and subject to
9public examination and audit. All direct and indirect costs, as
10defined in the United States Office of Management and Budget
11Circular A-87, may be included in the determination of the
12costs of each service, program and activity.
13 In all cases where the judgment is settled by the parties,
14replevied, stopped by injunction or paid, or where the property
15levied upon is not actually sold, the sheriff shall be allowed
16his fee for levying and mileage, together with half the fee for
17all money collected by him which he would be entitled to if the
18same was made by sale to enforce the judgment. In no case shall
19the fee exceed the amount of money arising from the sale.
20 The fee requirements of this Section do not apply to police
21departments or other law enforcement agencies. For the purposes
22of this Section, "law enforcement agency" means an agency of
23the State or unit of local government which is vested by law or
24ordinance with the duty to maintain public order and to enforce
25criminal laws.
26(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18.)

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1 (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
2 Sec. 4-12001. Fees of sheriff in third class counties. The
3officers herein named, in counties of the third class, shall be
4entitled to receive the fees herein specified, for the services
5mentioned and such other fees as may be provided by law for
6such other services not herein designated.
7Fees for Sheriff
8 For serving or attempting to serve any summons on each
9defendant, $35.
10 For serving or attempting to serve each alias summons or
11other process mileage will be charged as hereinafter provided
12when the address for service differs from the address for
13service on the original summons or other process.
14 For serving or attempting to serve all other process, on
15each defendant, $35.
16 For serving or attempting to serve a subpoena on each
17witness, $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
22for replevin, $35.
23 For serving or attempting to serve an order for attachment,
24on each defendant, $35.
25 For serving or attempting to serve an order or judgment for

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1the possession of real estate in an action of ejectment or in
2any other action, or for restitution in an eviction action,
3without aid, $35, and when aid is necessary, the sheriff shall
4be 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
7attachment, $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
11recording same, $8, and the fee for filing or recording shall
12be advanced by the plaintiff in attachment or by the judgment
13creditor and taxed as costs. For taking possession of or
14removing property levied on, the sheriff shall be allowed to
15tax 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
18duplicate for record, $15, and the fee for recording same shall
19be advanced by the judgment creditor and taxed as costs.
20 For preparing, executing and acknowledging deed on
21redemption from a court sale of real estate, $15; for
22preparing, executing and acknowledging all other deeds on sale
23of real estate, $10.
24 For making and filing certificate of redemption, $15, and
25the fee for recording same shall be advanced by party making
26the redemption and taxed as costs.

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1 For making and filing certificate of redemption from a
2court sale, $11, and the fee for recording same shall be
3advanced 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
8a $10 flat fee.
9 For attending before a court with a prisoner on an order
10for habeas corpus, $9 per day.
11 For executing requisitions from other States, $13.
12 For conveying each prisoner from the prisoner's county to
13the 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
17actual costs as may be fixed by the county board, but such
18compensation shall not be considered a part of the fees of the
19office.
20 For committing each prisoner to jail under the laws of the
21United States, to be paid by the marshal or other person
22requiring his confinement, $3.
23 For feeding such prisoners per day, $3, to be paid by the
24marshal 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
1Illinois State Training School for Boys, Illinois State
2Training School for Girls, Reception Centers and Illinois
3Security Hospital, the following fees, payable out of the State
4Treasury. When one person is conveyed, 20 per mile in going to
5the penitentiary, reformatories, Illinois State Training
6School for Boys, Illinois State Training School for Girls,
7Reception Centers and Illinois Security Hospital from the place
8of conviction; when 2 persons are conveyed at the same time,
920 per mile for the first and 15 per mile for the second
10person; when more than 2 persons are conveyed at the same time
11as Stated above, the sheriff shall be allowed 20 per mile for
12the first, 15 per mile for the second and 10 per mile for
13each additional person.
14 The fees provided for herein for transporting persons to
15the penitentiary, reformatories, Illinois State Training
16School for Boys, Illinois State Training School for Girls,
17Reception Centers and Illinois Security Hospital, shall be paid
18for each trip so made. Mileage as used in this Section means
19the shortest route on a hard surfaced road, (either State Bond
20Issue Route or Federal highways) or railroad, whichever is
21shorter, between the place from which the person is to be
22transported, to the penitentiary, reformatories, Illinois
23State Training School for Boys, Illinois State Training School
24for Girls, Reception Centers and Illinois Security Hospital,
25and 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
1the sheriff a fee of $900 for the sale of real estate which
2shall be made by virtue of any judgment of a court. In addition
3to this fee and all other fees provided by this Section, there
4shall be allowed to the sheriff a fee in accordance with the
5following schedule for the sale of personal estate which is
6made 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,
11replevied, stopped by injunction or paid, or where the property
12levied upon is not actually sold, the sheriff shall be allowed
13the fee for levying and mileage, together with half the fee for
14all money collected by him or her which he or she would be
15entitled to if the same were made by sale in the enforcement of
16a judgment. In no case shall the fee exceed the amount of money
17arising from the sale.
18 The fee requirements of this Section do not apply to police
19departments or other law enforcement agencies. For the purposes
20of this Section, "law enforcement agency" means an agency of
21the State or unit of local government which is vested by law or
22ordinance with the duty to maintain public order and to enforce
23criminal laws or ordinances.
24 The fee requirements of this Section do not apply to units
25of 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;
3local governments and school districts. The officers herein
4named, in counties of the third class, shall be entitled to
5receive the fees herein specified from all units of local
6government and school districts, for the services mentioned and
7such other fees as may be provided by law for such other
8services not herein designated.
9Fees for Sheriff
10 For serving or attempting to serve any summons on each
11defendant, $25.
12 For serving or attempting to serve each alias summons or
13other process mileage will be charged as hereinafter provided
14when the address for service differs from the address for
15service on the original summons or other process.
16 For serving or attempting to serve all other process, on
17each defendant, $25.
18 For serving or attempting to serve a subpoena on each
19witness, $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
24for replevin, $25.
25 For serving or attempting to serve an order for attachment,

SB4025- 26 -LRB101 20752 RLC 70439 b
1on each defendant, $25.
2 For serving or attempting to serve an order or judgment for
3the possession of real estate in an action of ejectment or in
4any other action, or for restitution in an eviction action,
5without aid, $9, and when aid is necessary, the sheriff shall
6be 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
9attachment, $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
13recording same, $3, and the fee for filing or recording shall
14be advanced by the plaintiff in attachment or by the judgment
15creditor and taxed as costs. For taking possession of or
16removing property levied on, the sheriff shall be allowed to
17tax 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
20duplicate for record, $3, and the fee for recording same shall
21be advanced by the judgment creditor and taxed as costs.
22 For preparing, executing and acknowledging deed on
23redemption from a court sale of real estate, $6; for preparing,
24executing and acknowledging all other deeds on sale of real
25estate, $4.
26 For making and filing certificate of redemption, $3.50, and

SB4025- 27 -LRB101 20752 RLC 70439 b
1the fee for recording same shall be advanced by party making
2the redemption and taxed as costs.
3 For making and filing certificate of redemption from a
4court sale, $4.50, and the fee for recording same shall be
5advanced 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
10a $10 flat fee.
11 For attending before a court with a prisoner on an order
12for 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
15the 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
19actual costs as may be fixed by the county board, but such
20compensation shall not be considered a part of the fees of the
21office.
22 For committing each prisoner to jail under the laws of the
23United States, to be paid by the marshal or other person
24requiring his confinement, $1.
25 For feeding such prisoners per day, $1, to be paid by the
26marshal 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,
3Illinois State Training School for Boys, Illinois State
4Training School for Girls, Reception Centers and Illinois
5Security Hospital, the following fees, payable out of the State
6Treasury. When one person is conveyed, 15 per mile in going to
7the penitentiary, reformatories, Illinois State Training
8School for Boys, Illinois State Training School for Girls,
9Reception Centers and Illinois Security Hospital from the place
10of conviction; when 2 persons are conveyed at the same time,
1115 per mile for the first and 10 per mile for the second
12person; when more than 2 persons are conveyed at the same time
13as stated above, the sheriff shall be allowed 15 per mile for
14the first, 10 per mile for the second and 5 per mile for each
15additional person.
16 The fees provided for herein for transporting persons to
17the penitentiary, reformatories, Illinois State Training
18School for Boys, Illinois State Training School for Girls,
19Reception Centers and Illinois Security Hospital, shall be paid
20for each trip so made. Mileage as used in this Section means
21the shortest route on a hard surfaced road, (either State Bond
22Issue Route or Federal highways) or railroad, whichever is
23shorter, between the place from which the person is to be
24transported, to the penitentiary, reformatories, Illinois
25State Training School for Boys, Illinois State Training School
26for Girls, Reception Centers and Illinois Security Hospital,

SB4025- 29 -LRB101 20752 RLC 70439 b
1and all fees per mile shall be computed on such basis.
2 In addition to the above fees, there shall be allowed to
3the sheriff a fee of $600 for the sale of real estate which
4shall be made by virtue of any judgment of a court. In addition
5to this fee and all other fees provided by this Section, there
6shall be allowed to the sheriff a fee in accordance with the
7following schedule for the sale of personal estate which is
8made 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,
13replevied, stopped by injunction or paid, or where the property
14levied upon is not actually sold, the sheriff shall be allowed
15the fee for levying and mileage, together with half the fee for
16all money collected by him or her which he or she would be
17entitled to if the same were made by sale in the enforcement of
18a judgment. In no case shall the fee exceed the amount of money
19arising from the sale.
20 All fees collected under Sections 4-12001 and 4-12001.1
21must 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
25repealing Section 1-2-12.1.

SB4025- 30 -LRB101 20752 RLC 70439 b
1 Section 45. The Campus Security Enhancement Act of 2008 is
2amended 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
6information must be made available to the news media for
7inspection 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
22available to the news media for inspection and copying as soon
23as practicable, but in no event shall the time period exceed 72
24hours 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
2withheld 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"
12means personnel of a newspaper or other periodical issued at
13regular intervals whether in print or electronic format, a news
14service whether in print or electronic format, a radio station,
15a television station, a television network, a community antenna
16television service, or a person or corporation engaged in
17making news reels or other motion picture news for public
18showing.
19 (d) Each law enforcement or correctional agency may charge
20fees for arrest records, but in no instance may the fee exceed
21the actual cost of copying and reproduction. The fees may not
22include the cost of the labor used to reproduce the arrest
23record.
24 (e) The provisions of this Section do not supersede the
25confidentiality provisions for arrest records of the Juvenile
26Court 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;
292-335, eff. 8-10-01.)
3 Section 50. The Illinois Insurance Code is amended by
4changing 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;
7grounds. After a policy of automobile insurance as defined in
8Section 143.13(a) has been effective for 60 days, or if such
9policy is a renewal policy, the insurer shall not exercise its
10option to cancel such policy except for one or more of the
11following 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.
4After a policy of automobile insurance, as defined in Section
5143.13, has been effective or renewed for 5 or more years, the
6company shall not exercise its right of non-renewal unless:
7 a. The policy was obtained through a material
8misrepresentation; or
9 b. Any insured violated any of the terms and conditions of
10the policy; or
11 c. The named insured failed to disclose fully his motor
12vehicle accidents and moving traffic violations for the
13preceding 36 months, if such information is called for in the
14application; or
15 d. Any insured made a false or fraudulent claim or
16knowingly aided or abetted another in the presentation of such
17a claim; or
18 e. The named insured or any other operator who either
19resides in the same household or customarily operates an
20automobile 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
19the insured at least 60 days before the date of nonrenewal as
20provided 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
25the 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
4providing that the assets in a separate account are not
5chargeable with the liabilities arising out of any other
6business of the insurer shall be satisfied out of the funded
7assets in the separate account equal to, but not to exceed, the
8reserves maintained in the separate account under the separate
9account agreement, and to the extent, if any, the claim is not
10fully discharged thereby, the remainder of the claim shall be
11treated as a priority level (d) claim under paragraph (d) of
12this subsection to the extent that reserves have been
13established in the insurer's general account pursuant to
14statute, rule, or the separate account agreement.
15 For purposes of this provision, "separate account
16policies, contracts, or agreements" means any policies,
17contracts, or agreements that provide for separate accounts as
18contemplated by Section 245.21.
19 To the extent that any assets of an insurer, other than
20those assets properly allocated to and maintained in a separate
21account, have been used to fund or pay any expenses, taxes, or
22policyholder benefits that are attributable to a separate
23account policy, contract, or agreement that should have been
24paid by a separate account prior to the commencement of
25receivership proceedings, then upon the commencement of
26receivership proceedings, the separate accounts that benefited

SB4025- 43 -LRB101 20752 RLC 70439 b
1from this payment or funding shall first be used to repay or
2reimburse the company's general assets or account for any
3unreimbursed net sums due at the commencement of receivership
4proceedings prior to the application of the separate account
5assets to the satisfaction of liabilities or the corresponding
6separate account policies, contracts, and agreements.
7 To the extent, if any, reserves or assets maintained in the
8separate account are in excess of the amounts needed to satisfy
9claims under the separate account contracts, the excess shall
10be treated as part of the general assets of the insurer's
11estate.
12 (2) Within 120 days after the issuance of an Order of
13Liquidation with a finding of insolvency against a domestic
14company, the Director shall make application to the court
15requesting authority to disburse funds to the Illinois
16Insurance Guaranty Fund, the Illinois Life and Health Insurance
17Guaranty Association, the Illinois Health Maintenance
18Organization Guaranty Association, and similar organizations
19in other states from time to time out of the company's
20marshaled assets as funds become available in amounts equal to
21disbursements made by the Illinois Insurance Guaranty Fund, the
22Illinois Life and Health Insurance Guaranty Association, the
23Illinois Health Maintenance Organization Guaranty Association,
24and similar organizations in other states for covered claims
25obligations on the presentation of evidence that such
26disbursements have been made by the Illinois Insurance Guaranty

SB4025- 44 -LRB101 20752 RLC 70439 b
1Fund, the Illinois Life and Health Insurance Guaranty
2Association, the Illinois Health Maintenance Organization
3Guaranty Association, and similar organizations in other
4states.
5 The Director shall establish procedures for the ratable
6allocation and distribution of disbursements to the Illinois
7Insurance Guaranty Fund, the Illinois Life and Health Insurance
8Guaranty Association, the Illinois Health Maintenance
9Organization Guaranty Association, and similar organizations
10in other states. In determining the amounts available for
11disbursement, the Director shall reserve sufficient assets for
12the payment of the expenses of administration described in
13paragraph (1)(a) of this Section. All funds available for
14disbursement after the establishment of the prescribed reserve
15shall be promptly distributed. As a condition to receipt of
16funds in reimbursement of covered claims obligations, the
17Director shall secure from the Illinois Insurance Guaranty
18Fund, the Illinois Life and Health Insurance Guaranty
19Association, the Illinois Health Maintenance Organization
20Guaranty Association, and each similar organization in other
21states, an agreement to return to the Director on demand funds
22previously received as may be required to pay claims of secured
23creditors and claims falling within the priorities established
24in paragraphs (a), (b), (c), and (d) of subsection (1) of this
25Section in accordance with such priorities.
26 (3) The changes made in this Section by this amendatory Act

SB4025- 45 -LRB101 20752 RLC 70439 b
1of the 100th General Assembly apply to all liquidation,
2rehabilitation, or conservation proceedings that are pending
3on the effective date of this amendatory Act of the 100th
4General Assembly and to all future liquidation,
5rehabilitation, or conservation proceedings.
6 (4) The provisions of this Section are severable under
7Section 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
10changing 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
14the contrary, the Board shall, on written request from any
15person, provide information furnished by an applicant or
16licensee concerning the applicant or licensee, his products,
17services or gambling enterprises and his business holdings, as
18follows:
19 (1) The name, business address and business telephone
20 number of any applicant or licensee.
21 (2) An identification of any applicant or licensee
22 including, if an applicant or licensee is not an
23 individual, the names and addresses of all stockholders and
24 directors, if the entity is a corporation; the names and

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1 addresses of all members, if the entity is a limited
2 liability company; the names and addresses of all partners,
3 both general and limited, if the entity is a partnership;
4 and the names and addresses of all beneficiaries, if the
5 entity is a trust. If an applicant or licensee has a
6 pending registration statement filed with the Securities
7 and Exchange Commission, only the names of those persons or
8 entities holding interest of 5% or more must be provided.
9 (3) An identification of any business, including, if
10 applicable, the state of incorporation or registration, in
11 which an applicant or licensee or an applicant's or
12 licensee's spouse or children has an equity interest of
13 more than 1%. If an applicant or licensee is a corporation,
14 partnership or other business entity, the applicant or
15 licensee shall identify any other corporation, partnership
16 or business entity in which it has an equity interest of 1%
17 or more, including, if applicable, the state of
18 incorporation or registration. This information need not
19 be provided by a corporation, partnership or other business
20 entity that has a pending registration statement filed with
21 the Securities and Exchange Commission.
22 (4) Whether an applicant or licensee has been indicted,
23 convicted, pleaded guilty or nolo contendere, or pretrial
24 release has been revoked forfeited bail concerning any
25 criminal offense under the laws of any jurisdiction, either
26 felony or misdemeanor (except for traffic violations),

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1 including the date, the name and location of the court,
2 arresting agency and prosecuting agency, the case number,
3 the offense, the disposition and the location and length of
4 incarceration.
5 (5) Whether an applicant or licensee has had any
6 license or certificate issued by a licensing authority in
7 Illinois or any other jurisdiction denied, restricted,
8 suspended, revoked or not renewed and a statement
9 describing the facts and circumstances concerning the
10 denial, restriction, suspension, revocation or
11 non-renewal, including the licensing authority, the date
12 each such action was taken, and the reason for each such
13 action.
14 (6) Whether an applicant or licensee has ever filed or
15 had filed against it a proceeding in bankruptcy or has ever
16 been involved in any formal process to adjust, defer,
17 suspend or otherwise work out the payment of any debt
18 including the date of filing, the name and location of the
19 court, the case and number of the disposition.
20 (7) Whether an applicant or licensee has filed, or been
21 served with a complaint or other notice filed with any
22 public body, regarding the delinquency in the payment of,
23 or a dispute over the filings concerning the payment of,
24 any tax required under federal, State or local law,
25 including the amount, type of tax, the taxing agency and
26 time periods involved.

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1 (8) A statement listing the names and titles of all
2 public officials or officers of any unit of government, and
3 relatives of said public officials or officers who,
4 directly or indirectly, own any financial interest in, have
5 any beneficial interest in, are the creditors of or hold
6 any debt instrument issued by, or hold or have any interest
7 in any contractual or service relationship with, an
8 applicant or licensee.
9 (9) Whether an applicant or licensee has made, directly
10 or indirectly, any political contribution, or any loans,
11 donations or other payments, to any candidate or office
12 holder, within 5 years from the date of filing the
13 application, including the amount and the method of
14 payment.
15 (10) The name and business telephone number of the
16 counsel representing an applicant or licensee in matters
17 before the Board.
18 (11) A description of any proposed or approved gambling
19 operation, including the type of boat, home dock, or casino
20 or gaming location, expected economic benefit to the
21 community, anticipated or actual number of employees, any
22 statement from an applicant or licensee regarding
23 compliance with federal and State affirmative action
24 guidelines, projected or actual admissions and projected
25 or actual adjusted gross gaming receipts.
26 (12) A description of the product or service to be

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1 supplied by an applicant for a supplier's license.
2 (b) Notwithstanding any applicable statutory provision to
3the contrary, the Board shall, on written request from any
4person, 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
15disclose 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
20information in accordance with Section 6 of the Freedom of
21Information Act.
22(Source: P.A. 101-31, eff. 6-28-19.)
23 Section 60. The Illinois Vehicle Code is amended by
24changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and 16-103
25as follows:

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1 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
2 Sec. 6-204. When court to forward license and reports.
3 (a) For the purpose of providing to the Secretary of State
4the records essential to the performance of the Secretary's
5duties under this Code to cancel, revoke or suspend the
6driver's license and privilege to drive motor vehicles of
7certain minors adjudicated truant minors in need of
8supervision, addicted, or delinquent and of persons found
9guilty of the criminal offenses or traffic violations which
10this Code recognizes as evidence relating to unfitness to
11safely operate motor vehicles, the following duties are imposed
12upon public officials:
13 (1) Whenever any person is convicted of any offense for
14 which this Code makes mandatory the cancellation or
15 revocation of the driver's license or permit of such person
16 by the Secretary of State, the judge of the court in which
17 such conviction is had shall require the surrender to the
18 clerk of the court of all driver's licenses or permits then
19 held by the person so convicted, and the clerk of the court
20 shall, within 5 days thereafter, forward the same, together
21 with a report of such conviction, to the Secretary.
22 (2) Whenever any person is convicted of any offense
23 under this Code or similar offenses under a municipal
24 ordinance, other than regulations governing standing,
25 parking or weights of vehicles, and excepting the following

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1 enumerated Sections of this Code: Sections 11-1406
2 (obstruction to driver's view or control), 11-1407
3 (improper opening of door into traffic), 11-1410 (coasting
4 on downgrade), 11-1411 (following fire apparatus),
5 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
6 vehicle which is in unsafe condition or improperly
7 equipped), 12-201(a) (daytime lights on motorcycles),
8 12-202 (clearance, identification and side marker lamps),
9 12-204 (lamp or flag on projecting load), 12-205 (failure
10 to display the safety lights required), 12-401
11 (restrictions as to tire equipment), 12-502 (mirrors),
12 12-503 (windshields must be unobstructed and equipped with
13 wipers), 12-601 (horns and warning devices), 12-602
14 (mufflers, prevention of noise or smoke), 12-603 (seat
15 safety belts), 12-702 (certain vehicles to carry flares or
16 other warning devices), 12-703 (vehicles for oiling roads
17 operated on highways), 12-710 (splash guards and
18 replacements), 13-101 (safety tests), 15-101 (size, weight
19 and load), 15-102 (width), 15-103 (height), 15-104 (name
20 and address on second division vehicles), 15-107 (length of
21 vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
22 15-112 (weights), 15-301 (weights), 15-316 (weights),
23 15-318 (weights), and also excepting the following
24 enumerated Sections of the Chicago Municipal Code:
25 Sections 27-245 (following fire apparatus), 27-254
26 (obstruction of traffic), 27-258 (driving vehicle which is

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1 in unsafe condition), 27-259 (coasting on downgrade),
2 27-264 (use of horns and signal devices), 27-265
3 (obstruction to driver's view or driver mechanism), 27-267
4 (dimming of headlights), 27-268 (unattended motor
5 vehicle), 27-272 (illegal funeral procession), 27-273
6 (funeral procession on boulevard), 27-275 (driving freight
7 hauling vehicles on boulevard), 27-276 (stopping and
8 standing of buses or taxicabs), 27-277 (cruising of public
9 passenger vehicles), 27-305 (parallel parking), 27-306
10 (diagonal parking), 27-307 (parking not to obstruct
11 traffic), 27-308 (stopping, standing or parking
12 regulated), 27-311 (parking regulations), 27-312 (parking
13 regulations), 27-313 (parking regulations), 27-314
14 (parking regulations), 27-315 (parking regulations),
15 27-316 (parking regulations), 27-317 (parking
16 regulations), 27-318 (parking regulations), 27-319
17 (parking regulations), 27-320 (parking regulations),
18 27-321 (parking regulations), 27-322 (parking
19 regulations), 27-324 (loading and unloading at an angle),
20 27-333 (wheel and axle loads), 27-334 (load restrictions in
21 the downtown district), 27-335 (load restrictions in
22 residential areas), 27-338 (width of vehicles), 27-339
23 (height of vehicles), 27-340 (length of vehicles), 27-352
24 (reflectors on trailers), 27-353 (mufflers), 27-354
25 (display of plates), 27-355 (display of city vehicle tax
26 sticker), 27-357 (identification of vehicles), 27-358

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1 (projecting of loads), and also excepting the following
2 enumerated paragraphs of Section 2-201 of the Rules and
3 Regulations of the Illinois State Toll Highway Authority:
4 (l) (driving unsafe vehicle on tollway), (m) (vehicles
5 transporting dangerous cargo not properly indicated), it
6 shall be the duty of the clerk of the court in which such
7 conviction is had within 5 days thereafter to forward to
8 the Secretary of State a report of the conviction and the
9 court may recommend the suspension of the driver's license
10 or permit of the person so convicted.
11 The reporting requirements of this subsection shall
12 apply to all violations stated in paragraphs (1) and (2) of
13 this subsection when the individual has been adjudicated
14 under the Juvenile Court Act or the Juvenile Court Act of
15 1987. Such reporting requirements shall also apply to
16 individuals adjudicated under the Juvenile Court Act or the
17 Juvenile Court Act of 1987 who have committed a violation
18 of Section 11-501 of this Code, or similar provision of a
19 local ordinance, or Section 9-3 of the Criminal Code of
20 1961 or the Criminal Code of 2012, relating to the offense
21 of reckless homicide, or Section 5-7 of the Snowmobile
22 Registration and Safety Act or Section 5-16 of the Boat
23 Registration and Safety Act, relating to the offense of
24 operating a snowmobile or a watercraft while under the
25 influence of alcohol, other drug or drugs, intoxicating
26 compound or compounds, or combination thereof. These

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1 reporting requirements also apply to individuals
2 adjudicated under the Juvenile Court Act of 1987 based on
3 any offense determined to have been committed in
4 furtherance of the criminal activities of an organized
5 gang, as provided in Section 5-710 of that Act, and that
6 involved the operation or use of a motor vehicle or the use
7 of a driver's license or permit. The reporting requirements
8 of this subsection shall also apply to a truant minor in
9 need of supervision, an addicted minor, or a delinquent
10 minor and whose driver's license and privilege to drive a
11 motor vehicle has been ordered suspended for such times as
12 determined by the court, but only until he or she attains
13 18 years of age. It shall be the duty of the clerk of the
14 court in which adjudication is had within 5 days thereafter
15 to forward to the Secretary of State a report of the
16 adjudication and the court order requiring the Secretary of
17 State to suspend the minor's driver's license and driving
18 privilege for such time as determined by the court, but
19 only until he or she attains the age of 18 years. All
20 juvenile court dispositions reported to the Secretary of
21 State under this provision shall be processed by the
22 Secretary of State as if the cases had been adjudicated in
23 traffic or criminal court. However, information reported
24 relative to the offense of reckless homicide, or Section
25 11-501 of this Code, or a similar provision of a local
26 ordinance, shall be privileged and available only to the

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1 Secretary of State, courts, and police officers.
2 The reporting requirements of this subsection (a)
3 apply to all violations listed in paragraphs (1) and (2) of
4 this subsection (a), excluding parking violations, when
5 the driver holds a CLP or CDL, regardless of the type of
6 vehicle in which the violation occurred, or when any driver
7 committed the violation in a commercial motor vehicle as
8 defined in Section 6-500 of this Code.
9 (3) Whenever an order is entered vacating the
10 conditions of pretrial release forfeiture of any bail,
11 security or bond given to secure appearance for any offense
12 under this Code or similar offenses under municipal
13 ordinance, it shall be the duty of the clerk of the court
14 in which such vacation was had or the judge of such court
15 if such court has no clerk, within 5 days thereafter to
16 forward to the Secretary of State a report of the vacation.
17 (4) A report of any disposition of court supervision
18 for a violation of Sections 6-303, 11-401, 11-501 or a
19 similar provision of a local ordinance, 11-503, 11-504, and
20 11-506 of this Code, Section 5-7 of the Snowmobile
21 Registration and Safety Act, and Section 5-16 of the Boat
22 Registration and Safety Act shall be forwarded to the
23 Secretary of State. A report of any disposition of court
24 supervision for a violation of an offense defined as a
25 serious traffic violation in this Code or a similar
26 provision of a local ordinance committed by a person under

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1 the age of 21 years shall be forwarded to the Secretary of
2 State.
3 (5) Reports of conviction under this Code and
4 sentencing hearings under the Juvenile Court Act of 1987 in
5 an electronic format or a computer processible medium shall
6 be forwarded to the Secretary of State via the Supreme
7 Court in the form and format required by the Illinois
8 Supreme Court and established by a written agreement
9 between the Supreme Court and the Secretary of State. In
10 counties with a population over 300,000, instead of
11 forwarding reports to the Supreme Court, reports of
12 conviction under this Code and sentencing hearings under
13 the Juvenile Court Act of 1987 in an electronic format or a
14 computer processible medium may be forwarded to the
15 Secretary of State by the Circuit Court Clerk in a form and
16 format required by the Secretary of State and established
17 by written agreement between the Circuit Court Clerk and
18 the Secretary of State. Failure to forward the reports of
19 conviction or sentencing hearing under the Juvenile Court
20 Act of 1987 as required by this Section shall be deemed an
21 omission of duty and it shall be the duty of the several
22 State's Attorneys to enforce the requirements of this
23 Section.
24 (b) Whenever a restricted driving permit is forwarded to a
25court, as a result of confiscation by a police officer pursuant
26to the authority in Section 6-113(f), it shall be the duty of

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1the clerk, or judge, if the court has no clerk, to forward such
2restricted driving permit and a facsimile of the officer's
3citation to the Secretary of State as expeditiously as
4practicable.
5 (c) For the purposes of this Code, a violation of the
6conditions of pretrial release forfeiture of bail or collateral
7deposited to secure a defendant's appearance in court when the
8conditions of pretrial release have forfeiture has not been
9vacated, or the failure of a defendant to appear for trial
10after depositing his driver's license in lieu of other bail,
11shall be equivalent to a conviction.
12 (d) For the purpose of providing the Secretary of State
13with records necessary to properly monitor and assess driver
14performance and assist the courts in the proper disposition of
15repeat traffic law offenders, the clerk of the court shall
16forward to the Secretary of State, on a form prescribed by the
17Secretary, records of a driver's participation in a driver
18remedial or rehabilitative program which was required, through
19a court order or court supervision, in relation to the driver's
20arrest for a violation of Section 11-501 of this Code or a
21similar provision of a local ordinance. The clerk of the court
22shall also forward to the Secretary, either on paper or in an
23electronic format or a computer processible medium as required
24under paragraph (5) of subsection (a) of this Section, any
25disposition of court supervision for any traffic violation,
26excluding those offenses listed in paragraph (2) of subsection

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1(a) of this Section. These reports shall be sent within 5 days
2after disposition, or, if the driver is referred to a driver
3remedial or rehabilitative program, within 5 days of the
4driver's referral to that program. These reports received by
5the Secretary of State, including those required to be
6forwarded under paragraph (a)(4), shall be privileged
7information, available only (i) to the affected driver, (ii) to
8the parent or guardian of a person under the age of 18 years
9holding an instruction permit or a graduated driver's license,
10and (iii) for use by the courts, police officers, prosecuting
11authorities, the Secretary of State, and the driver licensing
12administrator of any other state. In accordance with 49 C.F.R.
13Part 384, all reports of court supervision, except violations
14related to parking, shall be forwarded to the Secretary of
15State for all holders of a CLP or CDL or any driver who commits
16an offense while driving a commercial motor vehicle. These
17reports shall be recorded to the driver's record as a
18conviction for use in the disqualification of the driver's
19commercial motor vehicle privileges and shall not be privileged
20information.
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
24101-470)
25 Sec. 6-206. Discretionary authority to suspend or revoke

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1license or permit; right to a hearing.
2 (a) The Secretary of State is authorized to suspend or
3revoke the driving privileges of any person without preliminary
4hearing upon a showing of the person's records or other
5sufficient evidence that the person:
6 1. Has committed an offense for which mandatory
7 revocation of a driver's license or permit is required upon
8 conviction;
9 2. Has been convicted of not less than 3 offenses
10 against traffic regulations governing the movement of
11 vehicles committed within any 12 month period. No
12 revocation or suspension shall be entered more than 6
13 months after the date of last conviction;
14 3. Has been repeatedly involved as a driver in motor
15 vehicle collisions or has been repeatedly convicted of
16 offenses against laws and ordinances regulating the
17 movement of traffic, to a degree that indicates lack of
18 ability to exercise ordinary and reasonable care in the
19 safe operation of a motor vehicle or disrespect for the
20 traffic laws and the safety of other persons upon the
21 highway;
22 4. Has by the unlawful operation of a motor vehicle
23 caused or contributed to an accident resulting in injury
24 requiring immediate professional treatment in a medical
25 facility or doctor's office to any person, except that any
26 suspension or revocation imposed by the Secretary of State

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1 under the provisions of this subsection shall start no
2 later than 6 months after being convicted of violating a
3 law or ordinance regulating the movement of traffic, which
4 violation is related to the accident, or shall start not
5 more than one year after the date of the accident,
6 whichever date occurs later;
7 5. Has permitted an unlawful or fraudulent use of a
8 driver's license, identification card, or permit;
9 6. Has been lawfully convicted of an offense or
10 offenses in another state, including the authorization
11 contained in Section 6-203.1, which if committed within
12 this State would be grounds for suspension or revocation;
13 7. Has refused or failed to submit to an examination
14 provided for by Section 6-207 or has failed to pass the
15 examination;
16 8. Is ineligible for a driver's license or permit under
17 the provisions of Section 6-103;
18 9. Has made a false statement or knowingly concealed a
19 material fact or has used false information or
20 identification in any application for a license,
21 identification card, or permit;
22 10. Has possessed, displayed, or attempted to
23 fraudulently use any license, identification card, or
24 permit not issued to the person;
25 11. Has operated a motor vehicle upon a highway of this
26 State when the person's driving privilege or privilege to

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1 obtain a driver's license or permit was revoked or
2 suspended unless the operation was authorized by a
3 monitoring device driving permit, judicial driving permit
4 issued prior to January 1, 2009, probationary license to
5 drive, or a restricted driving permit issued under this
6 Code;
7 12. Has submitted to any portion of the application
8 process for another person or has obtained the services of
9 another person to submit to any portion of the application
10 process for the purpose of obtaining a license,
11 identification card, or permit for some other person;
12 13. Has operated a motor vehicle upon a highway of this
13 State when the person's driver's license or permit was
14 invalid under the provisions of Sections 6-107.1 and 6-110;
15 14. Has committed a violation of Section 6-301,
16 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
17 14B of the Illinois Identification Card Act;
18 15. Has been convicted of violating Section 21-2 of the
19 Criminal Code of 1961 or the Criminal Code of 2012 relating
20 to criminal trespass to vehicles in which case, the
21 suspension shall be for one year;
22 16. Has been convicted of violating Section 11-204 of
23 this Code relating to fleeing from a peace officer;
24 17. Has refused to submit to a test, or tests, as
25 required under Section 11-501.1 of this Code and the person
26 has not sought a hearing as provided for in Section

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1 11-501.1;
2 18. Has, since issuance of a driver's license or
3 permit, been adjudged to be afflicted with or suffering
4 from any mental disability or disease;
5 19. Has committed a violation of paragraph (a) or (b)
6 of Section 6-101 relating to driving without a driver's
7 license;
8 20. Has been convicted of violating Section 6-104
9 relating to classification of driver's license;
10 21. Has been convicted of violating Section 11-402 of
11 this Code relating to leaving the scene of an accident
12 resulting in damage to a vehicle in excess of $1,000, in
13 which case the suspension shall be for one year;
14 22. Has used a motor vehicle in violating paragraph
15 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
16 the Criminal Code of 1961 or the Criminal Code of 2012
17 relating to unlawful use of weapons, in which case the
18 suspension shall be for one year;
19 23. Has, as a driver, been convicted of committing a
20 violation of paragraph (a) of Section 11-502 of this Code
21 for a second or subsequent time within one year of a
22 similar violation;
23 24. Has been convicted by a court-martial or punished
24 by non-judicial punishment by military authorities of the
25 United States at a military installation in Illinois or in
26 another state of or for a traffic related offense that is

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1 the same as or similar to an offense specified under
2 Section 6-205 or 6-206 of this Code;
3 25. Has permitted any form of identification to be used
4 by another in the application process in order to obtain or
5 attempt to obtain a license, identification card, or
6 permit;
7 26. Has altered or attempted to alter a license or has
8 possessed an altered license, identification card, or
9 permit;
10 27. Has violated Section 6-16 of the Liquor Control Act
11 of 1934;
12 28. Has been convicted for a first time of the illegal
13 possession, while operating or in actual physical control,
14 as a driver, of a motor vehicle, of any controlled
15 substance prohibited under the Illinois Controlled
16 Substances Act, any cannabis prohibited under the Cannabis
17 Control Act, or any methamphetamine prohibited under the
18 Methamphetamine Control and Community Protection Act, in
19 which case the person's driving privileges shall be
20 suspended for one year. Any defendant found guilty of this
21 offense while operating a motor vehicle, shall have an
22 entry made in the court record by the presiding judge that
23 this offense did occur while the defendant was operating a
24 motor vehicle and order the clerk of the court to report
25 the violation to the Secretary of State;
26 29. Has been convicted of the following offenses that

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1 were committed while the person was operating or in actual
2 physical control, as a driver, of a motor vehicle: criminal
3 sexual assault, predatory criminal sexual assault of a
4 child, aggravated criminal sexual assault, criminal sexual
5 abuse, aggravated criminal sexual abuse, juvenile pimping,
6 soliciting for a juvenile prostitute, promoting juvenile
7 prostitution as described in subdivision (a)(1), (a)(2),
8 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
9 or the Criminal Code of 2012, and the manufacture, sale or
10 delivery of controlled substances or instruments used for
11 illegal drug use or abuse in which case the driver's
12 driving privileges shall be suspended for one year;
13 30. Has been convicted a second or subsequent time for
14 any combination of the offenses named in paragraph 29 of
15 this subsection, in which case the person's driving
16 privileges shall be suspended for 5 years;
17 31. Has refused to submit to a test as required by
18 Section 11-501.6 of this Code or Section 5-16c of the Boat
19 Registration and Safety Act or has submitted to a test
20 resulting in an alcohol concentration of 0.08 or more or
21 any amount of a drug, substance, or compound resulting from
22 the unlawful use or consumption of cannabis as listed in
23 the Cannabis Control Act, a controlled substance as listed
24 in the Illinois Controlled Substances Act, an intoxicating
25 compound as listed in the Use of Intoxicating Compounds
26 Act, or methamphetamine as listed in the Methamphetamine

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1 Control and Community Protection Act, in which case the
2 penalty shall be as prescribed in Section 6-208.1;
3 32. Has been convicted of Section 24-1.2 of the
4 Criminal Code of 1961 or the Criminal Code of 2012 relating
5 to the aggravated discharge of a firearm if the offender
6 was located in a motor vehicle at the time the firearm was
7 discharged, in which case the suspension shall be for 3
8 years;
9 33. Has as a driver, who was less than 21 years of age
10 on the date of the offense, been convicted a first time of
11 a violation of paragraph (a) of Section 11-502 of this Code
12 or a similar provision of a local ordinance;
13 34. Has committed a violation of Section 11-1301.5 of
14 this Code or a similar provision of a local ordinance;
15 35. Has committed a violation of Section 11-1301.6 of
16 this Code or a similar provision of a local ordinance;
17 36. Is under the age of 21 years at the time of arrest
18 and has been convicted of not less than 2 offenses against
19 traffic regulations governing the movement of vehicles
20 committed within any 24 month period. No revocation or
21 suspension shall be entered more than 6 months after the
22 date of last conviction;
23 37. Has committed a violation of subsection (c) of
24 Section 11-907 of this Code that resulted in damage to the
25 property of another or the death or injury of another;
26 38. Has been convicted of a violation of Section 6-20

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1 of the Liquor Control Act of 1934 or a similar provision of
2 a local ordinance;
3 39. Has committed a second or subsequent violation of
4 Section 11-1201 of this Code;
5 40. Has committed a violation of subsection (a-1) of
6 Section 11-908 of this Code;
7 41. Has committed a second or subsequent violation of
8 Section 11-605.1 of this Code, a similar provision of a
9 local ordinance, or a similar violation in any other state
10 within 2 years of the date of the previous violation, in
11 which case the suspension shall be for 90 days;
12 42. Has committed a violation of subsection (a-1) of
13 Section 11-1301.3 of this Code or a similar provision of a
14 local ordinance;
15 43. Has received a disposition of court supervision for
16 a violation of subsection (a), (d), or (e) of Section 6-20
17 of the Liquor Control Act of 1934 or a similar provision of
18 a local ordinance, in which case the suspension shall be
19 for a period of 3 months;
20 44. Is under the age of 21 years at the time of arrest
21 and has been convicted of an offense against traffic
22 regulations governing the movement of vehicles after
23 having previously had his or her driving privileges
24 suspended or revoked pursuant to subparagraph 36 of this
25 Section;
26 45. Has, in connection with or during the course of a

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1 formal hearing conducted under Section 2-118 of this Code:
2 (i) committed perjury; (ii) submitted fraudulent or
3 falsified documents; (iii) submitted documents that have
4 been materially altered; or (iv) submitted, as his or her
5 own, documents that were in fact prepared or composed for
6 another person;
7 46. Has committed a violation of subsection (j) of
8 Section 3-413 of this Code;
9 47. Has committed a violation of Section 11-502.1 of
10 this Code; or
11 48. Has submitted a falsified or altered medical
12 examiner's certificate to the Secretary of State or
13 provided false information to obtain a medical examiner's
14 certificate.
15 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
16and 27 of this subsection, license means any driver's license,
17any traffic ticket issued when the person's driver's license is
18deposited in lieu of bail, a suspension notice issued by the
19Secretary of State, a duplicate or corrected driver's license,
20a probationary driver's license or a temporary driver's
21license.
22 (b) If any conviction forming the basis of a suspension or
23revocation authorized under this Section is appealed, the
24Secretary of State may rescind or withhold the entry of the
25order of suspension or revocation, as the case may be, provided
26that a certified copy of a stay order of a court is filed with

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1the Secretary of State. If the conviction is affirmed on
2appeal, the date of the conviction shall relate back to the
3time the original judgment of conviction was entered and the 6
4month limitation prescribed shall not apply.
5 (c) 1. Upon suspending or revoking the driver's license or
6permit of any person as authorized in this Section, the
7Secretary of State shall immediately notify the person in
8writing of the revocation or suspension. The notice to be
9deposited in the United States mail, postage prepaid, to the
10last known address of the person.
11 2. If the Secretary of State suspends the driver's license
12of a person under subsection 2 of paragraph (a) of this
13Section, a person's privilege to operate a vehicle as an
14occupation shall not be suspended, provided an affidavit is
15properly completed, the appropriate fee received, and a permit
16issued prior to the effective date of the suspension, unless 5
17offenses were committed, at least 2 of which occurred while
18operating a commercial vehicle in connection with the driver's
19regular occupation. All other driving privileges shall be
20suspended by the Secretary of State. Any driver prior to
21operating a vehicle for occupational purposes only must submit
22the affidavit on forms to be provided by the Secretary of State
23setting forth the facts of the person's occupation. The
24affidavit shall also state the number of offenses committed
25while operating a vehicle in connection with the driver's
26regular occupation. The affidavit shall be accompanied by the

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1driver's license. Upon receipt of a properly completed
2affidavit, the Secretary of State shall issue the driver a
3permit to operate a vehicle in connection with the driver's
4regular occupation only. Unless the permit is issued by the
5Secretary of State prior to the date of suspension, the
6privilege to drive any motor vehicle shall be suspended as set
7forth in the notice that was mailed under this Section. If an
8affidavit is received subsequent to the effective date of this
9suspension, a permit may be issued for the remainder of the
10suspension period.
11 The provisions of this subparagraph shall not apply to any
12driver required to possess a CDL for the purpose of operating a
13commercial motor vehicle.
14 Any person who falsely states any fact in the affidavit
15required herein shall be guilty of perjury under Section 6-302
16and upon conviction thereof shall have all driving privileges
17revoked without further rights.
18 3. At the conclusion of a hearing under Section 2-118 of
19this Code, the Secretary of State shall either rescind or
20continue an order of revocation or shall substitute an order of
21suspension; or, good cause appearing therefor, rescind,
22continue, change, or extend the order of suspension. If the
23Secretary of State does not rescind the order, the Secretary
24may upon application, to relieve undue hardship (as defined by
25the rules of the Secretary of State), issue a restricted
26driving permit granting the privilege of driving a motor

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1vehicle between the petitioner's residence and petitioner's
2place of employment or within the scope of the petitioner's
3employment related duties, or to allow the petitioner to
4transport himself or herself, or a family member of the
5petitioner's household to a medical facility, to receive
6necessary medical care, to allow the petitioner to transport
7himself or herself to and from alcohol or drug remedial or
8rehabilitative activity recommended by a licensed service
9provider, or to allow the petitioner to transport himself or
10herself or a family member of the petitioner's household to
11classes, as a student, at an accredited educational
12institution, or to allow the petitioner to transport children,
13elderly persons, or persons with disabilities who do not hold
14driving privileges and are living in the petitioner's household
15to and from daycare. The petitioner must demonstrate that no
16alternative means of transportation is reasonably available
17and that the petitioner will not endanger the public safety or
18welfare.
19 (A) If a person's license or permit is revoked or
20 suspended due to 2 or more convictions of violating Section
21 11-501 of this Code or a similar provision of a local
22 ordinance or a similar out-of-state offense, or Section 9-3
23 of the Criminal Code of 1961 or the Criminal Code of 2012,
24 where the use of alcohol or other drugs is recited as an
25 element of the offense, or a similar out-of-state offense,
26 or a combination of these offenses, arising out of separate

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1 occurrences, that person, if issued a restricted driving
2 permit, may not operate a vehicle unless it has been
3 equipped with an ignition interlock device as defined in
4 Section 1-129.1.
5 (B) If a person's license or permit is revoked or
6 suspended 2 or more times due to any combination of:
7 (i) a single conviction of violating Section
8 11-501 of this Code or a similar provision of a local
9 ordinance or a similar out-of-state offense or Section
10 9-3 of the Criminal Code of 1961 or the Criminal Code
11 of 2012, where the use of alcohol or other drugs is
12 recited as an element of the offense, or a similar
13 out-of-state offense; or
14 (ii) a statutory summary suspension or revocation
15 under Section 11-501.1; or
16 (iii) a suspension under Section 6-203.1;
17 arising out of separate occurrences; that person, if issued
18 a restricted driving permit, may not operate a vehicle
19 unless it has been equipped with an ignition interlock
20 device as defined in Section 1-129.1.
21 (B-5) If a person's license or permit is revoked or
22 suspended due to a conviction for a violation of
23 subparagraph (C) or (F) of paragraph (1) of subsection (d)
24 of Section 11-501 of this Code, or a similar provision of a
25 local ordinance or similar out-of-state offense, that
26 person, if issued a restricted driving permit, may not

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1 operate a vehicle unless it has been equipped with an
2 ignition interlock device as defined in Section 1-129.1.
3 (C) The person issued a permit conditioned upon the use
4 of an ignition interlock device must pay to the Secretary
5 of State DUI Administration Fund an amount not to exceed
6 $30 per month. The Secretary shall establish by rule the
7 amount and the procedures, terms, and conditions relating
8 to these fees.
9 (D) If the restricted driving permit is issued for
10 employment purposes, then the prohibition against
11 operating a motor vehicle that is not equipped with an
12 ignition interlock device does not apply to the operation
13 of an occupational vehicle owned or leased by that person's
14 employer when used solely for employment purposes. For any
15 person who, within a 5-year period, is convicted of a
16 second or subsequent offense under Section 11-501 of this
17 Code, or a similar provision of a local ordinance or
18 similar out-of-state offense, this employment exemption
19 does not apply until either a one-year period has elapsed
20 during which that person had his or her driving privileges
21 revoked or a one-year period has elapsed during which that
22 person had a restricted driving permit which required the
23 use of an ignition interlock device on every motor vehicle
24 owned or operated by that person.
25 (E) In each case the Secretary may issue a restricted
26 driving permit for a period deemed appropriate, except that

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1 all permits shall expire no later than 2 years from the
2 date of issuance. A restricted driving permit issued under
3 this Section shall be subject to cancellation, revocation,
4 and suspension by the Secretary of State in like manner and
5 for like cause as a driver's license issued under this Code
6 may be cancelled, revoked, or suspended; except that a
7 conviction upon one or more offenses against laws or
8 ordinances regulating the movement of traffic shall be
9 deemed sufficient cause for the revocation, suspension, or
10 cancellation of a restricted driving permit. The Secretary
11 of State may, as a condition to the issuance of a
12 restricted driving permit, require the applicant to
13 participate in a designated driver remedial or
14 rehabilitative program. The Secretary of State is
15 authorized to cancel a restricted driving permit if the
16 permit holder does not successfully complete the program.
17 (F) A person subject to the provisions of paragraph 4
18 of subsection (b) of Section 6-208 of this Code may make
19 application for a restricted driving permit at a hearing
20 conducted under Section 2-118 of this Code after the
21 expiration of 5 years from the effective date of the most
22 recent revocation or after 5 years from the date of release
23 from a period of imprisonment resulting from a conviction
24 of the most recent offense, whichever is later, provided
25 the person, in addition to all other requirements of the
26 Secretary, shows by clear and convincing evidence:

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1 (i) a minimum of 3 years of uninterrupted
2 abstinence from alcohol and the unlawful use or
3 consumption of cannabis under the Cannabis Control
4 Act, a controlled substance under the Illinois
5 Controlled Substances Act, an intoxicating compound
6 under the Use of Intoxicating Compounds Act, or
7 methamphetamine under the Methamphetamine Control and
8 Community Protection Act; and
9 (ii) the successful completion of any
10 rehabilitative treatment and involvement in any
11 ongoing rehabilitative activity that may be
12 recommended by a properly licensed service provider
13 according to an assessment of the person's alcohol or
14 drug use under Section 11-501.01 of this Code.
15 In determining whether an applicant is eligible for a
16 restricted driving permit under this subparagraph (F), the
17 Secretary may consider any relevant evidence, including,
18 but not limited to, testimony, affidavits, records, and the
19 results of regular alcohol or drug tests. Persons subject
20 to the provisions of paragraph 4 of subsection (b) of
21 Section 6-208 of this Code and who have been convicted of
22 more than one violation of paragraph (3), paragraph (4), or
23 paragraph (5) of subsection (a) of Section 11-501 of this
24 Code shall not be eligible to apply for a restricted
25 driving permit under this subparagraph (F).
26 A restricted driving permit issued under this

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1 subparagraph (F) shall provide that the holder may only
2 operate motor vehicles equipped with an ignition interlock
3 device as required under paragraph (2) of subsection (c) of
4 Section 6-205 of this Code and subparagraph (A) of
5 paragraph 3 of subsection (c) of this Section. The
6 Secretary may revoke a restricted driving permit or amend
7 the conditions of a restricted driving permit issued under
8 this subparagraph (F) if the holder operates a vehicle that
9 is not equipped with an ignition interlock device, or for
10 any other reason authorized under this Code.
11 A restricted driving permit issued under this
12 subparagraph (F) shall be revoked, and the holder barred
13 from applying for or being issued a restricted driving
14 permit in the future, if the holder is convicted of a
15 violation of Section 11-501 of this Code, a similar
16 provision of a local ordinance, or a similar offense in
17 another state.
18 (c-3) In the case of a suspension under paragraph 43 of
19subsection (a), reports received by the Secretary of State
20under this Section shall, except during the actual time the
21suspension is in effect, be privileged information and for use
22only by the courts, police officers, prosecuting authorities,
23the driver licensing administrator of any other state, the
24Secretary of State, or the parent or legal guardian of a driver
25under the age of 18. However, beginning January 1, 2008, if the
26person is a CDL holder, the suspension shall also be made

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1available to the driver licensing administrator of any other
2state, the U.S. Department of Transportation, and the affected
3driver or motor carrier or prospective motor carrier upon
4request.
5 (c-4) In the case of a suspension under paragraph 43 of
6subsection (a), the Secretary of State shall notify the person
7by mail that his or her driving privileges and driver's license
8will be suspended one month after the date of the mailing of
9the notice.
10 (c-5) The Secretary of State may, as a condition of the
11reissuance of a driver's license or permit to an applicant
12whose driver's license or permit has been suspended before he
13or she reached the age of 21 years pursuant to any of the
14provisions of this Section, require the applicant to
15participate in a driver remedial education course and be
16retested under Section 6-109 of this Code.
17 (d) This Section is subject to the provisions of the
18Drivers License Compact.
19 (e) The Secretary of State shall not issue a restricted
20driving permit to a person under the age of 16 years whose
21driving privileges have been suspended or revoked under any
22provisions of this Code.
23 (f) In accordance with 49 C.F.R. 384, the Secretary of
24State may not issue a restricted driving permit for the
25operation of a commercial motor vehicle to a person holding a
26CDL whose driving privileges have been suspended, revoked,

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1cancelled, or disqualified under any provisions of this Code.
2(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16;
399-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16;
499-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
5 (Text of Section after amendment by P.A. 101-90 and
6101-470)
7 Sec. 6-206. Discretionary authority to suspend or revoke
8license or permit; right to a hearing.
9 (a) The Secretary of State is authorized to suspend or
10revoke the driving privileges of any person without preliminary
11hearing upon a showing of the person's records or other
12sufficient evidence that the person:
13 1. Has committed an offense for which mandatory
14 revocation of a driver's license or permit is required upon
15 conviction;
16 2. Has been convicted of not less than 3 offenses
17 against traffic regulations governing the movement of
18 vehicles committed within any 12 month period. No
19 revocation or suspension shall be entered more than 6
20 months after the date of last conviction;
21 3. Has been repeatedly involved as a driver in motor
22 vehicle collisions or has been repeatedly convicted of
23 offenses against laws and ordinances regulating the
24 movement of traffic, to a degree that indicates lack of
25 ability to exercise ordinary and reasonable care in the

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1 safe operation of a motor vehicle or disrespect for the
2 traffic laws and the safety of other persons upon the
3 highway;
4 4. Has by the unlawful operation of a motor vehicle
5 caused or contributed to an accident resulting in injury
6 requiring immediate professional treatment in a medical
7 facility or doctor's office to any person, except that any
8 suspension or revocation imposed by the Secretary of State
9 under the provisions of this subsection shall start no
10 later than 6 months after being convicted of violating a
11 law or ordinance regulating the movement of traffic, which
12 violation is related to the accident, or shall start not
13 more than one year after the date of the accident,
14 whichever date occurs later;
15 5. Has permitted an unlawful or fraudulent use of a
16 driver's license, identification card, or permit;
17 6. Has been lawfully convicted of an offense or
18 offenses in another state, including the authorization
19 contained in Section 6-203.1, which if committed within
20 this State would be grounds for suspension or revocation;
21 7. Has refused or failed to submit to an examination
22 provided for by Section 6-207 or has failed to pass the
23 examination;
24 8. Is ineligible for a driver's license or permit under
25 the provisions of Section 6-103;
26 9. Has made a false statement or knowingly concealed a

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1 material fact or has used false information or
2 identification in any application for a license,
3 identification card, or permit;
4 10. Has possessed, displayed, or attempted to
5 fraudulently use any license, identification card, or
6 permit not issued to the person;
7 11. Has operated a motor vehicle upon a highway of this
8 State when the person's driving privilege or privilege to
9 obtain a driver's license or permit was revoked or
10 suspended unless the operation was authorized by a
11 monitoring device driving permit, judicial driving permit
12 issued prior to January 1, 2009, probationary license to
13 drive, or a restricted driving permit issued under this
14 Code;
15 12. Has submitted to any portion of the application
16 process for another person or has obtained the services of
17 another person to submit to any portion of the application
18 process for the purpose of obtaining a license,
19 identification card, or permit for some other person;
20 13. Has operated a motor vehicle upon a highway of this
21 State when the person's driver's license or permit was
22 invalid under the provisions of Sections 6-107.1 and 6-110;
23 14. Has committed a violation of Section 6-301,
24 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
25 14B of the Illinois Identification Card Act;
26 15. Has been convicted of violating Section 21-2 of the

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1 Criminal Code of 1961 or the Criminal Code of 2012 relating
2 to criminal trespass to vehicles in which case, the
3 suspension shall be for one year;
4 16. Has been convicted of violating Section 11-204 of
5 this Code relating to fleeing from a peace officer;
6 17. Has refused to submit to a test, or tests, as
7 required under Section 11-501.1 of this Code and the person
8 has not sought a hearing as provided for in Section
9 11-501.1;
10 18. Has, since issuance of a driver's license or
11 permit, been adjudged to be afflicted with or suffering
12 from any mental disability or disease;
13 19. Has committed a violation of paragraph (a) or (b)
14 of Section 6-101 relating to driving without a driver's
15 license;
16 20. Has been convicted of violating Section 6-104
17 relating to classification of driver's license;
18 21. Has been convicted of violating Section 11-402 of
19 this Code relating to leaving the scene of an accident
20 resulting in damage to a vehicle in excess of $1,000, in
21 which case the suspension shall be for one year;
22 22. Has used a motor vehicle in violating paragraph
23 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
24 the Criminal Code of 1961 or the Criminal Code of 2012
25 relating to unlawful use of weapons, in which case the
26 suspension shall be for one year;

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1 23. Has, as a driver, been convicted of committing a
2 violation of paragraph (a) of Section 11-502 of this Code
3 for a second or subsequent time within one year of a
4 similar violation;
5 24. Has been convicted by a court-martial or punished
6 by non-judicial punishment by military authorities of the
7 United States at a military installation in Illinois or in
8 another state of or for a traffic related offense that is
9 the same as or similar to an offense specified under
10 Section 6-205 or 6-206 of this Code;
11 25. Has permitted any form of identification to be used
12 by another in the application process in order to obtain or
13 attempt to obtain a license, identification card, or
14 permit;
15 26. Has altered or attempted to alter a license or has
16 possessed an altered license, identification card, or
17 permit;
18 27. Has violated Section 6-16 of the Liquor Control Act
19 of 1934;
20 28. Has been convicted for a first time of the illegal
21 possession, while operating or in actual physical control,
22 as a driver, of a motor vehicle, of any controlled
23 substance prohibited under the Illinois Controlled
24 Substances Act, any cannabis prohibited under the Cannabis
25 Control Act, or any methamphetamine prohibited under the
26 Methamphetamine Control and Community Protection Act, in

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1 which case the person's driving privileges shall be
2 suspended for one year. Any defendant found guilty of this
3 offense while operating a motor vehicle, shall have an
4 entry made in the court record by the presiding judge that
5 this offense did occur while the defendant was operating a
6 motor vehicle and order the clerk of the court to report
7 the violation to the Secretary of State;
8 29. Has been convicted of the following offenses that
9 were committed while the person was operating or in actual
10 physical control, as a driver, of a motor vehicle: criminal
11 sexual assault, predatory criminal sexual assault of a
12 child, aggravated criminal sexual assault, criminal sexual
13 abuse, aggravated criminal sexual abuse, juvenile pimping,
14 soliciting for a juvenile prostitute, promoting juvenile
15 prostitution as described in subdivision (a)(1), (a)(2),
16 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
17 or the Criminal Code of 2012, and the manufacture, sale or
18 delivery of controlled substances or instruments used for
19 illegal drug use or abuse in which case the driver's
20 driving privileges shall be suspended for one year;
21 30. Has been convicted a second or subsequent time for
22 any combination of the offenses named in paragraph 29 of
23 this subsection, in which case the person's driving
24 privileges shall be suspended for 5 years;
25 31. Has refused to submit to a test as required by
26 Section 11-501.6 of this Code or Section 5-16c of the Boat

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1 Registration and Safety Act or has submitted to a test
2 resulting in an alcohol concentration of 0.08 or more or
3 any amount of a drug, substance, or compound resulting from
4 the unlawful use or consumption of cannabis as listed in
5 the Cannabis Control Act, a controlled substance as listed
6 in the Illinois Controlled Substances Act, an intoxicating
7 compound as listed in the Use of Intoxicating Compounds
8 Act, or methamphetamine as listed in the Methamphetamine
9 Control and Community Protection Act, in which case the
10 penalty shall be as prescribed in Section 6-208.1;
11 32. Has been convicted of Section 24-1.2 of the
12 Criminal Code of 1961 or the Criminal Code of 2012 relating
13 to the aggravated discharge of a firearm if the offender
14 was located in a motor vehicle at the time the firearm was
15 discharged, in which case the suspension shall be for 3
16 years;
17 33. Has as a driver, who was less than 21 years of age
18 on the date of the offense, been convicted a first time of
19 a violation of paragraph (a) of Section 11-502 of this Code
20 or a similar provision of a local ordinance;
21 34. Has committed a violation of Section 11-1301.5 of
22 this Code or a similar provision of a local ordinance;
23 35. Has committed a violation of Section 11-1301.6 of
24 this Code or a similar provision of a local ordinance;
25 36. Is under the age of 21 years at the time of arrest
26 and has been convicted of not less than 2 offenses against

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1 traffic regulations governing the movement of vehicles
2 committed within any 24 month period. No revocation or
3 suspension shall be entered more than 6 months after the
4 date of last conviction;
5 37. Has committed a violation of subsection (c) of
6 Section 11-907 of this Code that resulted in damage to the
7 property of another or the death or injury of another;
8 38. Has been convicted of a violation of Section 6-20
9 of the Liquor Control Act of 1934 or a similar provision of
10 a local ordinance;
11 39. Has committed a second or subsequent violation of
12 Section 11-1201 of this Code;
13 40. Has committed a violation of subsection (a-1) of
14 Section 11-908 of this Code;
15 41. Has committed a second or subsequent violation of
16 Section 11-605.1 of this Code, a similar provision of a
17 local ordinance, or a similar violation in any other state
18 within 2 years of the date of the previous violation, in
19 which case the suspension shall be for 90 days;
20 42. Has committed a violation of subsection (a-1) of
21 Section 11-1301.3 of this Code or a similar provision of a
22 local ordinance;
23 43. Has received a disposition of court supervision for
24 a violation of subsection (a), (d), or (e) of Section 6-20
25 of the Liquor Control Act of 1934 or a similar provision of
26 a local ordinance, in which case the suspension shall be

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1 for a period of 3 months;
2 44. Is under the age of 21 years at the time of arrest
3 and has been convicted of an offense against traffic
4 regulations governing the movement of vehicles after
5 having previously had his or her driving privileges
6 suspended or revoked pursuant to subparagraph 36 of this
7 Section;
8 45. Has, in connection with or during the course of a
9 formal hearing conducted under Section 2-118 of this Code:
10 (i) committed perjury; (ii) submitted fraudulent or
11 falsified documents; (iii) submitted documents that have
12 been materially altered; or (iv) submitted, as his or her
13 own, documents that were in fact prepared or composed for
14 another person;
15 46. Has committed a violation of subsection (j) of
16 Section 3-413 of this Code;
17 47. Has committed a violation of Section 11-502.1 of
18 this Code;
19 48. Has submitted a falsified or altered medical
20 examiner's certificate to the Secretary of State or
21 provided false information to obtain a medical examiner's
22 certificate; or
23 49. Has committed a violation of subsection (b-5) of
24 Section 12-610.2 that resulted in great bodily harm,
25 permanent disability, or disfigurement, in which case the
26 driving privileges shall be suspended for 12 months; or .

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1 50. 49. Has been convicted of a violation of Section
2 11-1002 or 11-1002.5 that resulted in a Type A injury to
3 another, in which case the person's driving privileges
4 shall be suspended for 12 months.
5 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
6and 27 of this subsection, license means any driver's license,
7any traffic ticket issued when the person's driver's license is
8deposited in lieu of bail, a suspension notice issued by the
9Secretary of State, a duplicate or corrected driver's license,
10a probationary driver's license or a temporary driver's
11license.
12 (b) If any conviction forming the basis of a suspension or
13revocation authorized under this Section is appealed, the
14Secretary of State may rescind or withhold the entry of the
15order of suspension or revocation, as the case may be, provided
16that a certified copy of a stay order of a court is filed with
17the Secretary of State. If the conviction is affirmed on
18appeal, the date of the conviction shall relate back to the
19time the original judgment of conviction was entered and the 6
20month limitation prescribed shall not apply.
21 (c) 1. Upon suspending or revoking the driver's license or
22permit of any person as authorized in this Section, the
23Secretary of State shall immediately notify the person in
24writing of the revocation or suspension. The notice to be
25deposited in the United States mail, postage prepaid, to the
26last known address of the person.

SB4025- 87 -LRB101 20752 RLC 70439 b
1 2. If the Secretary of State suspends the driver's license
2of a person under subsection 2 of paragraph (a) of this
3Section, a person's privilege to operate a vehicle as an
4occupation shall not be suspended, provided an affidavit is
5properly completed, the appropriate fee received, and a permit
6issued prior to the effective date of the suspension, unless 5
7offenses were committed, at least 2 of which occurred while
8operating a commercial vehicle in connection with the driver's
9regular occupation. All other driving privileges shall be
10suspended by the Secretary of State. Any driver prior to
11operating a vehicle for occupational purposes only must submit
12the affidavit on forms to be provided by the Secretary of State
13setting forth the facts of the person's occupation. The
14affidavit shall also state the number of offenses committed
15while operating a vehicle in connection with the driver's
16regular occupation. The affidavit shall be accompanied by the
17driver's license. Upon receipt of a properly completed
18affidavit, the Secretary of State shall issue the driver a
19permit to operate a vehicle in connection with the driver's
20regular occupation only. Unless the permit is issued by the
21Secretary of State prior to the date of suspension, the
22privilege to drive any motor vehicle shall be suspended as set
23forth in the notice that was mailed under this Section. If an
24affidavit is received subsequent to the effective date of this
25suspension, a permit may be issued for the remainder of the
26suspension period.

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1 The provisions of this subparagraph shall not apply to any
2driver required to possess a CDL for the purpose of operating a
3commercial motor vehicle.
4 Any person who falsely states any fact in the affidavit
5required herein shall be guilty of perjury under Section 6-302
6and upon conviction thereof shall have all driving privileges
7revoked without further rights.
8 3. At the conclusion of a hearing under Section 2-118 of
9this Code, the Secretary of State shall either rescind or
10continue an order of revocation or shall substitute an order of
11suspension; or, good cause appearing therefor, rescind,
12continue, change, or extend the order of suspension. If the
13Secretary of State does not rescind the order, the Secretary
14may upon application, to relieve undue hardship (as defined by
15the rules of the Secretary of State), issue a restricted
16driving permit granting the privilege of driving a motor
17vehicle between the petitioner's residence and petitioner's
18place of employment or within the scope of the petitioner's
19employment related duties, or to allow the petitioner to
20transport himself or herself, or a family member of the
21petitioner's household to a medical facility, to receive
22necessary medical care, to allow the petitioner to transport
23himself or herself to and from alcohol or drug remedial or
24rehabilitative activity recommended by a licensed service
25provider, or to allow the petitioner to transport himself or
26herself or a family member of the petitioner's household to

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1classes, as a student, at an accredited educational
2institution, or to allow the petitioner to transport children,
3elderly persons, or persons with disabilities who do not hold
4driving privileges and are living in the petitioner's household
5to and from daycare. The petitioner must demonstrate that no
6alternative means of transportation is reasonably available
7and that the petitioner will not endanger the public safety or
8welfare.
9 (A) If a person's license or permit is revoked or
10 suspended due to 2 or more convictions of violating Section
11 11-501 of this Code or a similar provision of a local
12 ordinance or a similar out-of-state offense, or Section 9-3
13 of the Criminal Code of 1961 or the Criminal Code of 2012,
14 where the use of alcohol or other drugs is recited as an
15 element of the offense, or a similar out-of-state offense,
16 or a combination of these offenses, arising out of separate
17 occurrences, that person, if issued a restricted driving
18 permit, may not operate a vehicle unless it has been
19 equipped with an ignition interlock device as defined in
20 Section 1-129.1.
21 (B) If a person's license or permit is revoked or
22 suspended 2 or more times due to any combination of:
23 (i) a single conviction of violating Section
24 11-501 of this Code or a similar provision of a local
25 ordinance or a similar out-of-state offense or Section
26 9-3 of the Criminal Code of 1961 or the Criminal Code

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1 of 2012, where the use of alcohol or other drugs is
2 recited as an element of the offense, or a similar
3 out-of-state offense; or
4 (ii) a statutory summary suspension or revocation
5 under Section 11-501.1; or
6 (iii) a suspension under Section 6-203.1;
7 arising out of separate occurrences; that person, if issued
8 a restricted driving permit, may not operate a vehicle
9 unless it has been equipped with an ignition interlock
10 device as defined in Section 1-129.1.
11 (B-5) If a person's license or permit is revoked or
12 suspended due to a conviction for a violation of
13 subparagraph (C) or (F) of paragraph (1) of subsection (d)
14 of Section 11-501 of this Code, or a similar provision of a
15 local ordinance or similar out-of-state offense, that
16 person, if issued a restricted driving permit, may not
17 operate a vehicle unless it has been equipped with an
18 ignition interlock device as defined in Section 1-129.1.
19 (C) The person issued a permit conditioned upon the use
20 of an ignition interlock device must pay to the Secretary
21 of State DUI Administration Fund an amount not to exceed
22 $30 per month. The Secretary shall establish by rule the
23 amount and the procedures, terms, and conditions relating
24 to these fees.
25 (D) If the restricted driving permit is issued for
26 employment purposes, then the prohibition against

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

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1 of State may, as a condition to the issuance of a
2 restricted driving permit, require the applicant to
3 participate in a designated driver remedial or
4 rehabilitative program. The Secretary of State is
5 authorized to cancel a restricted driving permit if the
6 permit holder does not successfully complete the program.
7 (F) A person subject to the provisions of paragraph 4
8 of subsection (b) of Section 6-208 of this Code may make
9 application for a restricted driving permit at a hearing
10 conducted under Section 2-118 of this Code after the
11 expiration of 5 years from the effective date of the most
12 recent revocation or after 5 years from the date of release
13 from a period of imprisonment resulting from a conviction
14 of the most recent offense, whichever is later, provided
15 the person, in addition to all other requirements of the
16 Secretary, shows by clear and convincing evidence:
17 (i) a minimum of 3 years of uninterrupted
18 abstinence from alcohol and the unlawful use or
19 consumption of cannabis under the Cannabis Control
20 Act, a controlled substance under the Illinois
21 Controlled Substances Act, an intoxicating compound
22 under the Use of Intoxicating Compounds Act, or
23 methamphetamine under the Methamphetamine Control and
24 Community Protection Act; and
25 (ii) the successful completion of any
26 rehabilitative treatment and involvement in any

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.

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1 A restricted driving permit issued under this
2 subparagraph (F) shall be revoked, and the holder barred
3 from applying for or being issued a restricted driving
4 permit in the future, if the holder is convicted of a
5 violation of Section 11-501 of this Code, a similar
6 provision of a local ordinance, or a similar offense in
7 another state.
8 (c-3) In the case of a suspension under paragraph 43 of
9subsection (a), reports received by the Secretary of State
10under this Section shall, except during the actual time the
11suspension is in effect, be privileged information and for use
12only by the courts, police officers, prosecuting authorities,
13the driver licensing administrator of any other state, the
14Secretary of State, or the parent or legal guardian of a driver
15under the age of 18. However, beginning January 1, 2008, if the
16person is a CDL holder, the suspension shall also be made
17available to the driver licensing administrator of any other
18state, the U.S. Department of Transportation, and the affected
19driver or motor carrier or prospective motor carrier upon
20request.
21 (c-4) In the case of a suspension under paragraph 43 of
22subsection (a), the Secretary of State shall notify the person
23by mail that his or her driving privileges and driver's license
24will be suspended one month after the date of the mailing of
25the notice.
26 (c-5) The Secretary of State may, as a condition of the

SB4025- 95 -LRB101 20752 RLC 70439 b
1reissuance of a driver's license or permit to an applicant
2whose driver's license or permit has been suspended before he
3or she reached the age of 21 years pursuant to any of the
4provisions of this Section, require the applicant to
5participate in a driver remedial education course and be
6retested under Section 6-109 of this Code.
7 (d) This Section is subject to the provisions of the
8Drivers License Compact.
9 (e) The Secretary of State shall not issue a restricted
10driving permit to a person under the age of 16 years whose
11driving privileges have been suspended or revoked under any
12provisions of this Code.
13 (f) In accordance with 49 C.F.R. 384, the Secretary of
14State may not issue a restricted driving permit for the
15operation of a commercial motor vehicle to a person holding a
16CDL whose driving privileges have been suspended, revoked,
17cancelled, or disqualified under any provisions of this Code.
18(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
19101-470, 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
23provision of a local ordinance for which a violation is a petty
24offense as defined by Section 5-1-17 of the Unified Code of
25Corrections, excluding business offenses as defined by Section

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15-1-2 of the Unified Code of Corrections or a violation of
2Section 15-111 or subsection (d) of Section 3-401 of this Code,
3shall not be required to sign the citation or post bond to
4secure bail for his or her release. All other provisions of
5this Code or similar provisions of local ordinances shall be
6governed by the pretrial release bail provisions of the
7Illinois Supreme Court Rules when it is not practical or
8feasible to take the person before a judge to have conditions
9of pretrial release bail set or to avoid undue delay because of
10the hour or circumstances.
11 (b) Whenever a person fails to appear in court, the court
12may continue the case for a minimum of 30 days and the clerk of
13the court shall send notice of the continued court date to the
14person's last known address. If the person does not appear in
15court on or before the continued court date or satisfy the
16court that the person's appearance in and surrender to the
17court is impossible for no fault of the person, the court shall
18enter an order of failure to appear. The clerk of the court
19shall notify the Secretary of State, on a report prescribed by
20the Secretary, of the court's order. The Secretary, when
21notified by the clerk of the court that an order of failure to
22appear has been entered, shall immediately suspend the person's
23driver's license, which shall be designated by the Secretary as
24a Failure to Appear suspension. The Secretary shall not remove
25the suspension, nor issue any permit or privileges to the
26person whose license has been suspended, until notified by the

SB4025- 97 -LRB101 20752 RLC 70439 b
1ordering court that the person has appeared and resolved the
2violation. Upon compliance, the clerk of the court shall
3present the person with a notice of compliance containing the
4seal of the court, and shall notify the Secretary that the
5person has appeared and resolved the violation.
6 (c) Illinois Supreme Court Rules shall govern pretrial
7release bail and appearance procedures when a person who is a
8resident of another state that is not a member of the
9Nonresident Violator Compact of 1977 is cited for violating
10this 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.
14Notwithstanding the definitions set forth elsewhere in this
15Code, for purposes of the Uniform Commercial Driver's License
16Act (UCDLA), the words and phrases listed below have the
17meanings ascribed to them as follows:
18 (1) Alcohol. "Alcohol" means any substance containing any
19form of alcohol, including but not limited to ethanol,
20methanol, propanol, and isopropanol.
21 (2) Alcohol concentration. "Alcohol concentration" means:
22 (A) the number of grams of alcohol per 210 liters of
23 breath; or
24 (B) the number of grams of alcohol per 100 milliliters
25 of blood; or

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1 (C) the number of grams of alcohol per 67 milliliters
2 of urine.
3 Alcohol tests administered within 2 hours of the driver
4being "stopped or detained" shall be considered that driver's
5"alcohol concentration" for the purposes of enforcing this
6UCDLA.
7 (3) (Blank).
8 (4) (Blank).
9 (5) (Blank).
10 (5.3) CDLIS driver record. "CDLIS driver record" means the
11electronic record of the individual CDL driver's status and
12history stored by the State-of-Record as part of the Commercial
13Driver's License Information System, or CDLIS, established
14under 49 U.S.C. 31309.
15 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
16record" or "CDLIS MVR" means a report generated from the CDLIS
17driver record meeting the requirements for access to CDLIS
18information and provided by states to users authorized in 49
19C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
20Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
21 (5.7) Commercial driver's license downgrade. "Commercial
22driver'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
4have the same meaning as defined in Section 102 of the Illinois
5Controlled Substances Act, and shall also include cannabis as
6defined in Section 3 of the Cannabis Control Act and
7methamphetamine as defined in Section 10 of the Methamphetamine
8Control and Community Protection Act.
9 (8) Conviction. "Conviction" means an unvacated
10adjudication of guilt or a determination that a person has
11violated or failed to comply with the law in a court of
12original jurisdiction or by an authorized administrative
13tribunal; an unvacated revocation of pretrial release
14forfeiture of bail or collateral deposited to secure the
15person's appearance in court; a plea of guilty or nolo
16contendere accepted by the court; the payment of a fine or
17court cost regardless of whether the imposition of sentence is
18deferred and ultimately a judgment dismissing the underlying
19charge is entered; or a violation of a condition of pretrial
20release without bail, regardless of whether or not the penalty
21is 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,
2operates, or is in physical control of a commercial motor
3vehicle, any person who is required to hold a CDL, or any
4person who is a holder of a CDL while operating a
5non-commercial motor vehicle.
6 (13.5) Driver applicant. "Driver applicant" means an
7individual who applies to a state or other jurisdiction to
8obtain, transfer, upgrade, or renew a CDL or to obtain or renew
9a CLP.
10 (13.8) Electronic device. "Electronic device" includes,
11but is not limited to, a cellular telephone, personal digital
12assistant, pager, computer, or any other device used to input,
13write, send, receive, or read text.
14 (14) Employee. "Employee" means a person who is employed as
15a commercial motor vehicle driver. A person who is
16self-employed as a commercial motor vehicle driver must comply
17with the requirements of this UCDLA pertaining to employees. An
18owner-operator on a long-term lease shall be considered an
19employee.
20 (15) Employer. "Employer" means a person (including the
21United States, a State or a local authority) who owns or leases
22a commercial motor vehicle or assigns employees to operate such
23a vehicle. A person who is self-employed as a commercial motor
24vehicle driver must comply with the requirements of this UCDLA.
25 (15.1) Endorsement. "Endorsement" means an authorization
26to an individual's CLP or CDL required to permit the individual

SB4025- 103 -LRB101 20752 RLC 70439 b
1to operate certain types of commercial motor vehicles.
2 (15.2) Entry-level driver training. "Entry-level driver
3training" means the training an entry-level driver receives
4from an entity listed on the Federal Motor Carrier Safety
5Administration's Training Provider Registry prior to: (i)
6taking the CDL skills test required to receive the Class A or
7Class B CDL for the first time; (ii) taking the CDL skills test
8required to upgrade to a Class A or Class B CDL; or (iii)
9taking the CDL skills test required to obtain a passenger or
10school bus endorsement for the first time or the CDL knowledge
11test required to obtain a hazardous materials endorsement for
12the first time.
13 (15.3) Excepted interstate. "Excepted interstate" means a
14person who operates or expects to operate in interstate
15commerce, but engages exclusively in transportation or
16operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
17398.3 from all or part of the qualification requirements of 49
18C.F.R. Part 391 and is not required to obtain a medical
19examiner's certificate by 49 C.F.R. 391.45.
20 (15.5) Excepted intrastate. "Excepted intrastate" means a
21person who operates in intrastate commerce but engages
22exclusively in transportation or operations excepted from all
23or parts of the state driver qualification requirements.
24 (16) (Blank).
25 (16.5) Fatality. "Fatality" means the death of a person as
26a result of a motor vehicle accident.

SB4025- 104 -LRB101 20752 RLC 70439 b
1 (16.7) Foreign commercial driver. "Foreign commercial
2driver" means a person licensed to operate a commercial motor
3vehicle by an authority outside the United States, or a citizen
4of a foreign country who operates a commercial motor vehicle in
5the United States.
6 (17) Foreign jurisdiction. "Foreign jurisdiction" means a
7sovereign jurisdiction that does not fall within the definition
8of "State".
9 (18) (Blank).
10 (19) (Blank).
11 (20) Hazardous materials. "Hazardous material" means any
12material that has been designated under 49 U.S.C. 5103 and is
13required to be placarded under subpart F of 49 C.F.R. part 172
14or any quantity of a material listed as a select agent or toxin
15in 42 C.F.R. part 73.
16 (20.5) Imminent Hazard. "Imminent hazard" means the
17existence of any condition of a vehicle, employee, or
18commercial motor vehicle operations that substantially
19increases the likelihood of serious injury or death if not
20discontinued immediately; or a condition relating to hazardous
21material that presents a substantial likelihood that death,
22serious illness, severe personal injury, or a substantial
23endangerment to health, property, or the environment may occur
24before the reasonably foreseeable completion date of a formal
25proceeding begun to lessen the risk of that death, illness,
26injury or endangerment.

SB4025- 105 -LRB101 20752 RLC 70439 b
1 (20.6) Issuance. "Issuance" means initial issuance,
2transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
3CLP or CDL.
4 (20.7) Issue. "Issue" means initial issuance, transfer,
5renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
6non-domiciled CDL.
7 (21) Long-term lease. "Long-term lease" means a lease of a
8commercial motor vehicle by the owner-lessor to a lessee, for a
9period of more than 29 days.
10 (21.01) Manual transmission. "Manual transmission" means a
11transmission utilizing a driver-operated clutch that is
12activated by a pedal or lever and a gear-shift mechanism
13operated either by hand or foot including those known as a
14stick shift, stick, straight drive, or standard transmission.
15All other transmissions, whether semi-automatic or automatic,
16shall be considered automatic for the purposes of the
17standardized restriction code.
18 (21.1) Medical examiner. "Medical examiner" means an
19individual certified by the Federal Motor Carrier Safety
20Administration and listed on the National Registry of Certified
21Medical Examiners in accordance with Federal Motor Carrier
22Safety Regulations, 49 CFR 390.101 et seq.
23 (21.2) Medical examiner's certificate. "Medical examiner's
24certificate" means either (1) prior to June 22, 2021, a
25document prescribed or approved by the Secretary of State that
26is issued by a medical examiner to a driver to medically

SB4025- 106 -LRB101 20752 RLC 70439 b
1qualify him or her to drive; or (2) beginning June 22, 2021, an
2electronic submission of results of an examination conducted by
3a medical examiner listed on the National Registry of Certified
4Medical Examiners to the Federal Motor Carrier Safety
5Administration of a driver to medically qualify him or her to
6drive.
7 (21.5) Medical variance. "Medical variance" means a driver
8has received one of the following from the Federal Motor
9Carrier Safety Administration which allows the driver to be
10issued a medical certificate: (1) an exemption letter
11permitting operation of a commercial motor vehicle pursuant to
1249 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
13skill performance evaluation (SPE) certificate permitting
14operation of a commercial motor vehicle pursuant to 49 C.F.R.
15391.49.
16 (21.7) Mobile telephone. "Mobile telephone" means a mobile
17communication device that falls under or uses any commercial
18mobile radio service, as defined in regulations of the Federal
19Communications Commission, 47 CFR 20.3. It does not include
20two-way or citizens band radio services.
21 (22) Motor Vehicle. "Motor vehicle" means every vehicle
22which is self-propelled, and every vehicle which is propelled
23by electric power obtained from over head trolley wires but not
24operated upon rails, except vehicles moved solely by human
25power and motorized wheel chairs.
26 (22.2) Motor vehicle record. "Motor vehicle record" means a

SB4025- 107 -LRB101 20752 RLC 70439 b
1report of the driving status and history of a driver generated
2from the driver record provided to users, such as drivers or
3employers, and is subject to the provisions of the Driver
4Privacy Protection Act, 18 U.S.C. 2721-2725.
5 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
6combination 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"
9means a person who operates or expects to operate in interstate
10commerce, is subject to and meets the qualification
11requirements under 49 C.F.R. Part 391, and is required to
12obtain a medical examiner's certificate by 49 C.F.R. 391.45.
13 (22.8) Non-excepted intrastate. "Non-excepted intrastate"
14means a person who operates only in intrastate commerce and is
15subject 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,
18respectively, issued by a state or other jurisdiction under
19either 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,
4while operating a commercial motor vehicle, of any of the
5following:
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
10vehicle used to transport pre-primary, primary, or secondary
11school students from home to school, from school to home, or to
12and from school-sponsored events. "School bus" does not include
13a bus used as a common carrier.
14 (26) Serious Traffic Violation. "Serious traffic
15violation" 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
20District 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
26alphanumeric text into, or reading text from, an electronic

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1device.
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
22skills test examiner" means a person employed by a third party
23tester who is authorized by the State to administer the CDL
24skills tests specified in 49 C.F.R. Part 383, subparts G and H.
25 (32.5) Third party tester. "Third party tester" means a
26person (including, but not limited to, another state, a motor

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1carrier, a private driver training facility or other private
2institution, or a department, agency, or instrumentality of a
3local government) authorized by the State to employ skills test
4examiners to administer the CDL skills tests specified in 49
5C.F.R. Part 383, subparts G and H.
6 (32.7) United States. "United States" means the 50 states
7and the District of Columbia.
8 (33) Use a hand-held mobile telephone. "Use a hand-held
9mobile 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
24the provisions of this Chapter unless such violation is by this
25Code or other law of this State declared to be a misdemeanor or

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1a felony.
2 (b) General penalties. Unless another penalty is in this
3Code or other laws of this State, every person convicted of a
4petty offense for the violation of any provision of this
5Chapter shall be punished by a fine of not more than $500.
6 (c) Unlicensed driving. Except as hereinafter provided a
7violation 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
22Section 6-303 for operating a motor vehicle during a time when
23such licensee's driver's license was suspended under the
24provisions of Section 6-306.3 or 6-308, then such act shall be
25a petty offense (provided the licensee has answered the charge
26which was the basis of the suspension under Section 6-306.3 or

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16-308), and there shall be imposed no additional like period of
2suspension as provided in paragraph (b) of Section 6-303.
3 (d) For violations of this Code or a similar provision of a
4local ordinance for which a violation is a petty offense as
5defined by Section 5-1-17 of the Unified Code of Corrections,
6excluding business offenses as defined by Section 5-1-2 of the
7Unified Code of Corrections or a violation of Section 15-111 or
8subsection (d) of Section 3-401 of this Code, if the violation
9may be satisfied without a court appearance, the violator may,
10pursuant to Supreme Court Rule, satisfy the case with a written
11plea of guilty and payment of fines, penalties, and costs as
12equal to the bail amount established by the Supreme Court for
13the offense.
14(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15;
1598-1134, 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
18committed.
19 Whenever a defendant is arrested upon a warrant charging a
20violation of this Act in a county other than that in which such
21warrant was issued, the arresting officer, immediately upon the
22request of the defendant, shall take such defendant before a
23circuit judge or associate circuit judge in the county in which
24the arrest was made who shall admit the defendant to pretrial
25release bail for his appearance before the court named in the

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1warrant. On setting the conditions of pretrial release taking
2such bail the circuit judge or associate circuit judge shall
3certify such fact on the warrant and deliver the warrant and
4conditions of pretrial release undertaking of bail or other
5security, or the drivers license of such defendant if
6deposited, under the law relating to such licenses, in lieu of
7such security, to the officer having charge of the defendant.
8Such officer shall then immediately discharge the defendant
9from arrest and without delay deliver such warrant and such
10acknowledgement by the defendant of his or her receiving the
11conditions of pretrial release undertaking of bail, or other
12security or drivers license to the court before which the
13defendant is required to appear.
14(Source: P.A. 77-1280.)
15 Section 65. The Snowmobile Registration and Safety Act is
16amended by changing Section 5-7 as follows:
17 (625 ILCS 40/5-7)
18 Sec. 5-7. Operating a snowmobile while under the influence
19of alcohol or other drug or drugs, intoxicating compound or
20compounds, or a combination of them; criminal penalties;
21suspension of operating privileges.
22 (a) A person may not operate or be in actual physical
23control of a snowmobile within this State while:
24 1. The alcohol concentration in that person's blood,

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1 other bodily substance, or breath is a concentration at
2 which driving a motor vehicle is prohibited under
3 subdivision (1) of subsection (a) of Section 11-501 of the
4 Illinois Vehicle Code;
5 2. The person is under the influence of alcohol;
6 3. The person is under the influence of any other drug
7 or combination of drugs to a degree that renders that
8 person incapable of safely operating a snowmobile;
9 3.1. The person is under the influence of any
10 intoxicating compound or combination of intoxicating
11 compounds to a degree that renders the person incapable of
12 safely operating a snowmobile;
13 4. The person is under the combined influence of
14 alcohol and any other drug or drugs or intoxicating
15 compound or compounds to a degree that renders that person
16 incapable of safely operating a snowmobile;
17 4.3. The person who is not a CDL holder has a
18 tetrahydrocannabinol concentration in the person's whole
19 blood or other bodily substance at which driving a motor
20 vehicle is prohibited under subdivision (7) of subsection
21 (a) of Section 11-501 of the Illinois Vehicle Code;
22 4.5. The person who is a CDL holder has any amount of a
23 drug, substance, or compound in the person's breath, blood,
24 other bodily substance, or urine resulting from the
25 unlawful use or consumption of cannabis listed in the
26 Cannabis Control Act; or

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1 5. There is any amount of a drug, substance, or
2 compound in that person's breath, blood, other bodily
3 substance, or urine resulting from the unlawful use or
4 consumption of a controlled substance listed in the
5 Illinois Controlled Substances Act, methamphetamine as
6 listed in the Methamphetamine Control and Community
7 Protection Act, or intoxicating compound listed in the use
8 of Intoxicating Compounds Act.
9 (b) The fact that a person charged with violating this
10Section is or has been legally entitled to use alcohol, other
11drug or drugs, any intoxicating compound or compounds, or any
12combination of them does not constitute a defense against a
13charge of violating this Section.
14 (c) Every person convicted of violating this Section or a
15similar provision of a local ordinance is guilty of a Class A
16misdemeanor, except as otherwise provided in this Section.
17 (c-1) As used in this Section, "first time offender" means
18any person who has not had a previous conviction or been
19assigned supervision for violating this Section or a similar
20provision of a local ordinance, or any person who has not had a
21suspension imposed under subsection (e) of Section 5-7.1.
22 (c-2) For purposes of this Section, the following are
23equivalent to a conviction:
24 (1) a violation of the terms of pretrial release when
25 the court has not relieved the defendant of complying with
26 the terms of pretrial release forfeiture of bail or

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1 collateral deposited to secure a defendant's appearance in
2 court when forfeiture has not been vacated; or
3 (2) the failure of a defendant to appear for trial.
4 (d) Every person convicted of violating this Section is
5guilty 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
21guilty of a Class 2 felony if the offense results in the death
22of a person. A person guilty of a Class 2 felony under this
23subsection (e), if sentenced to a term of imprisonment, shall
24be sentenced to a term of not less than 3 years and not more
25than 14 years.
26 (e-1) Every person convicted of violating this Section or a

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1similar provision of a local ordinance who had a child under
2the age of 16 on board the snowmobile at the time of offense
3shall be subject to a mandatory minimum fine of $500 and shall
4be subject to a mandatory minimum of 5 days of community
5service in a program benefiting children. The assignment under
6this subsection shall not be subject to suspension nor shall
7the person be eligible for probation in order to reduce the
8assignment.
9 (e-2) Every person found guilty of violating this Section,
10whose operation of a snowmobile while in violation of this
11Section proximately caused any incident resulting in an
12appropriate emergency response, shall be liable for the expense
13of an emergency response as provided in subsection (i) of
14Section 11-501.01 of the Illinois Vehicle Code.
15 (e-3) In addition to any other penalties and liabilities, a
16person who is found guilty of violating this Section, including
17any person placed on court supervision, shall be fined $100,
18payable to the circuit clerk, who shall distribute the money to
19the law enforcement agency that made the arrest. In the event
20that more than one agency is responsible for the arrest, the
21$100 shall be shared equally. Any moneys received by a law
22enforcement agency under this subsection (e-3) shall be used to
23purchase law enforcement equipment or to provide law
24enforcement training that will assist in the prevention of
25alcohol related criminal violence throughout the State. Law
26enforcement equipment shall include, but is not limited to,

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1in-car video cameras, radar and laser speed detection devices,
2and alcohol breath testers.
3 (f) In addition to any criminal penalties imposed, the
4Department of Natural Resources shall suspend the snowmobile
5operation privileges of a person convicted or found guilty of a
6misdemeanor under this Section for a period of one year, except
7that first-time offenders are exempt from this mandatory one
8year suspension.
9 (g) In addition to any criminal penalties imposed, the
10Department of Natural Resources shall suspend for a period of 5
11years the snowmobile operation privileges of any person
12convicted 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
15Section 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,
18penalties, or costs by credit card or debit card approved by
19the clerk from an offender who has been convicted of or placed
20on court supervision for a traffic offense, petty offense,
21ordinance offense, or misdemeanor or who has been convicted of
22a felony offense. The clerk of the circuit court may accept
23credit card payments over the Internet for fines, penalties, or
24costs from offenders on voluntary electronic pleas of guilty in

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1minor traffic and conservation offenses to satisfy the
2requirement of written pleas of guilty as provided in Illinois
3Supreme Court Rule 529. The clerk of the court may also accept
4payment of statutory fees by a credit card or debit card. The
5clerk of the court may also accept the credit card or debit
6card for the cash deposit of bail bond fees.
7 The Clerk of the circuit court is authorized to enter into
8contracts with credit card or debit card companies approved by
9the clerk and to negotiate the payment of convenience and
10administrative fees normally charged by those companies for
11allowing the clerk of the circuit court to accept their credit
12cards or debit cards in payment as authorized herein. The clerk
13of the circuit court is authorized to enter into contracts with
14third party fund guarantors, facilitators, and service
15providers under which those entities may contract directly with
16customers of the clerk of the circuit court and guarantee and
17remit the payments to the clerk of the circuit court. Where the
18offender pays fines, penalties, or costs by credit card or
19debit card or through a third party fund guarantor,
20facilitator, or service provider, or anyone paying statutory
21fees of the circuit court clerk or the posting of cash bail,
22the clerk shall collect a service fee of up to $5 or the amount
23charged to the clerk for use of its services by the credit card
24or debit card issuer, third party fund guarantor, facilitator,
25or service provider. This service fee shall be in addition to
26any other fines, penalties, or costs. The clerk of the circuit

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1court is authorized to negotiate the assessment of convenience
2and administrative fees by the third party fund guarantors,
3facilitators, and service providers with the revenue earned by
4the clerk of the circuit court to be remitted to the county
5general revenue fund.
6(Source: P.A. 95-331, eff. 8-21-07.)
7 Section 75. The Attorney Act is amended by changing Section
89 as follows:
9 (705 ILCS 205/9) (from Ch. 13, par. 9)
10 Sec. 9. All attorneys and counselors at law, judges, clerks
11and sheriffs, and all other officers of the several courts
12within this state, shall be liable to be arrested and held to
13terms of pretrial release bail, and shall be subject to the
14same legal process, and may in all respects be prosecuted and
15proceeded against in the same courts and in the same manner as
16other persons are, any law, usage or custom to the contrary
17notwithstanding: Provided, nevertheless, said judges,
18counselors or attorneys, clerks, sheriffs and other officers of
19said courts, shall be privileged from arrest while attending
20courts, 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
23changing Sections 1-7, 1-8, and 5-150 as follows:

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1 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
2 Sec. 1-7. Confidentiality of juvenile law enforcement and
3municipal ordinance violation records.
4 (A) All juvenile law enforcement records which have not
5been expunged are confidential and may never be disclosed to
6the general public or otherwise made widely available. Juvenile
7law enforcement records may be obtained only under this Section
8and Section 1-8 and Part 9 of Article V of this Act, when their
9use is needed for good cause and with an order from the
10juvenile court, as required by those not authorized to retain
11them. Inspection, copying, and disclosure of juvenile law
12enforcement records maintained by law enforcement agencies or
13records of municipal ordinance violations maintained by any
14State, local, or municipal agency that relate to a minor who
15has been investigated, arrested, or taken into custody before
16his or her 18th birthday shall be restricted to the following:
17 (0.05) The minor who is the subject of the juvenile law
18 enforcement record, his or her parents, guardian, and
19 counsel.
20 (0.10) Judges of the circuit court and members of the
21 staff of the court designated by the judge.
22 (0.15) An administrative adjudication hearing officer
23 or members of the staff designated to assist in the
24 administrative adjudication process.
25 (1) Any local, State, or federal law enforcement

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1 officers or designated law enforcement staff of any
2 jurisdiction or agency when necessary for the discharge of
3 their official duties during the investigation or
4 prosecution of a crime or relating to a minor who has been
5 adjudicated delinquent and there has been a previous
6 finding that the act which constitutes the previous offense
7 was committed in furtherance of criminal activities by a
8 criminal street gang, or, when necessary for the discharge
9 of its official duties in connection with a particular
10 investigation of the conduct of a law enforcement officer,
11 an independent agency or its staff created by ordinance and
12 charged by a unit of local government with the duty of
13 investigating the conduct of law enforcement officers. For
14 purposes of this Section, "criminal street gang" has the
15 meaning ascribed to it in Section 10 of the Illinois
16 Streetgang Terrorism Omnibus Prevention Act.
17 (2) Prosecutors, public defenders, probation officers,
18 social workers, or other individuals assigned by the court
19 to conduct a pre-adjudication or pre-disposition
20 investigation, and individuals responsible for supervising
21 or providing temporary or permanent care and custody for
22 minors under the order of the juvenile court, when
23 essential to performing their responsibilities.
24 (3) Federal, State, or local prosecutors, public
25 defenders, probation officers, and designated staff:
26 (a) in the course of a trial when institution of

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1 criminal proceedings has been permitted or required
2 under Section 5-805;
3 (b) when institution of criminal proceedings has
4 been permitted or required under Section 5-805 and the
5 minor is the subject of a proceeding to determine the
6 conditions of pretrial release amount of bail;
7 (c) when criminal proceedings have been permitted
8 or required under Section 5-805 and the minor is the
9 subject of a pre-trial investigation, pre-sentence
10 investigation, fitness hearing, or proceedings on an
11 application for probation; or
12 (d) in the course of prosecution or administrative
13 adjudication of a violation of a traffic, boating, or
14 fish and game law, or a county or municipal ordinance.
15 (4) Adult and Juvenile Prisoner Review Board.
16 (5) Authorized military personnel.
17 (5.5) Employees of the federal government authorized
18 by law.
19 (6) Persons engaged in bona fide research, with the
20 permission of the Presiding Judge and the chief executive
21 of the respective law enforcement agency; provided that
22 publication of such research results in no disclosure of a
23 minor's identity and protects the confidentiality of the
24 minor's record.
25 (7) Department of Children and Family Services child
26 protection investigators acting in their official

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1 capacity.
2 (8) The appropriate school official only if the agency
3 or officer believes that there is an imminent threat of
4 physical harm to students, school personnel, or others who
5 are present in the school or on school grounds.
6 (A) Inspection and copying shall be limited to
7 juvenile law enforcement records transmitted to the
8 appropriate school official or officials whom the
9 school has determined to have a legitimate educational
10 or safety interest by a local law enforcement agency
11 under a reciprocal reporting system established and
12 maintained between the school district and the local
13 law enforcement agency under Section 10-20.14 of the
14 School Code concerning a minor enrolled in a school
15 within the school district who has been arrested or
16 taken into custody for any of the following offenses:
17 (i) any violation of Article 24 of the Criminal
18 Code of 1961 or the Criminal Code of 2012;
19 (ii) a violation of the Illinois Controlled
20 Substances Act;
21 (iii) a violation of the Cannabis Control Act;
22 (iv) a forcible felony as defined in Section
23 2-8 of the Criminal Code of 1961 or the Criminal
24 Code of 2012;
25 (v) a violation of the Methamphetamine Control
26 and Community Protection Act;

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1 (vi) a violation of Section 1-2 of the
2 Harassing and Obscene Communications Act;
3 (vii) a violation of the Hazing Act; or
4 (viii) a violation of Section 12-1, 12-2,
5 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
6 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
7 Criminal Code of 1961 or the Criminal Code of 2012.
8 The information derived from the juvenile law
9 enforcement records shall be kept separate from and
10 shall not become a part of the official school record
11 of that child and shall not be a public record. The
12 information shall be used solely by the appropriate
13 school official or officials whom the school has
14 determined to have a legitimate educational or safety
15 interest to aid in the proper rehabilitation of the
16 child and to protect the safety of students and
17 employees in the school. If the designated law
18 enforcement and school officials deem it to be in the
19 best interest of the minor, the student may be referred
20 to in-school or community-based social services if
21 those services are available. "Rehabilitation
22 services" may include interventions by school support
23 personnel, evaluation for eligibility for special
24 education, referrals to community-based agencies such
25 as youth services, behavioral healthcare service
26 providers, drug and alcohol prevention or treatment

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1 programs, and other interventions as deemed
2 appropriate for the student.
3 (B) Any information provided to appropriate school
4 officials whom the school has determined to have a
5 legitimate educational or safety interest by local law
6 enforcement officials about a minor who is the subject
7 of a current police investigation that is directly
8 related to school safety shall consist of oral
9 information only, and not written juvenile law
10 enforcement records, and shall be used solely by the
11 appropriate school official or officials to protect
12 the safety of students and employees in the school and
13 aid in the proper rehabilitation of the child. The
14 information derived orally from the local law
15 enforcement officials shall be kept separate from and
16 shall not become a part of the official school record
17 of the child and shall not be a public record. This
18 limitation on the use of information about a minor who
19 is the subject of a current police investigation shall
20 in no way limit the use of this information by
21 prosecutors in pursuing criminal charges arising out
22 of the information disclosed during a police
23 investigation of the minor. For purposes of this
24 paragraph, "investigation" means an official
25 systematic inquiry by a law enforcement agency into
26 actual or suspected criminal activity.

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1 (9) Mental health professionals on behalf of the
2 Department of Corrections or the Department of Human
3 Services or prosecutors who are evaluating, prosecuting,
4 or investigating a potential or actual petition brought
5 under the Sexually Violent Persons Commitment Act relating
6 to a person who is the subject of juvenile law enforcement
7 records or the respondent to a petition brought under the
8 Sexually Violent Persons Commitment Act who is the subject
9 of the juvenile law enforcement records sought. Any
10 juvenile law enforcement records and any information
11 obtained from those juvenile law enforcement records under
12 this paragraph (9) may be used only in sexually violent
13 persons commitment proceedings.
14 (10) The president of a park district. Inspection and
15 copying shall be limited to juvenile law enforcement
16 records transmitted to the president of the park district
17 by the Department of State Police under Section 8-23 of the
18 Park District Code or Section 16a-5 of the Chicago Park
19 District Act concerning a person who is seeking employment
20 with that park district and who has been adjudicated a
21 juvenile delinquent for any of the offenses listed in
22 subsection (c) of Section 8-23 of the Park District Code or
23 subsection (c) of Section 16a-5 of the Chicago Park
24 District Act.
25 (11) Persons managing and designated to participate in
26 a court diversion program as designated in subsection (6)

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1 of Section 5-105.
2 (12) The Public Access Counselor of the Office of the
3 Attorney General, when reviewing juvenile law enforcement
4 records under its powers and duties under the Freedom of
5 Information Act.
6 (13) Collection agencies, contracted or otherwise
7 engaged by a governmental entity, to collect any debts due
8 and owing to the governmental entity.
9 (B)(1) Except as provided in paragraph (2), no law
10enforcement officer or other person or agency may knowingly
11transmit to the Department of Corrections, Department of State
12Police, or to the Federal Bureau of Investigation any
13fingerprint or photograph relating to a minor who has been
14arrested or taken into custody before his or her 18th birthday,
15unless the court in proceedings under this Act authorizes the
16transmission or enters an order under Section 5-805 permitting
17or requiring the institution of criminal proceedings.
18 (2) Law enforcement officers or other persons or agencies
19shall transmit to the Department of State Police copies of
20fingerprints and descriptions of all minors who have been
21arrested or taken into custody before their 18th birthday for
22the offense of unlawful use of weapons under Article 24 of the
23Criminal Code of 1961 or the Criminal Code of 2012, a Class X
24or Class 1 felony, a forcible felony as defined in Section 2-8
25of the Criminal Code of 1961 or the Criminal Code of 2012, or a
26Class 2 or greater felony under the Cannabis Control Act, the

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1Illinois Controlled Substances Act, the Methamphetamine
2Control and Community Protection Act, or Chapter 4 of the
3Illinois Vehicle Code, pursuant to Section 5 of the Criminal
4Identification Act. Information reported to the Department
5pursuant to this Section may be maintained with records that
6the Department files pursuant to Section 2.1 of the Criminal
7Identification Act. Nothing in this Act prohibits a law
8enforcement agency from fingerprinting a minor taken into
9custody or arrested before his or her 18th birthday for an
10offense other than those listed in this paragraph (2).
11 (C) The records of law enforcement officers, or of an
12independent agency created by ordinance and charged by a unit
13of local government with the duty of investigating the conduct
14of law enforcement officers, concerning all minors under 18
15years of age must be maintained separate from the records of
16arrests and may not be open to public inspection or their
17contents disclosed to the public. For purposes of obtaining
18documents under this Section, a civil subpoena is not an order
19of 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
17shall prohibit the inspection or disclosure to victims and
18witnesses of photographs contained in the records of law
19enforcement agencies when the inspection and disclosure is
20conducted in the presence of a law enforcement officer for the
21purpose of the identification or apprehension of any person
22subject to the provisions of this Act or for the investigation
23or prosecution of any crime.
24 (E) Law enforcement officers, and personnel of an
25independent agency created by ordinance and charged by a unit
26of local government with the duty of investigating the conduct

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1of law enforcement officers, may not disclose the identity of
2any minor in releasing information to the general public as to
3the arrest, investigation or disposition of any case involving
4a minor.
5 (F) Nothing contained in this Section shall prohibit law
6enforcement agencies from communicating with each other by
7letter, memorandum, teletype, or intelligence alert bulletin
8or other means the identity or other relevant information
9pertaining to a person under 18 years of age if there are
10reasonable grounds to believe that the person poses a real and
11present danger to the safety of the public or law enforcement
12officers. The information provided under this subsection (F)
13shall remain confidential and shall not be publicly disclosed,
14except as otherwise allowed by law.
15 (G) Nothing in this Section shall prohibit the right of a
16Civil Service Commission or appointing authority of any federal
17government, state, county or municipality examining the
18character and fitness of an applicant for employment with a law
19enforcement agency, correctional institution, or fire
20department from obtaining and examining the records of any law
21enforcement agency relating to any record of the applicant
22having been arrested or taken into custody before the
23applicant's 18th birthday.
24 (G-5) Information identifying victims and alleged victims
25of sex offenses shall not be disclosed or open to the public
26under any circumstances. Nothing in this Section shall prohibit

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1the victim or alleged victim of any sex offense from
2voluntarily disclosing his or her own identity.
3 (H) The changes made to this Section by Public Act 98-61
4apply to law enforcement records of a minor who has been
5arrested or taken into custody on or after January 1, 2014 (the
6effective date of Public Act 98-61).
7 (H-5) Nothing in this Section shall require any court or
8adjudicative proceeding for traffic, boating, fish and game
9law, or municipal and county ordinance violations to be closed
10to the public.
11 (I) Willful violation of this Section is a Class C
12misdemeanor and each violation is subject to a fine of $1,000.
13This subsection (I) shall not apply to the person who is the
14subject of the record.
15 (J) A person convicted of violating this Section is liable
16for damages in the amount of $1,000 or actual damages,
17whichever is greater.
18(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
19100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff.
2012-20-18.)
21 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
22 Sec. 1-8. Confidentiality and accessibility of juvenile
23court records.
24 (A) A juvenile adjudication shall never be considered a
25conviction nor shall an adjudicated individual be considered a

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1criminal. Unless expressly allowed by law, a juvenile
2adjudication shall not operate to impose upon the individual
3any of the civil disabilities ordinarily imposed by or
4resulting from conviction. Unless expressly allowed by law,
5adjudications shall not prejudice or disqualify the individual
6in any civil service application or appointment, from holding
7public office, or from receiving any license granted by public
8authority. All juvenile court records which have not been
9expunged are sealed and may never be disclosed to the general
10public or otherwise made widely available. Sealed juvenile
11court records may be obtained only under this Section and
12Section 1-7 and Part 9 of Article V of this Act, when their use
13is needed for good cause and with an order from the juvenile
14court. Inspection and copying of juvenile court records
15relating to a minor who is the subject of a proceeding under
16this Act shall be restricted to the following:
17 (1) The minor who is the subject of record, his or her
18 parents, guardian, and counsel.
19 (2) Law enforcement officers and law enforcement
20 agencies when such information is essential to executing an
21 arrest or search warrant or other compulsory process, or to
22 conducting an ongoing investigation or relating to a minor
23 who has been adjudicated delinquent and there has been a
24 previous finding that the act which constitutes the
25 previous offense was committed in furtherance of criminal
26 activities by a criminal street gang.

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1 Before July 1, 1994, for the purposes of this Section,
2 "criminal street gang" means any ongoing organization,
3 association, or group of 3 or more persons, whether formal
4 or informal, having as one of its primary activities the
5 commission of one or more criminal acts and that has a
6 common name or common identifying sign, symbol or specific
7 color apparel displayed, and whose members individually or
8 collectively engage in or have engaged in a pattern of
9 criminal activity.
10 Beginning July 1, 1994, for purposes of this Section,
11 "criminal street gang" has the meaning ascribed to it in
12 Section 10 of the Illinois Streetgang Terrorism Omnibus
13 Prevention Act.
14 (3) Judges, hearing officers, prosecutors, public
15 defenders, probation officers, social workers, or other
16 individuals assigned by the court to conduct a
17 pre-adjudication or pre-disposition investigation, and
18 individuals responsible for supervising or providing
19 temporary or permanent care and custody for minors under
20 the order of the juvenile court when essential to
21 performing their responsibilities.
22 (4) Judges, federal, State, and local prosecutors,
23 public defenders, probation officers, and designated
24 staff:
25 (a) in the course of a trial when institution of
26 criminal proceedings has been permitted or required

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1 under Section 5-805;
2 (b) when criminal proceedings have been permitted
3 or required under Section 5-805 and a minor is the
4 subject of a proceeding to determine the conditions of
5 pretrial release amount of bail;
6 (c) when criminal proceedings have been permitted
7 or required under Section 5-805 and a minor is the
8 subject of a pre-trial investigation, pre-sentence
9 investigation or fitness hearing, or proceedings on an
10 application for probation; or
11 (d) when a minor becomes 18 years of age or older,
12 and is the subject of criminal proceedings, including a
13 hearing to determine the conditions of pretrial
14 release amount of bail, a pre-trial investigation, a
15 pre-sentence investigation, a fitness hearing, or
16 proceedings on an application for probation.
17 (5) Adult and Juvenile Prisoner Review Boards.
18 (6) Authorized military personnel.
19 (6.5) Employees of the federal government authorized
20 by law.
21 (7) Victims, their subrogees and legal
22 representatives; however, such persons shall have access
23 only to the name and address of the minor and information
24 pertaining to the disposition or alternative adjustment
25 plan of the juvenile court.
26 (8) Persons engaged in bona fide research, with the

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1 permission of the presiding judge of the juvenile court and
2 the chief executive of the agency that prepared the
3 particular records; provided that publication of such
4 research results in no disclosure of a minor's identity and
5 protects the confidentiality of the record.
6 (9) The Secretary of State to whom the Clerk of the
7 Court shall report the disposition of all cases, as
8 required in Section 6-204 of the Illinois Vehicle Code.
9 However, information reported relative to these offenses
10 shall be privileged and available only to the Secretary of
11 State, courts, and police officers.
12 (10) The administrator of a bonafide substance abuse
13 student assistance program with the permission of the
14 presiding judge of the juvenile court.
15 (11) Mental health professionals on behalf of the
16 Department of Corrections or the Department of Human
17 Services or prosecutors who are evaluating, prosecuting,
18 or investigating a potential or actual petition brought
19 under the Sexually Violent Persons Commitment Act relating
20 to a person who is the subject of juvenile court records or
21 the respondent to a petition brought under the Sexually
22 Violent Persons Commitment Act, who is the subject of
23 juvenile court records sought. Any records and any
24 information obtained from those records under this
25 paragraph (11) may be used only in sexually violent persons
26 commitment proceedings.

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1 (12) Collection agencies, contracted or otherwise
2 engaged by a governmental entity, to collect any debts due
3 and owing to the governmental entity.
4 (A-1) Findings and exclusions of paternity entered in
5proceedings occurring under Article II of this Act shall be
6disclosed, in a manner and form approved by the Presiding Judge
7of the Juvenile Court, to the Department of Healthcare and
8Family Services when necessary to discharge the duties of the
9Department of Healthcare and Family Services under Article X of
10the Illinois Public Aid Code.
11 (B) A minor who is the victim in a juvenile proceeding
12shall be provided the same confidentiality regarding
13disclosure of identity as the minor who is the subject of
14record.
15 (C)(0.1) In cases where the records concern a pending
16juvenile court case, the requesting party seeking to inspect
17the juvenile court records shall provide actual notice to the
18attorney or guardian ad litem of the minor whose records are
19sought.
20 (0.2) In cases where the juvenile court records concern a
21juvenile court case that is no longer pending, the requesting
22party seeking to inspect the juvenile court records shall
23provide actual notice to the minor or the minor's parent or
24legal guardian, and the matter shall be referred to the chief
25judge presiding over matters pursuant to this Act.
26 (0.3) In determining whether juvenile court records should

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1be made available for inspection and whether inspection should
2be limited to certain parts of the file, the court shall
3consider the minor's interest in confidentiality and
4rehabilitation over the requesting party's interest in
5obtaining the information. The State's Attorney, the minor, and
6the minor's parents, guardian, and counsel shall at all times
7have the right to examine court files and records.
8 (0.4) Any records obtained in violation of this Section
9shall not be admissible in any criminal or civil proceeding, or
10operate to disqualify a minor from subsequently holding public
11office, or operate as a forfeiture of any public benefit,
12right, privilege, or right to receive any license granted by
13public authority.
14 (D) Pending or following any adjudication of delinquency
15for any offense defined in Sections 11-1.20 through 11-1.60 or
1612-13 through 12-16 of the Criminal Code of 1961 or the
17Criminal Code of 2012, the victim of any such offense shall
18receive the rights set out in Sections 4 and 6 of the Bill of
19Rights for Victims and Witnesses of Violent Crime Act; and the
20juvenile who is the subject of the adjudication,
21notwithstanding any other provision of this Act, shall be
22treated as an adult for the purpose of affording such rights to
23the victim.
24 (E) Nothing in this Section shall affect the right of a
25Civil Service Commission or appointing authority of the federal
26government, or any state, county, or municipality examining the

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1character and fitness of an applicant for employment with a law
2enforcement agency, correctional institution, or fire
3department to ascertain whether that applicant was ever
4adjudicated to be a delinquent minor and, if so, to examine the
5records of disposition or evidence which were made in
6proceedings under this Act.
7 (F) Following any adjudication of delinquency for a crime
8which would be a felony if committed by an adult, or following
9any adjudication of delinquency for a violation of Section
1024-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
11Criminal Code of 2012, the State's Attorney shall ascertain
12whether the minor respondent is enrolled in school and, if so,
13shall provide a copy of the dispositional order to the
14principal or chief administrative officer of the school. Access
15to the dispositional order shall be limited to the principal or
16chief administrative officer of the school and any guidance
17counselor designated by him or her.
18 (G) Nothing contained in this Act prevents the sharing or
19disclosure of information or records relating or pertaining to
20juveniles subject to the provisions of the Serious Habitual
21Offender Comprehensive Action Program when that information is
22used to assist in the early identification and treatment of
23habitual juvenile offenders.
24 (H) When a court hearing a proceeding under Article II of
25this Act becomes aware that an earlier proceeding under Article
26II had been heard in a different county, that court shall

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1request, and the court in which the earlier proceedings were
2initiated shall transmit, an authenticated copy of the juvenile
3court record, including all documents, petitions, and orders
4filed and the minute orders, transcript of proceedings, and
5docket entries of the court.
6 (I) The Clerk of the Circuit Court shall report to the
7Department of State Police, in the form and manner required by
8the Department of State Police, the final disposition of each
9minor who has been arrested or taken into custody before his or
10her 18th birthday for those offenses required to be reported
11under Section 5 of the Criminal Identification Act. Information
12reported to the Department under this Section may be maintained
13with records that the Department files under Section 2.1 of the
14Criminal Identification Act.
15 (J) The changes made to this Section by Public Act 98-61
16apply to juvenile law enforcement records of a minor who has
17been 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
20misdemeanor and each violation is subject to a fine of $1,000.
21This subsection (K) shall not apply to the person who is the
22subject of the record.
23 (L) A person convicted of violating this Section is liable
24for damages in the amount of $1,000 or actual damages,
25whichever is greater.
26(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;

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1100-1162, eff. 12-20-18.)
2 (705 ILCS 405/5-150)
3 Sec. 5-150. Admissibility of evidence and adjudications in
4other proceedings.
5 (1) Evidence and adjudications in proceedings under this
6Act 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
23operate to disqualify a minor from subsequently holding public
24office nor shall operate as a forfeiture of any right,
25privilege or right to receive any license granted by public

SB4025- 143 -LRB101 20752 RLC 70439 b
1authority.
2 (3) The court which adjudicated that a minor has committed
3any offense relating to motor vehicles prescribed in Sections
44-102 and 4-103 of the Illinois Vehicle Code shall notify the
5Secretary of State of that adjudication and the notice shall
6constitute sufficient grounds for revoking that minor's
7driver's license or permit as provided in Section 6-205 of the
8Illinois Vehicle Code; no minor shall be considered a criminal
9by reason thereof, nor shall any such adjudication be
10considered a conviction.
11(Source: P.A. 90-590, eff. 1-1-99.)
12 Section 85. The Criminal Code of 2012 is amended by
13changing Section 26.5-5, 31-1, 31A-0.1, 32-10, and 32-15 as
14follows:
15 (720 ILCS 5/26.5-5)
16 Sec. 26.5-5. Sentence.
17 (a) Except as provided in subsection (b), a person who
18violates any of the provisions of Section 26.5-1, 26.5-2, or
1926.5-3 of this Article is guilty of a Class B misdemeanor.
20Except as provided in subsection (b), a second or subsequent
21violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article
22is a Class A misdemeanor, for which the court shall impose a
23minimum of 14 days in jail or, if public or community service
24is established in the county in which the offender was

SB4025- 144 -LRB101 20752 RLC 70439 b
1convicted, 240 hours of public or community service.
2 (b) In any of the following circumstances, a person who
3violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article
4shall 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
7Article 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,
11firefighter, or correctional institution employee.
12 (a) A person who knowingly resists or obstructs the
13performance by one known to the person to be a peace officer,
14firefighter, or correctional institution employee of any
15authorized act within his or her official capacity commits a
16Class A misdemeanor.
17 (a-5) In addition to any other sentence that may be
18imposed, a court shall order any person convicted of resisting
19or obstructing a peace officer, firefighter, or correctional
20institution employee to be sentenced to a minimum of 48
21consecutive hours of imprisonment or ordered to perform
22community service for not less than 100 hours as may be
23determined by the court. The person shall not be eligible for
24probation in order to reduce the sentence of imprisonment or
25community service.

SB4025- 146 -LRB101 20752 RLC 70439 b
1 (a-7) A person convicted for a violation of this Section
2whose violation was the proximate cause of an injury to a peace
3officer, firefighter, or correctional institution employee is
4guilty of a Class 4 felony.
5 (b) For purposes of this Section, "correctional
6institution employee" means any person employed to supervise
7and control inmates incarcerated in a penitentiary, State farm,
8reformatory, prison, jail, house of correction, police
9detention area, half-way house, or other institution or place
10for the incarceration or custody of persons under sentence for
11offenses or awaiting trial or sentence for offenses, under
12arrest for an offense, a violation of probation, a violation of
13parole, a violation of aftercare release, a violation of
14mandatory supervised release, or awaiting a bail setting
15hearing or preliminary hearing on setting the conditions of
16pretrial release, or who are sexually dangerous persons or who
17are sexually violent persons; and "firefighter" means any
18individual, either as an employee or volunteer, of a regularly
19constituted fire department of a municipality or fire
20protection district who performs fire fighting duties,
21including, but not limited to, the fire chief, assistant fire
22chief, captain, engineer, driver, ladder person, hose person,
23pipe person, and any other member of a regularly constituted
24fire department. "Firefighter" also means a person employed by
25the Office of the State Fire Marshal to conduct arson
26investigations.

SB4025- 147 -LRB101 20752 RLC 70439 b
1 (c) It is an affirmative defense to a violation of this
2Section if a person resists or obstructs the performance of one
3known by the person to be a firefighter by returning to or
4remaining in a dwelling, residence, building, or other
5structure 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
9Article:
10 "Deliver" or "delivery" means the actual, constructive or
11attempted transfer of possession of an item of contraband, with
12or without consideration, whether or not there is an agency
13relationship.
14 "Employee" means any elected or appointed officer, trustee
15or employee of a penal institution or of the governing
16authority of the penal institution, or any person who performs
17services for the penal institution pursuant to contract with
18the 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,
24reformatory, prison, jail, house of correction, police
25detention area, half-way house or other institution or place
26for the incarceration or custody of persons under sentence for

SB4025- 151 -LRB101 20752 RLC 70439 b
1offenses awaiting trial or sentence for offenses, under arrest
2for an offense, a violation of probation, a violation of
3parole, a violation of aftercare release, or a violation of
4mandatory supervised release, or awaiting a bail setting
5hearing on the setting of conditions of pretrial release or
6preliminary hearing; provided that where the place for
7incarceration or custody is housed within another public
8building this Article shall not apply to that part of the
9building 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
13bail bond.
14 (a) Whoever, having been released pretrial under
15conditions admitted to bail for appearance before any court of
16this State, incurs a violation of conditions of pretrial
17release forfeiture of the bail and knowingly fails to surrender
18himself or herself within 30 days following the date of the
19violation forfeiture, commits, if the conditions of pretrial
20release bail was given in connection with a charge of felony
21or pending appeal or certiorari after conviction of any
22offense, a felony of the next lower Class or a Class A
23misdemeanor if the underlying offense was a Class 4 felony . If
24the violation of pretrial conditions were made ; or, if the bail
25was given in connection with a charge of committing a

SB4025- 152 -LRB101 20752 RLC 70439 b
1misdemeanor, or for appearance as a witness, commits a
2misdemeanor of the next lower Class, but not less than a Class
3C misdemeanor.
4 (a-5) Any person who knowingly violates a condition of
5pretrial release bail bond by possessing a firearm in violation
6of his or her conditions of pretrial release bail commits a
7Class 4 felony for a first violation and a Class 3 felony for a
8second or subsequent violation.
9 (b) Whoever, having been released pretrial under
10conditions admitted to bail for appearance before any court of
11this State, while charged with a criminal offense in which the
12victim is a family or household member as defined in Article
13112A of the Code of Criminal Procedure of 1963, knowingly
14violates a condition of that release as set forth in Section
15110-10, subsection (d) of the Code of Criminal Procedure of
161963, commits a Class A misdemeanor.
17 (c) Whoever, having been released pretrial under
18conditions admitted to bail for appearance before any court of
19this State for a felony, Class A misdemeanor or a criminal
20offense in which the victim is a family or household member as
21defined in Article 112A of the Code of Criminal Procedure of
221963, is charged with any other felony, Class A misdemeanor, or
23a criminal offense in which the victim is a family or household
24member as defined in Article 112A of the Code of Criminal
25Procedure of 1963 while on this release, must appear before the
26court before bail is statutorily set.

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1 (d) Nothing in this Section shall interfere with or prevent
2the exercise by any court of its power to punishment for
3contempt. Any sentence imposed for violation of this Section
4may shall be served consecutive to the sentence imposed for the
5charge for which pretrial release bail had been granted and
6with 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
10person who in any affidavit, document, schedule or other
11application to ensure compliance of another with the terms of
12pretrial release become surety or bail for another on any bail
13bond or recognizance in any civil or criminal proceeding then
14pending or about to be started against the other person, having
15taken a lawful oath or made affirmation, shall swear or affirm
16wilfully, corruptly and falsely as to the factors the court
17relied on to approve the conditions of the other person's
18pretrial release ownership or liens or incumbrances upon or the
19value of any real or personal property alleged to be owned by
20the person proposed to ensure those conditions as surety or
21bail, the financial worth or standing of the person proposed as
22surety or bail, or as to the number or total penalties of all
23other bonds or recognizances signed by and standing against the
24proposed surety or bail, or any person who, having taken a
25lawful oath or made affirmation, shall testify wilfully,

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1corruptly and falsely as to any of said matters for the purpose
2of inducing the approval of any such conditions of pretrial
3release bail bond or recognizance; or for the purpose of
4justifying on any such conditions of pretrial release bail bond
5or recognizance, or who shall suborn any other person to so
6swear, affirm or testify as aforesaid, shall be deemed and
7adjudged guilty of perjury or subornation of perjury (as the
8case 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
11amended by changing the heading of Article 110 by changing
12Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,
13106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1, 110-1,
14110-2, 110-3, 110-4, 110-5, 110-5.1, 110-5.2, 110-6, 110-6.1,
15110-6.3, 110-6.4, 110-6.5, 110-7, 110-8, 110-9, 110-10,
16110-11, 110-12, 110-13, 110-14, 110-15, 110-16, 110-17,
17110-18, 111-2, 112A-23, 114-1, 115-4.1, and 122-6 and by adding
18Section 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
22in Section 9 of Article I of the Illinois Constitution that is
23non-monetary means the amount of money set by the court which
24is required to be obligated and secured as provided by law for

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1the release of a person in custody in order that he will appear
2before the court in which his appearance may be required and
3that he will comply with such conditions as set forth in the
4bail 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
9conditions established by the court an undertaking secured by
10bail entered into by a person in custody by which he binds
11himself to comply with such conditions as are set forth
12therein.
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
17offense shall be tried by the court having jurisdiction within
18120 days from the date he or she was taken into custody unless
19delay is occasioned by the defendant, by an examination for
20fitness ordered pursuant to Section 104-13 of this Act, by a
21fitness hearing, by an adjudication of unfitness to stand
22trial, by a continuance allowed pursuant to Section 114-4 of
23this Act after a court's determination of the defendant's
24physical incapacity for trial, or by an interlocutory appeal.

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1Delay shall be considered to be agreed to by the defendant
2unless he or she objects to the delay by making a written
3demand for trial or an oral demand for trial on the record. The
4provisions of this subsection (a) do not apply to a person on
5pretrial release bail or recognizance for an offense but who is
6in custody for a violation of his or her parole, aftercare
7release, or mandatory supervised release for another offense.
8 The 120-day term must be one continuous period of
9incarceration. In computing the 120-day term, separate periods
10of incarceration may not be combined. If a defendant is taken
11into custody a second (or subsequent) time for the same
12offense, the term will begin again at day zero.
13 (b) Every person on pretrial release bail or recognizance
14shall be tried by the court having jurisdiction within 160 days
15from the date defendant demands trial unless delay is
16occasioned by the defendant, by an examination for fitness
17ordered pursuant to Section 104-13 of this Act, by a fitness
18hearing, by an adjudication of unfitness to stand trial, by a
19continuance allowed pursuant to Section 114-4 of this Act after
20a court's determination of the defendant's physical incapacity
21for trial, or by an interlocutory appeal. The defendant's
22failure to appear for any court date set by the court operates
23to waive the defendant's demand for trial made under this
24subsection.
25 For purposes of computing the 160 day period under this
26subsection (b), every person who was in custody for an alleged

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1offense and demanded trial and is subsequently released on
2pretrial release bail or recognizance and demands trial, shall
3be given credit for time spent in custody following the making
4of the demand while in custody. Any demand for trial made under
5this subsection (b) shall be in writing; and in the case of a
6defendant not in custody, the demand for trial shall include
7the date of any prior demand made under this provision while
8the defendant was in custody.
9 (c) If the court determines that the State has exercised
10without success due diligence to obtain evidence material to
11the case and that there are reasonable grounds to believe that
12such evidence may be obtained at a later day the court may
13continue the cause on application of the State for not more
14than an additional 60 days. If the court determines that the
15State has exercised without success due diligence to obtain
16results of DNA testing that is material to the case and that
17there are reasonable grounds to believe that such results may
18be obtained at a later day, the court may continue the cause on
19application of the State for not more than an additional 120
20days.
21 (d) Every person not tried in accordance with subsections
22(a), (b) and (c) of this Section shall be discharged from
23custody or released from the obligations of his pretrial
24release bail or recognizance.
25 (e) If a person is simultaneously in custody upon more than
26one charge pending against him in the same county, or

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1simultaneously demands trial upon more than one charge pending
2against him in the same county, he shall be tried, or adjudged
3guilty after waiver of trial, upon at least one such charge
4before expiration relative to any of such pending charges of
5the period prescribed by subsections (a) and (b) of this
6Section. Such person shall be tried upon all of the remaining
7charges thus pending within 160 days from the date on which
8judgment relative to the first charge thus prosecuted is
9rendered pursuant to the Unified Code of Corrections or, if
10such trial upon such first charge is terminated without
11judgment and there is no subsequent trial of, or adjudication
12of guilt after waiver of trial of, such first charge within a
13reasonable time, the person shall be tried upon all of the
14remaining charges thus pending within 160 days from the date on
15which such trial is terminated; if either such period of 160
16days expires without the commencement of trial of, or
17adjudication of guilt after waiver of trial of, any of such
18remaining charges thus pending, such charge or charges shall be
19dismissed and barred for want of prosecution unless delay is
20occasioned by the defendant, by an examination for fitness
21ordered pursuant to Section 104-13 of this Act, by a fitness
22hearing, by an adjudication of unfitness for trial, by a
23continuance allowed pursuant to Section 114-4 of this Act after
24a court's determination of the defendant's physical incapacity
25for trial, or by an interlocutory appeal; provided, however,
26that if the court determines that the State has exercised

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1without success due diligence to obtain evidence material to
2the case and that there are reasonable grounds to believe that
3such evidence may be obtained at a later day the court may
4continue the cause on application of the State for not more
5than an additional 60 days.
6 (f) Delay occasioned by the defendant shall temporarily
7suspend for the time of the delay the period within which a
8person shall be tried as prescribed by subsections (a), (b), or
9(e) of this Section and on the day of expiration of the delay
10the said period shall continue at the point at which it was
11suspended. Where such delay occurs within 21 days of the end of
12the period within which a person shall be tried as prescribed
13by subsections (a), (b), or (e) of this Section, the court may
14continue the cause on application of the State for not more
15than an additional 21 days beyond the period prescribed by
16subsections (a), (b), or (e). This subsection (f) shall become
17effective on, and apply to persons charged with alleged
18offenses 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
23charge of any jail, police station or other building where
24persons under arrest are held in custody pending investigation,
25pretrial release bail or other criminal proceedings, shall post

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1in every room, other than cells, of such buildings where
2persons are held in custody, in conspicuous places where it may
3be seen and read by persons in custody and others, a poster,
4printed in large type, containing a verbatim copy in the
5English language of the provisions of Sections 103-2, 103-3,
6103-4, 109-1, 110-2, 110-4, and sub-parts (a) and (b) of
7Sections 110-7 and 113-3 of this Code. Each person who is in
8charge of any courthouse or other building in which any trial
9of an offense is conducted shall post in each room primarily
10used for such trials and in each room in which defendants are
11confined or wait, pending trial, in conspicuous places where it
12may be seen and read by persons in custody and others, a
13poster, printed in large type, containing a verbatim copy in
14the English language of the provisions of Sections 103-6,
15113-1, 113-4 and 115-1 and of subparts (a) and (b) of Section
16113-3 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
20may seize or transport unwillingly any person found in this
21State who is allegedly in violation of a bail bond posted in
22some other state or conditions of pretrial release. The return
23of any such person to another state may be accomplished only as
24provided by the laws of this State. Any bail bondsman who
25violates this Section is fully subject to the criminal and

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1civil penalties provided by the laws of this State for his
2actions.
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
7mental condition, the court shall order an examination of the
8defendant by one or more licensed physicians, clinical
9psychologists, or psychiatrists chosen by the court. No
10physician, clinical psychologist or psychiatrist employed by
11the Department of Human Services shall be ordered to perform,
12in his official capacity, an examination under this Section.
13 (b) If the issue of fitness involves the defendant's
14physical condition, the court shall appoint one or more
15physicians and in addition, such other experts as it may deem
16appropriate to examine the defendant and to report to the court
17regarding the defendant's condition.
18 (c) An examination ordered under this Section shall be
19given at the place designated by the person who will conduct
20the examination, except that if the defendant is being held in
21custody, the examination shall take place at such location as
22the court directs. No examinations under this Section shall be
23ordered to take place at mental health or developmental
24disabilities facilities operated by the Department of Human
25Services. If the defendant fails to keep appointments without

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1reasonable cause or if the person conducting the examination
2reports to the court that diagnosis requires hospitalization or
3extended observation, the court may order the defendant
4admitted to an appropriate facility for an examination, other
5than a screening examination, for not more than 7 days. The
6court may, upon a showing of good cause, grant an additional 7
7days to complete the examination.
8 (d) Release on pretrial release bail or on recognizance
9shall not be revoked and an application therefor shall not be
10denied on the grounds that an examination has been ordered.
11 (e) Upon request by the defense and if the defendant is
12indigent, the court may appoint, in addition to the expert or
13experts chosen pursuant to subsection (a) of this Section, a
14qualified expert selected by the defendant to examine him and
15to make a report as provided in Section 104-15. Upon the filing
16with the court of a verified statement of services rendered,
17the court shall enter an order on the county board to pay such
18expert 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
23on pretrial release bail or on his own recognizance, the court
24shall select the least physically restrictive form of treatment
25therapeutically appropriate and consistent with the treatment

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1plan. The placement may be ordered either on an inpatient or an
2outpatient basis.
3 (b) If the defendant's disability is mental, the court may
4order him placed for treatment in the custody of the Department
5of Human Services, or the court may order him placed in the
6custody of any other appropriate public or private mental
7health facility or treatment program which has agreed to
8provide treatment to the defendant. If the court orders the
9defendant placed in the custody of the Department of Human
10Services, the Department shall evaluate the defendant to
11determine to which secure facility the defendant shall be
12transported and, within 20 days of the transmittal by the clerk
13of the circuit court of the placement court order, notify the
14sheriff of the designated facility. Upon receipt of that
15notice, the sheriff shall promptly transport the defendant to
16the designated facility. If the defendant is placed in the
17custody of the Department of Human Services, the defendant
18shall be placed in a secure setting. During the period of time
19required to determine the appropriate placement the defendant
20shall remain in jail. If during the course of evaluating the
21defendant for placement, the Department of Human Services
22determines that the defendant is currently fit to stand trial,
23it shall immediately notify the court and shall submit a
24written report within 7 days. In that circumstance the
25placement shall be held pending a court hearing on the
26Department's report. Otherwise, upon completion of the

SB4025- 164 -LRB101 20752 RLC 70439 b
1placement process, the sheriff shall be notified and shall
2transport the defendant to the designated facility. If, within
320 days of the transmittal by the clerk of the circuit court of
4the placement court order, the Department fails to notify the
5sheriff of the identity of the facility to which the defendant
6shall be transported, the sheriff shall contact a designated
7person within the Department to inquire about when a placement
8will become available at the designated facility and bed
9availability at other facilities. If, within 20 days of the
10transmittal by the clerk of the circuit court of the placement
11court order, the Department fails to notify the sheriff of the
12identity of the facility to which the defendant shall be
13transported, the sheriff shall notify the Department of its
14intent to transfer the defendant to the nearest secure mental
15health facility operated by the Department and inquire as to
16the status of the placement evaluation and availability for
17admission to such facility operated by the Department by
18contacting a designated person within the Department. The
19Department shall respond to the sheriff within 2 business days
20of the notice and inquiry by the sheriff seeking the transfer
21and the Department shall provide the sheriff with the status of
22the evaluation, information on bed and placement availability,
23and an estimated date of admission for the defendant and any
24changes to that estimated date of admission. If the Department
25notifies the sheriff during the 2 business day period of a
26facility operated by the Department with placement

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1availability, the sheriff shall promptly transport the
2defendant to that facility. The placement may be ordered either
3on an inpatient or an outpatient basis.
4 (c) If the defendant's disability is physical, the court
5may order him placed under the supervision of the Department of
6Human Services which shall place and maintain the defendant in
7a suitable treatment facility or program, or the court may
8order him placed in an appropriate public or private facility
9or treatment program which has agreed to provide treatment to
10the defendant. The placement may be ordered either on an
11inpatient or an outpatient basis.
12 (d) The clerk of the circuit court shall within 5 days of
13the entry of the order transmit to the Department, agency or
14institution, if any, to which the defendant is remanded for
15treatment, 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
4treatment, the person supervising the defendant's treatment
5shall file with the court, the State, and the defense a report
6assessing the facility's or program's capacity to provide
7appropriate treatment for the defendant and indicating his
8opinion as to the probability of the defendant's attaining
9fitness within a period of time from the date of the finding of
10unfitness. For a defendant charged with a felony, the period of
11time shall be one year. For a defendant charged with a
12misdemeanor, the period of time shall be no longer than the
13sentence if convicted of the most serious offense. If the
14report indicates that there is a substantial probability that
15the defendant will attain fitness within the time period, the
16treatment supervisor shall also file a treatment plan which
17shall 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
3television and video conference.
4 (a) Whenever the appearance in person in court, in either a
5civil or criminal proceeding, is required of anyone held in a
6place of custody or confinement operated by the State or any of
7its political subdivisions, including counties and
8municipalities, the chief judge of the circuit by rule may
9permit the personal appearance to be made by means of two-way
10audio-visual communication, including closed circuit
11television and computerized video conference, in the following
12proceedings:
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
2provide two-way audio-visual communication between the court
3and the place of custody or confinement, and must include a
4secure line over which the person in custody and his or her
5counsel, if any, may communicate.
6 (c) Nothing in this Section shall be construed to prohibit
7other court appearances through the use of two-way audio-visual
8communication, upon waiver of any right the person in custody
9or confinement may have to be present physically.
10 (d) Nothing in this Section shall be construed to establish
11a right of any person held in custody or confinement to appear
12in court through two-way audio-visual communication or to
13require that any governmental entity, or place of custody or
14confinement, 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
18jurisdiction.
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
9agency of this State may conduct temporary questioning pursuant
10to Section 107-14 of this Code and may make arrests in any
11jurisdiction within this State: (1) if the officer is engaged
12in the investigation of criminal activity that occurred in the
13officer's primary jurisdiction and the temporary questioning
14or arrest relates to, arises from, or is conducted pursuant to
15that investigation; or (2) if the officer, while on duty as a
16peace officer, becomes personally aware of the immediate
17commission of a felony or misdemeanor violation of the laws of
18this State; or (3) if the officer, while on duty as a peace
19officer, is requested by an appropriate State or local law
20enforcement official to render aid or assistance to the
21requesting law enforcement agency that is outside the officer's
22primary jurisdiction; or (4) in accordance with Section
232605-580 of the Department of State Police Law of the Civil
24Administrative Code of Illinois. While acting pursuant to this
25subsection, an officer has the same authority as within his or
26her own jurisdiction.

SB4025- 170 -LRB101 20752 RLC 70439 b
1 (a-7) The law enforcement agency of the county or
2municipality in which any arrest is made under this Section
3shall be immediately notified of the arrest.
4 (b) Any peace officer of another State who enters this
5State in fresh pursuit and continues within this State in fresh
6pursuit of a person in order to arrest him on the ground that
7he has committed an offense in the other State has the same
8authority to arrest and hold the person in custody as peace
9officers of this State have to arrest and hold a person in
10custody on the ground that he has committed an offense in this
11State.
12 (c) If an arrest is made in this State by a peace officer
13of another State in accordance with the provisions of this
14Section he shall without unnecessary delay take the person
15arrested before the circuit court of the county in which the
16arrest was made. Such court shall conduct a hearing for the
17purpose of determining the lawfulness of the arrest. If the
18court determines that the arrest was lawful it shall commit the
19person arrested, to await for a reasonable time the issuance of
20an extradition warrant by the Governor of this State, or admit
21him to pretrial release bail for such purpose. If the court
22determines that the arrest was unlawful it shall discharge the
23person 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
3an offense has been committed it shall examine upon oath or
4affirmation 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
16made by electronic means that has a simultaneous video and
17audio transmission between the requester and a judge, the judge
18may issue an arrest warrant based upon a sworn complaint or
19sworn testimony communicated in the transmission.
20 (c) A warrant shall be issued by the court for the arrest
21of the person complained against if it appears from the
22contents of the complaint and the examination of the
23complainant or other witnesses, if any, that the person against
24whom 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
21the State. It shall be executed by the peace officer, or by a
22private person specially named therein, at any location within
23the geographic limitation for execution placed on the warrant.
24If no geographic limitation is placed on the warrant, then it
25may be executed anywhere in the State.
26 (f) The arrest warrant may be issued electronically or

SB4025- 173 -LRB101 20752 RLC 70439 b
1electromagnetically by use of electronic mail or a facsimile
2transmission machine and any arrest warrant shall have the same
3validity 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
7custody and court appearance.
8 (a) A person arrested with or without a warrant for an
9offense for which pretrial release may be denied, unless
10released by the arresting officer shall be taken without
11unnecessary delay before the nearest and most accessible judge
12in that county, except when such county is a participant in a
13regional jail authority, in which event such person may be
14taken to the nearest and most accessible judge, irrespective of
15the county where such judge presides, and a charge shall be
16filed. An arresting officer may release a person arrested for
17an offense for which pretrial release may be denied, other than
18first degree murder, attempted first degree murder, or a
19violent sexual offense, without an appearance before a judge if
20release of the person is in the public interest. Whenever a
21person arrested either with or without a warrant is required to
22be taken before a judge, a charge may be filed against such
23person by way of a two-way closed circuit television system,
24except that a hearing to deny pretrial release bail to the
25defendant may not be conducted by way of closed circuit

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1television.
2 (a-3) A person arrested with or without a warrant for an
3offense for which pretrial release may not be denied may,
4except as otherwise provided in this Code, be released by the
5officer without appearing before a judge. The releasing officer
6shall issue the person a summons to appear.
7 (a-5) A person charged with an offense shall be allowed
8counsel at the hearing at which pretrial release bail is
9determined under Article 110 of this Code. If the defendant
10desires counsel for his or her initial appearance but is unable
11to obtain counsel, the court shall appoint a public defender or
12licensed attorney at law of this State to represent him or her
13for purposes of that hearing.
14 (a-7) A presumption in favor of pretrial release of a
15person shall be applied by an arresting officer in the exercise
16of his or her discretion under this Section.
17 (b) Upon initial appearance of a person before the court,
18the The judge shall:
19 (1) inform Inform the defendant of the charge against
20 him and shall provide him with a copy of the charge;
21 (2) advise Advise the defendant of his right to counsel
22 and if indigent shall appoint a public defender or licensed
23 attorney at law of this State to represent him in
24 accordance with the provisions of Section 113-3 of this
25 Code;
26 (3) schedule Schedule a preliminary hearing in

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1 appropriate cases;
2 (4) admit Admit the defendant to pretrial release bail
3 in accordance with the provisions of Article 110 of this
4 Code, or upon verified petition of the State, proceed with
5 the setting of a detention hearing as provided in Section
6 110-6.1; and
7 (5) Order the confiscation of the person's passport or
8 impose travel restrictions on a defendant arrested for
9 first degree murder or other violent crime as defined in
10 Section 3 of the Rights of Crime Victims and Witnesses Act,
11 if the judge determines, based on the factors in Section
12 110-5 of this Code, that this will reasonably ensure the
13 appearance of the defendant and compliance by the defendant
14 with all conditions of release.
15 (c) The court may issue an order of protection in
16accordance with the provisions of Article 112A of this Code.
17 (d) At the initial appearance of a defendant in any
18criminal proceeding, the court must advise the defendant in
19open court that any foreign national who is arrested or
20detained has the right to have notice of the arrest or
21detention given to his or her country's consular
22representatives and the right to communicate with those
23consular representatives if the notice has not already been
24provided. The court must make a written record of so advising
25the defendant.
26 (e) If consular notification is not provided to a defendant

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1before his or her first appearance in court, the court shall
2grant any reasonable request for a continuance of the
3proceedings to allow contact with the defendant's consulate.
4Any delay caused by the granting of the request by a defendant
5shall temporarily suspend for the time of the delay the period
6within which a person shall be tried as prescribed by
7subsections (a), (b), or (e) of Section 103-5 of this Code and
8on the day of the expiration of delay the period shall continue
9at the point at which it was suspended.
10 (f) At the hearing at which conditions of pretrial release
11are determined, the person charged shall be present in person
12rather than by video phone or any other form of electronic
13communication, unless the physical health and safety of the
14person would be endangered by appearing in court or the accused
15waives 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,
17eff. 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
20person arrested in a county other than the one in which a
21warrant for his arrest was issued shall be taken without
22unnecessary delay before the nearest and most accessible judge
23in the county where the arrest was made or, if no additional
24delay is created, before the nearest and most accessible judge
25in the county from which the warrant was issued. He shall be

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1admitted to pretrial release under the conditions bail in the
2amount specified in the warrant or, for offenses other than
3felonies, in an amount as set by the judge, and such conditions
4of pretrial release bail shall be conditioned on his appearing
5in the court issuing the warrant on a certain date. The judge
6may hold a hearing to determine if the defendant is the same
7person as named in the warrant.
8 (b) Notwithstanding the provisions of subsection (a), any
9person arrested in a county other than the one in which a
10warrant for his arrest was issued, may waive the right to be
11taken before a judge in the county where the arrest was made.
12If a person so arrested waives such right, the arresting agency
13shall surrender such person to a law enforcement agency of the
14county that issued the warrant without unnecessary delay. The
15provisions of Section 109-1 shall then apply to the person so
16arrested.
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
21court having jurisdiction of the offense if from the evidence
22it appears there is probable cause to believe an offense has
23been committed by the defendant, as provided in Section 109-3.1
24of this Code, if the offense is a felony.
25 (b) If the defendant waives preliminary examination the

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1judge shall hold him to answer and may, or on the demand of the
2prosecuting attorney shall, cause the witnesses for the State
3to be examined. After hearing the testimony if it appears that
4there is not probable cause to believe the defendant guilty of
5any offense the judge shall discharge him.
6 (c) During the examination of any witness or when the
7defendant is making a statement or testifying the judge may and
8on the request of the defendant or State shall exclude all
9other witnesses. He may also cause the witnesses to be kept
10separate and to be prevented from communicating with each other
11until all are examined.
12 (d) If the defendant is held to answer the judge may
13require any material witness for the State or defendant to
14enter into a written undertaking to appear at the trial, and
15may provide for the forfeiture of a sum certain in the event
16the witness does not appear at the trial. Any witness who
17refuses to execute a recognizance may be committed by the judge
18to the custody of the sheriff until trial or further order of
19the court having jurisdiction of the cause. Any witness who
20executes a recognizance and fails to comply with its terms
21shall, in addition to any forfeiture provided in the
22recognizance, be subject to the penalty provided in Section
2332-10 of the Criminal Code of 2012 for violation of the
24conditions of pretrial release bail bond.
25 (e) During preliminary hearing or examination the
26defendant may move for an order of suppression of evidence

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1pursuant to Section 114-11 or 114-12 of this Act or for other
2reasons, and may move for dismissal of the charge pursuant to
3Section 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
7case involving a person charged with a felony in this State,
8alleged to have been committed on or after January 1, 1984, the
9provisions of this Section shall apply.
10 (b) Every person in custody in this State for the alleged
11commission of a felony shall receive either a preliminary
12examination as provided in Section 109-3 or an indictment by
13Grand Jury as provided in Section 111-2, within 30 days from
14the date he or she was taken into custody. Every person on
15pretrial release bail or recognizance for the alleged
16commission of a felony shall receive either a preliminary
17examination as provided in Section 109-3 or an indictment by
18Grand Jury as provided in Section 111-2, within 60 days from
19the date he or she was arrested.
20The provisions of this paragraph shall not apply in the
21following situations:
22 (1) when delay is occasioned by the defendant; or
23 (2) when the defendant has been indicted by the Grand Jury
24on the felony offense for which he or she was initially taken
25into custody or on an offense arising from the same transaction

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1or conduct of the defendant that was the basis for the felony
2offense or offenses initially charged; or
3 (3) when a competency examination is ordered by the court;
4or
5 (4) when a competency hearing is held; or
6 (5) when an adjudication of incompetency for trial has been
7made; or
8 (6) when the case has been continued by the court under
9Section 114-4 of this Code after a determination that the
10defendant is physically incompetent to stand trial.
11 (c) Delay occasioned by the defendant shall temporarily
12suspend, for the time of the delay, the period within which the
13preliminary examination must be held. On the day of expiration
14of the delay the period in question shall continue at the point
15at 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
21which is required to be pledged to insure the payment of bail.
22 (b) "Sureties" encompasses the monetary and nonmonetary
23requirements set by the court as conditions for release either
24before or after conviction. "Surety" is one who executes a bail

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1bond and binds himself to pay the bail if the person in custody
2fails to comply with all conditions of the bail bond.
3 (c) The phrase "for which a sentence of imprisonment,
4without conditional and revocable release, shall be imposed by
5law as a consequence of conviction" means an offense for which
6a sentence of imprisonment, without probation, periodic
7imprisonment or conditional discharge, is required by law upon
8conviction.
9 (d) "Specific identifiable person or persons" means a named
10person other than the defendant. "Real and present threat to
11the physical safety of any person or persons", as used in this
12Article, includes a threat to the community, person, persons or
13class 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
17effective date of this amendatory Act of the 101st General
18Assembly, the requirement of posting monetary bail is
19abolished, except as provided in the Uniform Criminal
20Extradition Act, the Driver License Compact, or the Nonresident
21Violator Compact which are compacts that have been entered into
22between this State and its sister states.
23 (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
24 Sec. 110-2. Release on own recognizance. It is presumed

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1that a defendant is entitled to release on personal
2recognizance on the condition that the defendant attend all
3required court proceedings and the defendant does not commit
4any criminal offense, and complies with all terms of pretrial
5release, including, but not limited to, orders of protection.
6Additional conditions of release shall be set only when it is
7determined that they are necessary to assure the defendant's
8appearance in court, assure the defendant does not commit any
9criminal offense, and complies with all conditions of pretrial
10release. Detention only shall be imposed when it is determined
11that the defendant poses a danger to a specific, identifiable
12person or persons, or has a high likelihood of willful flight.
13If the court deems that the defendant is to be released on
14personal recognizance, the court may require that a written
15admonishment be signed by When from all the circumstances the
16court is of the opinion that the defendant will appear as
17required either before or after conviction and the defendant
18will not pose a danger to any person or the community and that
19the defendant will comply with all conditions of bond, which
20shall include the defendant's current address with a written
21admonishment to the defendant requiring that he or she must
22comply with the provisions of Section 110-12 of this Code
23regarding any change in his or her address. The , the defendant
24may be released on his or her own recognizance upon signature.
25The defendant's address shall at all times remain a matter of
26public record with the clerk of the court. A failure to appear

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1as required by such recognizance shall constitute an offense
2subject to the penalty provided in Section 32-10 of the
3Criminal Code of 2012 for violation of the conditions of
4pretrial release bail bond, and any obligated sum fixed in the
5recognizance shall be forfeited and collected in accordance
6with subsection (g) of Section 110-7 of this Code.
7 This Section shall be liberally construed to effectuate the
8purpose of relying upon contempt of court proceedings or
9criminal sanctions instead of financial loss to assure the
10appearance of the defendant, and that the defendant will not
11pose a danger to any person or the community and that the
12defendant will not pose comply with all conditions of bond.
13Monetary bail should be set only when it is determined that no
14other conditions of release will reasonably assure the
15defendant's appearance in court, that the defendant does not
16present a danger to any person or the community and that the
17defendant will comply with all conditions of pretrial release
18bond.
19 The State may appeal any order permitting release by
20personal 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
24warrant. Upon failure to comply with any condition of pretrial
25release a bail bond or recognizance the court having

SB4025- 184 -LRB101 20752 RLC 70439 b
1jurisdiction at the time of such failure may, on its own motion
2or upon motion from the State, issue an order to show cause as
3to why he or she shall not be found in contempt of court or
4subject to revocation or forfeiture of pretrial release. The
5order issued by the court shall state the facts alleged to
6constitute the hearing to show cause or otherwise why the
7person is subject to revocation or forfeiture of pretrial
8release. A certified copy of the order shall be served upon the
9person at least 48 hours in advance of the scheduled hearing.
10 If the person does not appear at the hearing to show cause
11or absconds, the court may, in addition to any other action
12provided by law, issue a warrant for the arrest of the person
13at liberty on pretrial release bail or his own recognizance.
14The contents of such a warrant shall be the same as required
15for an arrest warrant issued upon complaint and may modify any
16previously imposed conditions placed upon the person, rather
17than revoking pretrial release or issuing a warrant for the
18person. When a defendant is at liberty on pretrial release bail
19or his own recognizance on a felony charge and fails to appear
20in court as directed, the court may shall issue a warrant for
21the arrest of such person after his or her failure to appear at
22the show for cause hearing as provided in this Section. Such
23warrant shall be noted with a directive to peace officers to
24arrest the person and hold such person without pretrial release
25bail and to deliver such person before the court for further
26proceedings.

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1 The court may not revoke pretrial release and order the
2defendant detained pending trial unless, after considering all
3relevant circumstances including, but not limited to, the
4nature and seriousness of the violation or criminal act
5alleged, and the defendant's reasons for missing court, the
6court finds clear and convincing evidence that no condition or
7combination of conditions of release would reasonably assure
8the appearance of the defendant for later hearings or protect
9the integrity of the judicial proceedings from a specific
10threat to a witness or participant.
11 A defendant who is arrested or surrenders within 30 days of
12the issuance of such warrant shall not be bailable in the case
13in question unless he shows by the preponderance of the
14evidence 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
19for pretrial release before conviction. Pretrial release may
20only be denied when a person is charged with an offense listed
21in Section 110-6.1 or when the defendant has a high likelihood
22of willful flight, and after the court has held a hearing under
23Section 110-6.1. All persons shall be bailable before
24conviction, except the following offenses where the proof is
25evident or the presumption great that the defendant is guilty

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1of the offense: capital offenses; offenses for which a sentence
2of life imprisonment may be imposed as a consequence of
3conviction; felony offenses for which a sentence of
4imprisonment, without conditional and revocable release, shall
5be imposed by law as a consequence of conviction, where the
6court after a hearing, determines that the release of the
7defendant would pose a real and present threat to the physical
8safety of any person or persons; stalking or aggravated
9stalking, where the court, after a hearing, determines that the
10release of the defendant would pose a real and present threat
11to the physical safety of the alleged victim of the offense and
12denial of bail is necessary to prevent fulfillment of the
13threat upon which the charge is based; or unlawful use of
14weapons in violation of item (4) of subsection (a) of Section
1524-1 of the Criminal Code of 1961 or the Criminal Code of 2012
16when that offense occurred in a school or in any conveyance
17owned, leased, or contracted by a school to transport students
18to or from school or a school-related activity, or on any
19public way within 1,000 feet of real property comprising any
20school, where the court, after a hearing, determines that the
21release of the defendant would pose a real and present threat
22to the physical safety of any person and denial of bail is
23necessary to prevent fulfillment of that threat; or making a
24terrorist threat in violation of Section 29D-20 of the Criminal
25Code of 1961 or the Criminal Code of 2012 or an attempt to
26commit the offense of making a terrorist threat, where the

SB4025- 187 -LRB101 20752 RLC 70439 b
1court, after a hearing, determines that the release of the
2defendant would pose a real and present threat to the physical
3safety of any person and denial of bail is necessary to prevent
4fulfillment of that threat.
5 (b) A person seeking pretrial release on bail who is
6charged with a capital offense or an offense for which a
7sentence of life imprisonment may be imposed shall not be
8eligible for release pretrial bailable until a hearing is held
9wherein such person has the burden of demonstrating that the
10proof of his guilt is not evident and the presumption is not
11great.
12 (c) Where it is alleged that pretrial bail should be denied
13to a person upon the grounds that the person presents a real
14and present threat to the physical safety of any person or
15persons, the burden of proof of such allegations shall be upon
16the State.
17 (d) When it is alleged that pretrial bail should be denied
18to a person charged with stalking or aggravated stalking upon
19the grounds set forth in Section 110-6.3 of this Code, the
20burden 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
24of release.
25 (a) In determining which the amount of monetary bail or

SB4025- 188 -LRB101 20752 RLC 70439 b
1conditions of pretrial release, if any, which will reasonably
2assure the appearance of a defendant as required or the safety
3of any other person or the community and the likelihood of
4compliance by the defendant with all the conditions of pretrial
5release bail, the court may shall, on the basis of available
6information, 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
9assessment tool to aid its determination of appropriate
10conditions of release as provided for in Section 110-6.4. Risk
11assessment tools may not be used as the sole basis to deny
12pretrial release. If a risk assessment tool is used, the
13defendant's counsel shall be provided with the information and
14scoring system of the risk assessment tool used to arrive at
15the determination. The defendant retains the right to challenge
16the validity of a risk assessment tool used by the court and to
17present evidence relevant to the defendant's challenge ,
18whether the evidence shows that as part of the offense there
19was a use of violence or threatened use of violence, whether
20the offense involved corruption of public officials or
21employees, whether there was physical harm or threats of
22physical harm to any public official, public employee, judge,
23prosecutor, juror or witness, senior citizen, child, or person
24with a disability, whether evidence shows that during the
25offense or during the arrest the defendant possessed or used a
26firearm, machine gun, explosive or metal piercing ammunition or

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1explosive bomb device or any military or paramilitary armament,
2whether the evidence shows that the offense committed was
3related to or in furtherance of the criminal activities of an
4organized gang or was motivated by the defendant's membership
5in or allegiance to an organized gang, the condition of the
6victim, any written statement submitted by the victim or
7proffer or representation by the State regarding the impact
8which the alleged criminal conduct has had on the victim and
9the victim's concern, if any, with further contact with the
10defendant if released on bail, whether the offense was based on
11racial, religious, sexual orientation or ethnic hatred, the
12likelihood of the filing of a greater charge, the likelihood of
13conviction, the sentence applicable upon conviction, the
14weight of the evidence against such defendant, whether there
15exists motivation or ability to flee, whether there is any
16verification as to prior residence, education, or family ties
17in the local jurisdiction, in another county, state or foreign
18country, the defendant's employment, financial resources,
19character and mental condition, past conduct, prior use of
20alias names or dates of birth, and length of residence in the
21community, the consent of the defendant to periodic drug
22testing in accordance with Section 110-6.5, whether a foreign
23national defendant is lawfully admitted in the United States of
24America, whether the government of the foreign national
25maintains an extradition treaty with the United States by which
26the foreign government will extradite to the United States its

SB4025- 191 -LRB101 20752 RLC 70439 b
1national for a trial for a crime allegedly committed in the
2United States, whether the defendant is currently subject to
3deportation or exclusion under the immigration laws of the
4United States, whether the defendant, although a United States
5citizen, is considered under the law of any foreign state a
6national of that state for the purposes of extradition or
7non-extradition to the United States, the amount of unrecovered
8proceeds lost as a result of the alleged offense, the source of
9bail funds tendered or sought to be tendered for bail, whether
10from the totality of the court's consideration, the loss of
11funds posted or sought to be posted for bail will not deter the
12defendant from flight, whether the evidence shows that the
13defendant is engaged in significant possession, manufacture,
14or delivery of a controlled substance or cannabis, either
15individually or in consort with others, whether at the time of
16the offense charged he or she was on bond or pre-trial release
17pending trial, probation, periodic imprisonment or conditional
18discharge pursuant to this Code or the comparable Code of any
19other state or federal jurisdiction, whether the defendant is
20on bond or pre-trial release pending the imposition or
21execution of sentence or appeal of sentence for any offense
22under the laws of Illinois or any other state or federal
23jurisdiction, whether the defendant is under parole, aftercare
24release, mandatory supervised release, or work release from the
25Illinois Department of Corrections or Illinois Department of
26Juvenile Justice or any penal institution or corrections

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1department of any state or federal jurisdiction, the
2defendant's record of convictions, whether the defendant has
3been convicted of a misdemeanor or ordinance offense in
4Illinois or similar offense in other state or federal
5jurisdiction within the 10 years preceding the current charge
6or convicted of a felony in Illinois, whether the defendant was
7convicted of an offense in another state or federal
8jurisdiction that would be a felony if committed in Illinois
9within the 20 years preceding the current charge or has been
10convicted of such felony and released from the penitentiary
11within 20 years preceding the current charge if a penitentiary
12sentence was imposed in Illinois or other state or federal
13jurisdiction, the defendant's records of juvenile adjudication
14of delinquency in any jurisdiction, any record of appearance or
15failure to appear by the defendant at court proceedings,
16whether there was flight to avoid arrest or prosecution,
17whether the defendant escaped or attempted to escape to avoid
18arrest, whether the defendant refused to identify himself or
19herself, or whether there was a refusal by the defendant to be
20fingerprinted as required by law. Information used by the court
21in its findings or stated in or offered in connection with this
22Section may be by way of proffer based upon reliable
23information offered by the State or defendant. All evidence
24shall be admissible if it is relevant and reliable regardless
25of whether it would be admissible under the rules of evidence
26applicable at criminal trials. If the State presents evidence

SB4025- 193 -LRB101 20752 RLC 70439 b
1that the offense committed by the defendant was related to or
2in furtherance of the criminal activities of an organized gang
3or was motivated by the defendant's membership in or allegiance
4to an organized gang, and if the court determines that the
5evidence may be substantiated, the court shall prohibit the
6defendant from associating with other members of the organized
7gang as a condition of bail or release. For the purposes of
8this Section, "organized gang" has the meaning ascribed to it
9in Section 10 of the Illinois Streetgang Terrorism Omnibus
10Prevention Act.
11 (a-5) There shall be a presumption that any conditions of
12release imposed shall be non-monetary in nature and the court
13shall impose the least restrictive conditions or combination of
14conditions necessary to reasonably assure the appearance of the
15defendant for further court proceedings and protect the
16integrity of the judicial proceedings from a specific threat to
17a witness or participant. Conditions of release may include,
18but not be limited to, electronic home monitoring, curfews,
19drug counseling, stay-away orders, and in-person reporting.
20The court shall consider the defendant's socio-economic
21circumstance when setting conditions of release or imposing
22monetary 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
23demonstrating reasonable cause, the State's Attorney may
24request a source of bail hearing either before or after the
25posting of any funds. If the hearing is granted, before the
26posting of any bail, the accused must file a written notice

SB4025- 195 -LRB101 20752 RLC 70439 b
1requesting that the court conduct a source of bail hearing. The
2notice must be accompanied by justifying affidavits stating the
3legitimate and lawful source of funds for bail. At the hearing,
4the court shall inquire into any matters stated in any
5justifying affidavits, and may also inquire into matters
6appropriate to the determination which shall include, but are
7not 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
20oath, any persons who may possess material information.
21 The State's Attorney has a right to attend the hearing, to
22call witnesses and to examine any witness in the proceeding.
23The court shall, upon request of the State's Attorney, continue
24the proceedings for a reasonable period to allow the State's
25Attorney to investigate the matter raised in any testimony or
26affidavit. If the hearing is granted after the accused has

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1posted bail, the court shall conduct a hearing consistent with
2this subsection (b-5). At the conclusion of the hearing, the
3court must issue an order either approving of disapproving the
4bail.
5 (c) (Blank). When a person is charged with an offense
6punishable by fine only the amount of the bail shall not exceed
7double the amount of the maximum penalty.
8 (c-1) If a person remains in pretrial detention after his
9or her pretrial conditions hearing after having been ordered
10released with pretrial conditions, the court shall hold a
11hearing to determine the reason for continued detention. If the
12reason for continued detention is due to the unavailability or
13the defendant's ineligibility for one or more pretrial
14conditions previously ordered by the court or directed by a
15pretrial services agency, the court shall reopen the conditions
16of release hearing to determine what available pretrial
17conditions exist that will reasonably assure the appearance of
18a defendant as required or the safety of any other person and
19the likelihood of compliance by the defendant with all the
20conditions of pretrial release.
21 (d) (Blank). When a person has been convicted of an offense
22and only a fine has been imposed the amount of the bail shall
23not exceed double the amount of the fine.
24 (e) (Blank). The State may appeal any order granting bail
25or setting a given amount for bail.
26 (f) When a person is charged with a violation of an order

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1of protection under Section 12-3.4 or 12-30 of the Criminal
2Code of 1961 or the Criminal Code of 2012 or when a person is
3charged with domestic battery, aggravated domestic battery,
4kidnapping, aggravated kidnaping, unlawful restraint,
5aggravated unlawful restraint, stalking, aggravated stalking,
6cyberstalking, harassment by telephone, harassment through
7electronic communications, or an attempt to commit first degree
8murder committed against an intimate partner regardless
9whether an order of protection has been issued against the
10person,
11 (1) whether the alleged incident involved harassment
12 or abuse, as defined in the Illinois Domestic Violence Act
13 of 1986;
14 (2) whether the person has a history of domestic
15 violence, as defined in the Illinois Domestic Violence Act,
16 or a history of other criminal acts;
17 (3) based on the mental health of the person;
18 (4) whether the person has a history of violating the
19 orders of any court or governmental entity;
20 (5) whether the person has been, or is, potentially a
21 threat to any other person;
22 (6) whether the person has access to deadly weapons or
23 a history of using deadly weapons;
24 (7) whether the person has a history of abusing alcohol
25 or any controlled substance;
26 (8) based on the severity of the alleged incident that

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1 is the basis of the alleged offense, including, but not
2 limited to, the duration of the current incident, and
3 whether the alleged incident involved the use of a weapon,
4 physical injury, sexual assault, strangulation, abuse
5 during the alleged victim's pregnancy, abuse of pets, or
6 forcible entry to gain access to the alleged victim;
7 (9) whether a separation of the person from the alleged
8 victim or a termination of the relationship between the
9 person and the alleged victim has recently occurred or is
10 pending;
11 (10) whether the person has exhibited obsessive or
12 controlling behaviors toward the alleged victim,
13 including, but not limited to, stalking, surveillance, or
14 isolation of the alleged victim or victim's family member
15 or members;
16 (11) whether the person has expressed suicidal or
17 homicidal ideations;
18 (12) based on any information contained in the
19 complaint and any police reports, affidavits, or other
20 documents accompanying the complaint,
21the court may, in its discretion, order the respondent to
22undergo a risk assessment evaluation using a recognized,
23evidence-based instrument conducted by an Illinois Department
24of Human Services approved partner abuse intervention program
25provider, pretrial service, probation, or parole agency. These
26agencies shall have access to summaries of the defendant's

SB4025- 199 -LRB101 20752 RLC 70439 b
1criminal history, which shall not include victim interviews or
2information, for the risk evaluation. Based on the information
3collected from the 12 points to be considered at a bail hearing
4setting the conditions of pretrial release under this
5subsection (f), the results of any risk evaluation conducted
6and the other circumstances of the violation, the court may
7order that the person, as a condition of pretrial release bail,
8be placed under electronic surveillance as provided in Section
95-8A-7 of the Unified Code of Corrections. Upon making a
10determination whether or not to order the respondent to undergo
11a risk assessment evaluation or to be placed under electronic
12surveillance and risk assessment, the court shall document in
13the record the court's reasons for making those determinations.
14The cost of the electronic surveillance and risk assessment
15shall be paid by, or on behalf, of the defendant. As used in
16this subsection (f), "intimate partner" means a spouse or a
17current or former partner in a cohabitation or dating
18relationship.
19 (g) Electronic monitoring, GPS monitoring, or home
20confinement can only be imposed as a condition of pretrial
21release if a no less restrictive condition of release or
22combination of less restrictive conditions of release would
23reasonably assure the appearance of the defendant for later
24hearings or protect an identifiable person or persons from
25imminent threat of serious physical harm. If the court imposes
26electronic monitoring, GPS monitoring, or home confinement,

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1the court shall set forth in the record the basis for its
2finding. A defendant shall be given custodial credit for each
3day he or she was subjected to that program, at the same rate
4described in subsection (b) of Section 5-4.5-100 of the Unified
5Code of Corrections.
6(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18; revised
77-12-19.)
8 (725 ILCS 5/110-5.1)
9 Sec. 110-5.1. Pretrial release Bail; certain persons
10charged with violent crimes against family or household
11members.
12 (a) Subject to subsection (c), a person who is charged with
13a violent crime shall appear before the court for the setting
14of conditions of pretrial release bail if the alleged victim
15was a family or household member at the time of the alleged
16offense, and if any of the following applies:
17 (1) the person charged, at the time of the alleged
18 offense, was subject to the terms of an order of protection
19 issued under Section 112A-14 of this Code or Section 214 of
20 the Illinois Domestic Violence Act of 1986 or previously
21 was convicted of a violation of an order of protection
22 under Section 12-3.4 or 12-30 of the Criminal Code of 1961
23 or the Criminal Code of 2012 or a violent crime if the
24 victim was a family or household member at the time of the
25 offense or a violation of a substantially similar municipal

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1 ordinance or law of this or any other state or the United
2 States if the victim was a family or household member at
3 the time of the offense;
4 (2) the arresting officer indicates in a police report
5 or other document accompanying the complaint any of the
6 following:
7 (A) that the arresting officer observed on the
8 alleged victim objective manifestations of physical
9 harm that the arresting officer reasonably believes
10 are a result of the alleged offense;
11 (B) that the arresting officer reasonably believes
12 that the person had on the person's person at the time
13 of the alleged offense a deadly weapon;
14 (C) that the arresting officer reasonably believes
15 that the person presents a credible threat of serious
16 physical harm to the alleged victim or to any other
17 person if released on bail before trial.
18 (b) To the extent that information about any of the
19following is available to the court, the court shall consider
20all of the following, in addition to any other circumstances
21considered by the court, before determining the conditions of
22pretrial release setting bail for a person who appears before
23the 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
4and upon any terms that the court may direct, a court may
5permit a person who is required to appear before it by
6subsection (a) to appear by video conferencing equipment. If,
7in the opinion of the court, the appearance in person or by
8video conferencing equipment of a person who is charged with a
9misdemeanor and who is required to appear before the court by
10subsection (a) is not practicable, the court may waive the
11appearance and release the person on bail on one or both of the
12following 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
19appear before the court for determining conditions of pretrial
20release the setting of bail or prohibit a court from requiring
21any person charged with a violent crime who is not described in
22subsection (a) from appearing before the court for the setting
23of 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
6detainee.
7 (a) It is the policy of this State that a pre-trial
8detainee shall not be required to deliver a child while in
9custody absent a finding by the court that continued pre-trial
10custody is necessary to protect the public or the victim of the
11offense on which the charge is based.
12 (b) If the court reasonably believes that a pre-trial
13detainee will give birth while in custody, the court shall
14order an alternative to custody unless, after a hearing, the
15court 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
25to be subject to electronic monitoring as a condition of

SB4025- 205 -LRB101 20752 RLC 70439 b
1pre-trial release or order other condition or combination of
2conditions the court reasonably determines are in the best
3interest of the detainee and the public.
4 (d) This Section shall be applicable to a pregnant
5pre-trial detainee in custody on or after the effective date of
6this 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
10release.
11 (a) Upon verified application by the State or the defendant
12or on its own motion the court before which the proceeding is
13pending may increase or reduce the amount of bail or may alter
14the conditions of pretrial release the bail bond or grant
15pretrial release bail where it has been previously revoked or
16denied. If pretrial release bail has been previously revoked
17pursuant to subsection (f) of this Section or if pretrial
18release bail has been denied to the defendant pursuant to
19subsection (e) of Section 110-6.1 or subsection (e) of Section
20110-6.3, the defendant shall be required to present a verified
21application setting forth in detail any new facts not known or
22obtainable at the time of the previous revocation or denial of
23pretrial release bail proceedings. If the court grants pretrial
24release bail where it has been previously revoked or denied,
25the court shall state on the record of the proceedings the

SB4025- 206 -LRB101 20752 RLC 70439 b
1findings of facts and conclusion of law upon which such order
2is based.
3 (a-5) (Blank). In addition to any other available motion or
4procedure under this Code, a person in custody solely for a
5Category B offense due to an inability to post monetary bail
6shall be brought before the court at the next available court
7date or 7 calendar days from the date bail was set, whichever
8is earlier, for a rehearing on the amount or conditions of bail
9or release pending further court proceedings. The court may
10reconsider conditions of release for any other person whose
11inability to post monetary bail is the sole reason for
12continued incarceration, including a person in custody for a
13Category A offense or a Category A offense and a Category B
14offense. The court may deny the rehearing permitted under this
15subsection (a-5) if the person has failed to appear as required
16before the court and is incarcerated based on a warrant for
17failure to appear on the same original criminal offense.
18 (b) Violation of the conditions of Section 110-10 of this
19Code or any special conditions of pretrial release bail as
20ordered by the court shall constitute grounds for the court to
21increase the amount of bail, or otherwise alter the conditions
22of pretrial release bail, or, where the alleged offense
23committed on pretrial release bail is a forcible felony in
24Illinois or a Class 2 or greater offense under the Illinois
25Controlled Substances Act, the Cannabis Control Act, or the
26Methamphetamine Control and Community Protection Act, revoke

SB4025- 207 -LRB101 20752 RLC 70439 b
1pretrial release bail pursuant to the appropriate provisions of
2subsection (e) of this Section.
3 (c) Reasonable notice of such application by the defendant
4shall be given to the State.
5 (d) Reasonable notice of such application by the State
6shall be given to the defendant, except as provided in
7subsection (e).
8 (e) Upon verified application by the State stating facts or
9circumstances constituting a violation or a threatened
10violation of any of the conditions of pretrial release the bail
11bond the court may issue a warrant commanding any peace officer
12to bring the defendant without unnecessary delay before the
13court for a hearing on the matters set forth in the
14application. If the actual court before which the proceeding is
15pending is absent or otherwise unavailable another court may
16issue a warrant pursuant to this Section. When the defendant is
17charged with a felony offense and while free on pretrial
18release bail is charged with a subsequent felony offense and is
19the subject of a proceeding set forth in Section 109-1 or 109-3
20of this Code, upon the filing of a verified petition by the
21State alleging a violation of Section 110-10 (a) (4) of this
22Code, the court shall without prior notice to the defendant,
23grant leave to file such application and shall order the
24transfer of the defendant and the application without
25unnecessary delay to the court before which the previous felony
26matter is pending for a hearing as provided in subsection (b)

SB4025- 208 -LRB101 20752 RLC 70439 b
1or this subsection of this Section. The defendant shall be held
2without pretrial release bond pending transfer to and a hearing
3before such court. At the conclusion of the hearing based on a
4violation of the conditions of Section 110-10 of this Code or
5any special conditions of pretrial release bail as ordered by
6the court the court may enter an order to increasing the amount
7of bail or alter the conditions of pretrial release bail as
8deemed appropriate.
9 (f) Where the alleged violation consists of the violation
10of one or more felony statutes of any jurisdiction which would
11be a forcible felony in Illinois or a Class 2 or greater
12offense under the Illinois Controlled Substances Act, the
13Cannabis Control Act, or the Methamphetamine Control and
14Community Protection Act and the defendant is on pretrial
15release bail for the alleged commission of a felony, or where
16the defendant is on pretrial release bail for a felony domestic
17battery (enhanced pursuant to subsection (b) of Section 12-3.2
18of the Criminal Code of 1961 or the Criminal Code of 2012),
19aggravated domestic battery, aggravated battery, unlawful
20restraint, aggravated unlawful restraint or domestic battery
21in violation of item (1) of subsection (a) of Section 12-3.2 of
22the Criminal Code of 1961 or the Criminal Code of 2012 against
23a family or household member as defined in Section 112A-3 of
24this Code and the violation is an offense of domestic battery
25against the same victim the court shall, on the motion of the
26State or its own motion, revoke pretrial release bail in

SB4025- 209 -LRB101 20752 RLC 70439 b
1accordance 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 the pretrial release bail of the
7 defendant and hold the defendant for trial without pretrial
8 release bail. Neither the finding of the court nor any
9 transcript or other record of the hearing shall be
10 admissible in the State's case in chief, but shall be
11 admissible for impeachment, or as provided in Section
12 115-10.1 of this Code or in a perjury proceeding.
13 (4) If the pretrial release bail of any defendant is
14 revoked pursuant to paragraph (f) (3) of this Section, the
15 defendant may demand and shall be entitled to be brought to
16 trial on the offense with respect to which he was formerly
17 released on pretrial release bail within 90 days after the
18 date on which his pretrial release bail was revoked. If the
19 defendant is not brought to trial within the 90 day period
20 required by the preceding sentence, he shall not be held
21 longer without pretrial release bail. In computing the 90
22 day period, the court shall omit any period of delay
23 resulting from a continuance granted at the request of the
24 defendant.
25 (5) If the defendant either is arrested on a warrant
26 issued pursuant to this Code or is arrested for an

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's conditions of
12 pretrial release bond. The non-issuing court shall not
13 alter another courts pretrial release bail set on a warrant
14 unless the interests of justice and public safety are
15 served by such action.
16 (g) The State may appeal any order where the court has
17increased or reduced the amount of bail or altered the
18conditions of the pretrial release bail bond or granted
19pretrial 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
23non-probationable felony offenses.
24 (a) Upon verified petition by the State, the court shall
25hold a hearing and may deny to determine whether bail should be

SB4025- 213 -LRB101 20752 RLC 70439 b
1denied to a defendant pretrial release only if:
2 (1) the defendant who is charged with a forcible felony
3 offense for which a sentence of imprisonment, without
4 probation, periodic imprisonment or conditional discharge,
5 is required by law upon conviction, and when it is alleged
6 that the defendant's pretrial release poses a real and
7 present threat to a specific, identifiable person or
8 persons admission to bail poses a real and present threat
9 to the physical safety of any person or persons ;
10 (2) the defendant is charged with stalking or
11 aggravated stalking and it is alleged that the defendant's
12 pretrial release poses a real and present threat to the
13 victim of the alleged offense, and denial of release is
14 necessary to prevent fulfillment of the threat upon which
15 the charge is based;
16 (3) the alleged victim was a family or household
17 member, and the person charged, at the time of the alleged
18 offense, was subject to the terms of an order of protection
19 issued under Section 112A-14 of this Code or Section 214 of
20 the Illinois Domestic Violence Act of 1986 or previously
21 was convicted of a violation of an order of protection
22 under Section 12-3.4 or 12-30 of the Criminal Code of 1961
23 or the Criminal Code of 2012 or a violent crime if the
24 victim was a family or household member at the time of the
25 offense or a violation of a substantially similar municipal
26 ordinance or law of this or any other state or the United

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
19hold a hearing under Section 109-3 to determine whether there
20is probable cause the defendant has committed an offense,
21unless a grand jury has returned a true bill of indictment
22against the defendant. If there is a finding of no probable
23cause, the defendant shall be released. No such finding is
24necessary 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

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1for pretrial release, and the State shall bear the burden of
2proving by clear and convincing evidence that: The hearing
3shall be held immediately upon the defendant's appearance
4before the court, unless for good cause shown the defendant or
5the State seeks a continuance. A continuance on motion of the
6defendant may not exceed 5 calendar days, and a continuance on
7the motion of the State may not exceed 3 calendar days. The
8defendant may be held in custody during such continuance.
9 (b) The court may deny bail to the defendant where, after
10the hearing, it is determined that:
11 (1) the proof is evident or the presumption great that
12 the defendant has committed an offense listed in paragraphs
13 (1) through (6) of subsection (a) for which a sentence of
14 imprisonment, without probation, periodic imprisonment or
15 conditional discharge, must be imposed by law as a
16 consequence of conviction, and
17 (2) the defendant poses a real and present threat to
18 the physical safety of a specific, identifiable any person
19 or persons, by conduct which may include, but is not
20 limited to, a forcible felony, the obstruction of justice,
21 intimidation, injury, or physical harm, an offense under
22 the Illinois Controlled Substances Act which is a Class X
23 felony, or an offense under the Methamphetamine Control and
24 Community Protection Act which is a Class X felony, and
25 (3) the court finds that no condition or combination of
26 conditions set forth in subsection (b) of Section 110-10 of

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1 this Article can mitigate the specific, imminent threat to
2 a specific, identifiable , can reasonably assure the
3 physical safety of any other person or persons or the
4 defendant's willful flight.
5 (f) (c) Conduct of the hearings.
6 (1) Prior to the hearing the State shall tender to the
7 defendant copies of defendant's criminal history, if any,
8 if available, any written or recorded statements, and the
9 substance of any oral statements made by any person, if
10 relied upon by the State in its petition, and any police
11 reports in the State's Attorney's possession at the time of
12 the hearing that are required to be disclosed to the
13 defense under Illinois Supreme Court rules. The hearing on
14 the defendant's culpability and dangerousness shall be
15 conducted in accordance with the following provisions:
16 (2) The State or defendant may present evidence at the
17 hearing (A) Information used by the court in its findings
18 or stated in or offered at such hearing may be by way of
19 proffer based upon reliable information offered by the
20 State or by defendant.
21 (3) The defendant Defendant has the right to be
22 represented by counsel, and if he or she is indigent, to
23 have counsel appointed for him or her. The defendant .
24 Defendant shall have the opportunity to testify, to present
25 witnesses on in his or her own behalf, and to cross-examine
26 any witnesses that if any are called by the State.

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1 (4) If the defense seeks to call the complaining
2 witness as a witness in its favor, it shall petition the
3 court for permission. The defendant has the right to
4 present witnesses in his favor. When the ends of justice so
5 require, the court may exercise exercises its discretion
6 and compel the appearance of a complaining witness. The
7 court shall state on the record reasons for granting a
8 defense request to compel the presence of a complaining
9 witness. Cross-examination of a complaining witness at the
10 pretrial detention hearing for the purpose of impeaching
11 the witness' credibility is insufficient reason to compel
12 the presence of the witness. In deciding whether to compel
13 the appearance of a complaining witness, the court shall be
14 considerate of the emotional and physical well-being of the
15 witness. The pre-trial detention hearing is not to be used
16 for purposes of discovery, and the post arraignment rules
17 of discovery do not apply. The State shall tender to the
18 defendant, prior to the hearing, copies of defendant's
19 criminal history, if any, if available, and any written or
20 recorded statements and the substance of any oral
21 statements made by any person, if relied upon by the State
22 in its petition.
23 (5) The rules concerning the admissibility of evidence
24 in criminal trials do not apply to the presentation and
25 consideration of information at the hearing. At the trial
26 concerning the offense for which the hearing was conducted

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1 neither the finding of the court nor any transcript or
2 other record of the hearing shall be admissible in the
3 State's case in chief, but shall be admissible for
4 impeachment, or as provided in Section 115-10.1 of this
5 Code, or in a perjury proceeding.
6 (6) The (B) A motion by the defendant may not move to
7 suppress evidence or to suppress a confession, however,
8 evidence shall not be entertained. Evidence that proof of
9 the charged crime may have been obtained as the result of
10 an unlawful search or and seizure, or both, or through
11 improper interrogation, is not relevant in assessing the
12 weight of the evidence against the defendant to this state
13 of the prosecution.
14 (2) The facts relied upon by the court to support a
15 finding that the defendant poses a real and present threat
16 to the physical safety of any person or persons shall be
17 supported by clear and convincing evidence presented by the
18 State.
19 (g) (d) Factors to be considered in making a determination
20of dangerousness. The court may, in determining whether the
21defendant poses a specific, imminent real and present threat of
22serious to the physical harm to an identifiable safety of any
23person or persons, consider but shall not be limited to
24evidence 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
12detention:
13 (1) briefly summarize the evidence of the defendant's
14 guilt or innocence, culpability and the court's its reasons
15 for concluding that the defendant should be denied pretrial
16 release held without bail;
17 (2) direct that the defendant be committed to the
18 custody of the sheriff for confinement in the county jail
19 pending trial;
20 (3) direct that the defendant be given a reasonable
21 opportunity for private consultation with counsel, and for
22 communication with others of his or her choice by
23 visitation, mail and telephone; and
24 (4) direct that the sheriff deliver the defendant as
25 required for appearances in connection with court
26 proceedings.

SB4025- 223 -LRB101 20752 RLC 70439 b
1 (i) Detention. (f) If the court enters an order for the
2detention of the defendant pursuant to subsection (e) of this
3Section, the defendant shall be brought to trial on the offense
4for which he is detained within 90 days after the date on which
5the order for detention was entered. If the defendant is not
6brought to trial within the 90 day period required by the
7preceding sentence, he shall not be denied pretrial release
8held longer without bail. In computing the 90 day period, the
9court shall omit any period of delay resulting from a
10continuance granted at the request of the defendant.
11 (j) (g) Rights of the defendant. Any person shall be
12entitled to appeal any order entered under this Section denying
13pretrial release bail to the defendant.
14 (k) Appeal. (h) The State may appeal any order entered
15under this Section denying any motion for denial of pretrial
16release bail.
17 (l) Presumption of innocence. (i) Nothing in this Section
18shall be construed as modifying or limiting in any way the
19defendant's presumption of innocence in further criminal
20proceedings.
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
24and aggravated stalking offenses.
25 (a) Upon verified petition by the State, the court shall

SB4025- 224 -LRB101 20752 RLC 70439 b
1hold a hearing to determine whether pretrial release bail
2should be denied to a defendant who is charged with stalking or
3aggravated stalking, when it is alleged that the defendant's
4admission to pretrial release bail poses a real and present
5threat to the physical safety of the alleged victim of the
6offense, and denial of pretrial release on bail or personal
7recognizance is necessary to prevent fulfillment of the threat
8upon 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
8defendant 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

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1 fulfillment of the threat upon which the charge is
2 based;
3 shall be supported by clear and convincing evidence
4 presented by the State.
5 (d) Factors to be considered in making a determination of
6the threat to the alleged victim of the offense. The court may,
7in determining whether the defendant poses, at the time of the
8hearing, a real and present threat to the physical safety of
9the alleged victim of the offense, consider but shall not be
10limited 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 reasona