HB1095 EnrolledLRB102 03109 RLC 13122 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 2. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.35 as follows:
 
6    (5 ILCS 100/5-45.35 new)
7    Sec. 5-45.35. Emergency rulemaking; public defender grant
8program. To provide for the expeditious and timely
9implementation of Section 3-4014 of the Counties Code,
10emergency rules implementing the public defender grant program
11established under that Section may be adopted in accordance
12with Section 5-45 by the Administrative Office of the Illinois
13Courts. The adoption of emergency rules authorized by Section
145-45 and this Section is deemed to be necessary for the public
15interest, safety, and welfare.
16    This Section is repealed one year after the effective date
17of this amendatory Act of the 102nd General Assembly.
 
18    Section 5. The Freedom of Information Act is amended by
19changing Section 2.15 as follows:
 
20    (5 ILCS 140/2.15)
21    (Text of Section before amendment by P.A. 101-652)

 

 

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1    Sec. 2.15. Arrest reports and criminal history records.
2    (a) Arrest reports. The following chronologically
3maintained arrest and criminal history information maintained
4by State or local criminal justice agencies shall be furnished
5as soon as practical, but in no event later than 72 hours after
6the arrest, notwithstanding the time limits otherwise provided
7for in Section 3 of this Act: (i) information that identifies
8the individual, including the name, age, address, and
9photograph, when and if available; (ii) information detailing
10any charges relating to the arrest; (iii) the time and
11location of the arrest; (iv) the name of the investigating or
12arresting law enforcement agency; (v) if the individual is
13incarcerated, the amount of any bail or bond; and (vi) if the
14individual is incarcerated, the time and date that the
15individual was received into, discharged from, or transferred
16from the arresting agency's custody.
17    (b) Criminal history records. The following documents
18maintained by a public body pertaining to criminal history
19record information are public records subject to inspection
20and copying by the public pursuant to this Act: (i) court
21records that are public; (ii) records that are otherwise
22available under State or local law; and (iii) records in which
23the requesting party is the individual identified, except as
24provided under Section 7(1)(d)(vi).
25    (c) Information described in items (iii) through (vi) of
26subsection (a) may be withheld if it is determined that

 

 

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1disclosure would: (i) interfere with pending or actually and
2reasonably contemplated law enforcement proceedings conducted
3by any law enforcement agency; (ii) endanger the life or
4physical safety of law enforcement or correctional personnel
5or any other person; or (iii) compromise the security of any
6correctional facility.
7    (d) The provisions of this Section do not supersede the
8confidentiality provisions for law enforcement or arrest
9records of the Juvenile Court Act of 1987.
10    (e) Notwithstanding the requirements of subsection (a), a
11law enforcement agency may not publish booking photographs,
12commonly known as "mugshots", on its social networking website
13in connection with civil offenses, petty offenses, business
14offenses, Class C misdemeanors, and Class B misdemeanors
15unless the booking photograph is posted to the social
16networking website to assist in the search for a missing
17person or to assist in the search for a fugitive, person of
18interest, or individual wanted in relation to a crime other
19than a petty offense, business offense, Class C misdemeanor,
20or Class B misdemeanor. As used in this subsection, "social
21networking website" has the meaning provided in Section 10 of
22the Right to Privacy in the Workplace Act.
23(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
 
24    (Text of Section after amendment by P.A. 101-652)
25    Sec. 2.15. Arrest reports and criminal history records.

 

 

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1    (a) Arrest reports. The following chronologically
2maintained arrest and criminal history information maintained
3by State or local criminal justice agencies shall be furnished
4as soon as practical, but in no event later than 72 hours after
5the arrest, notwithstanding the time limits otherwise provided
6for in Section 3 of this Act: (i) information that identifies
7the individual, including the name, age, address, and
8photograph, when and if available; (ii) information detailing
9any charges relating to the arrest; (iii) the time and
10location of the arrest; (iv) the name of the investigating or
11arresting law enforcement agency; (v) (blank) if the
12individual is incarcerated, the conditions of pretrial
13release; and (vi) if the individual is incarcerated, the time
14and date that the individual was received into, discharged
15from, or transferred from the arresting agency's custody.
16    (b) Criminal history records. The following documents
17maintained by a public body pertaining to criminal history
18record information are public records subject to inspection
19and copying by the public pursuant to this Act: (i) court
20records that are public; (ii) records that are otherwise
21available under State or local law; and (iii) records in which
22the requesting party is the individual identified, except as
23provided under Section 7(1)(d)(vi).
24    (c) Information described in items (iii) through (vi) of
25subsection (a) may be withheld if it is determined that
26disclosure would: (i) interfere with pending or actually and

 

 

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1reasonably contemplated law enforcement proceedings conducted
2by any law enforcement agency; (ii) endanger the life or
3physical safety of law enforcement or correctional personnel
4or any other person; or (iii) compromise the security of any
5correctional facility.
6    (d) The provisions of this Section do not supersede the
7confidentiality provisions for law enforcement or arrest
8records of the Juvenile Court Act of 1987.
9    (e) Notwithstanding the requirements of subsection (a), a
10law enforcement agency may not publish booking photographs,
11commonly known as "mugshots", on its social networking website
12in connection with civil offenses, petty offenses, business
13offenses, Class C misdemeanors, and Class B misdemeanors
14unless the booking photograph is posted to the social
15networking website to assist in the search for a missing
16person or to assist in the search for a fugitive, person of
17interest, or individual wanted in relation to a crime other
18than a petty offense, business offense, Class C misdemeanor,
19or Class B misdemeanor. As used in this subsection, "social
20networking website" has the meaning provided in Section 10 of
21the Right to Privacy in the Workplace Act.
22(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19;
23101-652, eff. 1-1-23.)
 
24    Section 10. The State Records Act is amended by changing
25Section 4a as follows:
 

 

 

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1    (5 ILCS 160/4a)
2    (Text of Section before amendment by P.A. 101-652)
3    Sec. 4a. Arrest records and reports.
4    (a) When an individual is arrested, the following
5information must be made available to the news media for
6inspection and copying:
7        (1) Information that identifies the individual,
8    including the name, age, address, and photograph, when and
9    if available.
10        (2) Information detailing any charges relating to the
11    arrest.
12        (3) The time and location of the arrest.
13        (4) The name of the investigating or arresting law
14    enforcement agency.
15        (5) If the individual is incarcerated, the amount of
16    any bail or bond.
17        (6) If the individual is incarcerated, the time and
18    date that the individual was received, discharged, or
19    transferred from the arresting agency's custody.
20    (b) The information required by this Section must be made
21available to the news media for inspection and copying as soon
22as practicable, but in no event shall the time period exceed 72
23hours from the arrest. The information described in paragraphs
24(3), (4), (5), and (6) of subsection (a), however, may be
25withheld if it is determined that disclosure would:

 

 

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1        (1) interfere with pending or actually and reasonably
2    contemplated law enforcement proceedings conducted by any
3    law enforcement or correctional agency;
4        (2) endanger the life or physical safety of law
5    enforcement or correctional personnel or any other person;
6    or
7        (3) compromise the security of any correctional
8    facility.
9    (c) For the purposes of this Section, the term "news
10media" means personnel of a newspaper or other periodical
11issued at regular intervals whether in print or electronic
12format, a news service whether in print or electronic format,
13a radio station, a television station, a television network, a
14community antenna television service, or a person or
15corporation engaged in making news reels or other motion
16picture news for public showing.
17    (d) Each law enforcement or correctional agency may charge
18fees for arrest records, but in no instance may the fee exceed
19the actual cost of copying and reproduction. The fees may not
20include the cost of the labor used to reproduce the arrest
21record.
22    (e) The provisions of this Section do not supersede the
23confidentiality provisions for arrest records of the Juvenile
24Court Act of 1987.
25    (f) All information, including photographs, made available
26under this Section is subject to the provisions of Section

 

 

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12QQQ of the Consumer Fraud and Deceptive Business Practices
2Act.
3    (g) Notwithstanding the requirements of subsection (a), a
4law enforcement agency may not publish booking photographs,
5commonly known as "mugshots", on its social networking website
6in connection with civil offenses, petty offenses, business
7offenses, Class C misdemeanors, and Class B misdemeanors
8unless the booking photograph is posted to the social
9networking website to assist in the search for a missing
10person or to assist in the search for a fugitive, person of
11interest, or individual wanted in relation to a crime other
12than a petty offense, business offense, Class C misdemeanor,
13or Class B misdemeanor. As used in this subsection, "social
14networking website" has the meaning provided in Section 10 of
15the Right to Privacy in the Workplace Act.
16(Source: P.A. 101-433, eff. 8-20-19.)
 
17    (Text of Section after amendment by P.A. 101-652)
18    Sec. 4a. Arrest records and reports.
19    (a) When an individual is arrested, the following
20information must be made available to the news media for
21inspection and copying:
22        (1) Information that identifies the individual,
23    including the name, age, address, and photograph, when and
24    if available.
25        (2) Information detailing any charges relating to the

 

 

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

 

 

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1format, a news service whether in print or electronic format,
2a radio station, a television station, a television network, a
3community antenna television service, or a person or
4corporation engaged in making news reels or other motion
5picture news for public showing.
6    (d) Each law enforcement or correctional agency may charge
7fees for arrest records, but in no instance may the fee exceed
8the actual cost of copying and reproduction. The fees may not
9include the cost of the labor used to reproduce the arrest
10record.
11    (e) The provisions of this Section do not supersede the
12confidentiality provisions for arrest records of the Juvenile
13Court Act of 1987.
14    (f) All information, including photographs, made available
15under this Section is subject to the provisions of Section
162QQQ of the Consumer Fraud and Deceptive Business Practices
17Act.
18    (g) Notwithstanding the requirements of subsection (a), a
19law enforcement agency may not publish booking photographs,
20commonly known as "mugshots", on its social networking website
21in connection with civil offenses, petty offenses, business
22offenses, Class C misdemeanors, and Class B misdemeanors
23unless the booking photograph is posted to the social
24networking website to assist in the search for a missing
25person or to assist in the search for a fugitive, person of
26interest, or individual wanted in relation to a crime other

 

 

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1than a petty offense, business offense, Class C misdemeanor,
2or Class B misdemeanor. As used in this subsection, "social
3networking website" has the meaning provided in Section 10 of
4the Right to Privacy in the Workplace Act.
5(Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23.)
 
6    Section 15. The Illinois State Police Law of the Civil
7Administrative Code of Illinois is amended by changing Section
82605-302 as follows:
 
9    (20 ILCS 2605/2605-302)  (was 20 ILCS 2605/55a in part)
10    (Text of Section before amendment by P.A. 101-652)
11    Sec. 2605-302. Arrest reports.
12    (a) When an individual is arrested, the following
13information must be made available to the news media for
14inspection and copying:
15        (1) Information that identifies the individual,
16    including the name, age, address, and photograph, when and
17    if available.
18        (2) Information detailing any charges relating to the
19    arrest.
20        (3) The time and location of the arrest.
21        (4) The name of the investigating or arresting law
22    enforcement agency.
23        (5) If the individual is incarcerated, the amount of
24    any bail or bond.

 

 

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1        (6) If the individual is incarcerated, the time and
2    date that the individual was received, discharged, or
3    transferred from the arresting agency's custody.
4    (b) The information required by this Section must be made
5available to the news media for inspection and copying as soon
6as practicable, but in no event shall the time period exceed 72
7hours from the arrest. The information described in items (3),
8(4), (5), and (6) of subsection (a), however, may be withheld
9if it is determined that disclosure would (i) interfere with
10pending or actually and reasonably contemplated law
11enforcement proceedings conducted by any law enforcement or
12correctional agency; (ii) endanger the life or physical safety
13of law enforcement or correctional personnel or any other
14person; or (iii) compromise the security of any correctional
15facility.
16    (c) For the purposes of this Section, the term "news
17media" means personnel of a newspaper or other periodical
18issued at regular intervals whether in print or electronic
19format, a news service whether in print or electronic format,
20a radio station, a television station, a television network, a
21community antenna television service, or a person or
22corporation engaged in making news reels or other motion
23picture news for public showing.
24    (d) Each law enforcement or correctional agency may charge
25fees for arrest records, but in no instance may the fee exceed
26the actual cost of copying and reproduction. The fees may not

 

 

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1include the cost of the labor used to reproduce the arrest
2record.
3    (e) The provisions of this Section do not supersede the
4confidentiality provisions for arrest records of the Juvenile
5Court Act of 1987.
6(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
7incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02.)
 
8    (Text of Section after amendment by P.A. 101-652)
9    Sec. 2605-302. Arrest reports.
10    (a) When an individual is arrested, the following
11information must be made available to the news media for
12inspection and copying:
13        (1) Information that identifies the individual,
14    including the name, age, address, and photograph, when and
15    if available.
16        (2) Information detailing any charges relating to the
17    arrest.
18        (3) The time and location of the arrest.
19        (4) The name of the investigating or arresting law
20    enforcement agency.
21        (5) (Blank). If the individual is incarcerated, the
22    conditions of pretrial release.
23        (6) If the individual is incarcerated, the time and
24    date that the individual was received, discharged, or
25    transferred from the arresting agency's custody.

 

 

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1    (b) The information required by this Section must be made
2available to the news media for inspection and copying as soon
3as practicable, but in no event shall the time period exceed 72
4hours from the arrest. The information described in items (3),
5(4), (5), and (6) of subsection (a), however, may be withheld
6if it is determined that disclosure would (i) interfere with
7pending or actually and reasonably contemplated law
8enforcement proceedings conducted by any law enforcement or
9correctional agency; (ii) endanger the life or physical safety
10of law enforcement or correctional personnel or any other
11person; or (iii) compromise the security of any correctional
12facility.
13    (c) For the purposes of this Section, the term "news
14media" means personnel of a newspaper or other periodical
15issued at regular intervals whether in print or electronic
16format, a news service whether in print or electronic format,
17a radio station, a television station, a television network, a
18community antenna television service, or a person or
19corporation engaged in making news reels or other motion
20picture news for public showing.
21    (d) Each law enforcement or correctional agency may charge
22fees for arrest records, but in no instance may the fee exceed
23the actual cost of copying and reproduction. The fees may not
24include the cost of the labor used to reproduce the arrest
25record.
26    (e) The provisions of this Section do not supersede the

 

 

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1confidentiality provisions for arrest records of the Juvenile
2Court Act of 1987.
3(Source: P.A. 101-652, eff. 1-1-23.)
 
4    Section 20. The Illinois Criminal Justice Information Act
5is amended by changing Section 7.7 as follows:
 
6    (20 ILCS 3930/7.7)
7    Sec. 7.7. Pretrial data collection.
8    (a) The Administrative Director of the Administrative
9Office of the Illinois Courts shall convene an oversight board
10to be known as the Pretrial Practices Data Oversight Board to
11oversee the collection and analysis of data regarding pretrial
12practices in circuit court systems. The Board shall include,
13but is not limited to, designees from the Administrative
14Office of the Illinois Courts, the Illinois Criminal Justice
15Information Authority, and other entities that possess
16knowledge of pretrial practices and data collection issues.
17Members of the Board shall serve without compensation.
18    (b) The Oversight Board shall:
19        (1) identify existing pretrial data collection
20    processes in local jurisdictions;
21        (2) define, gather and maintain records of pretrial
22    data relating to the topics listed in subsection (c) from
23    circuit clerks' offices, sheriff's departments, law
24    enforcement agencies, jails, pretrial departments,

 

 

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1    probation department, prosecutors' State's Attorneys'
2    offices, public defenders' offices and other applicable
3    criminal justice system agencies;
4        (3) identify resources necessary to systematically
5    collect and report data related to the topics listed in
6    subsection (c); and
7        (4) develop a plan to implement data collection
8    processes sufficient to collect data on the topics listed
9    in subsection (c) no later than one year after July 1, 2021
10    (the effective date of Public Act 101-652). The plan and,
11    once implemented, the reports and analysis shall be
12    published and made publicly available on the
13    Administrative Office of the Illinois Courts (AOIC)
14    website.
15    (c) The Pretrial Practices Data Oversight Board shall
16develop a strategy to collect quarterly, county-level data on
17the following topics; which collection of data shall begin
18starting one year after July 1, 2021 (the effective date of
19Public Act 101-652):
20        (1) information on all persons arrested and charged
21    with misdemeanor or felony charges, or both, including
22    information on persons released directly from law
23    enforcement custody;
24        (2) information on the outcomes of pretrial conditions
25    and pretrial detention hearings in the county courts,
26    including but not limited to the number of hearings held,

 

 

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1    the number of defendants detained, the number of
2    defendants released, and the number of defendants released
3    with electronic monitoring, and, beginning January 1,
4    2023, information comparing detention hearing outcomes
5    when the hearing is held in person and by two-way
6    audio-visual communication;
7        (3) information regarding persons detained in the
8    county jail pretrial, including, but not limited to, the
9    number of persons detained in the jail pretrial and the
10    number detained in the jail for other reasons, the
11    demographics of the pretrial jail population, race, sex,
12    sexual orientation, gender identity, age, and ethnicity,
13    the charges including on which pretrial defendants are
14    detained, the average length of stay of pretrial
15    defendants;
16        (4) information regarding persons placed on electronic
17    monitoring programs pretrial, including, but not limited
18    to, the number of participants, the demographics of the
19    participant population, including race, sex, sexual
20    orientation, gender identity, age, and ethnicity, the
21    charges on which participants are ordered to the program,
22    and the average length of participation in the program;
23        (5) discharge data regarding persons detained pretrial
24    in the county jail, including, but not limited to, the
25    number who are sentenced to the Illinois Department of
26    Corrections, the number released after being sentenced to

 

 

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

 

 

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1    Oversight Board considers important and probative of the
2    effectiveness of pretrial practices in the State of
3    Illinois.
4    (d) Circuit clerks' offices, sheriff's departments, law
5enforcement agencies, jails, pretrial departments, probation
6department, State's Attorneys' offices, public defenders'
7offices and other applicable criminal justice system agencies
8are mandated to provide data to the Administrative Office of
9the Illinois Courts as described in subsection (c).
10(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)
 
11    Section 22. The State Finance Act is amended by adding
12Section 5.990 as follows:
 
13    (30 ILCS 105/5.990 new)
14    Sec. 5.990. The Public Defender Fund.
 
15    Section 25. The Local Records Act is amended by changing
16Section 3b as follows:
 
17    (50 ILCS 205/3b)
18    (Text of Section before amendment by P.A. 101-652)
19    Sec. 3b. Arrest records and reports.
20    (a) When an individual is arrested, the following
21information must be made available to the news media for
22inspection and copying:

 

 

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1        (1) Information that identifies the individual,
2    including the name, age, address, and photograph, when and
3    if available.
4        (2) Information detailing any charges relating to the
5    arrest.
6        (3) The time and location of the arrest.
7        (4) The name of the investigating or arresting law
8    enforcement agency.
9        (5) If the individual is incarcerated, the amount of
10    any bail or bond.
11        (6) If the individual is incarcerated, the time and
12    date that the individual was received, discharged, or
13    transferred from the arresting agency's custody.
14    (b) The information required by this Section must be made
15available to the news media for inspection and copying as soon
16as practicable, but in no event shall the time period exceed 72
17hours from the arrest. The information described in paragraphs
18(3), (4), (5), and (6) of subsection (a), however, may be
19withheld if it is determined that disclosure would:
20        (1) interfere with pending or actually and reasonably
21    contemplated law enforcement proceedings conducted by any
22    law enforcement or correctional agency;
23        (2) endanger the life or physical safety of law
24    enforcement or correctional personnel or any other person;
25    or
26        (3) compromise the security of any correctional

 

 

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1    facility.
2    (c) For the purposes of this Section the term "news media"
3means personnel of a newspaper or other periodical issued at
4regular intervals whether in print or electronic format, a
5news service whether in print or electronic format, a radio
6station, a television station, a television network, a
7community antenna television service, or a person or
8corporation engaged in making news reels or other motion
9picture news for public showing.
10    (d) Each law enforcement or correctional agency may charge
11fees for arrest records, but in no instance may the fee exceed
12the actual cost of copying and reproduction. The fees may not
13include the cost of the labor used to reproduce the arrest
14record.
15    (e) The provisions of this Section do not supersede the
16confidentiality provisions for arrest records of the Juvenile
17Court Act of 1987.
18    (f) All information, including photographs, made available
19under this Section is subject to the provisions of Section
202QQQ of the Consumer Fraud and Deceptive Business Practices
21Act.
22(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)
 
23    (Text of Section after amendment by P.A. 101-652)
24    Sec. 3b. Arrest records and reports.
25    (a) When an individual is arrested, the following

 

 

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1information must be made available to the news media for
2inspection and copying:
3        (1) Information that identifies the individual,
4    including the name, age, address, and photograph, when and
5    if available.
6        (2) Information detailing any charges relating to the
7    arrest.
8        (3) The time and location of the arrest.
9        (4) The name of the investigating or arresting law
10    enforcement agency.
11        (5) (Blank). If the individual is incarcerated, the
12    conditions of pretrial release.
13        (6) If the individual is incarcerated, the time and
14    date that the individual was received, discharged, or
15    transferred from the arresting agency's custody.
16    (b) The information required by this Section must be made
17available to the news media for inspection and copying as soon
18as practicable, but in no event shall the time period exceed 72
19hours from the arrest. The information described in paragraphs
20(3), (4), (5), and (6) of subsection (a), however, may be
21withheld if it is determined that disclosure would:
22        (1) interfere with pending or actually and reasonably
23    contemplated law enforcement proceedings conducted by any
24    law enforcement or correctional agency;
25        (2) endanger the life or physical safety of law
26    enforcement or correctional personnel or any other person;

 

 

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1    or
2        (3) compromise the security of any correctional
3    facility.
4    (c) For the purposes of this Section the term "news media"
5means personnel of a newspaper or other periodical issued at
6regular intervals whether in print or electronic format, a
7news service whether in print or electronic format, a radio
8station, a television station, a television network, a
9community antenna television service, or a person or
10corporation engaged in making news reels or other motion
11picture news for public showing.
12    (d) Each law enforcement or correctional agency may charge
13fees for arrest records, but in no instance may the fee exceed
14the actual cost of copying and reproduction. The fees may not
15include the cost of the labor used to reproduce the arrest
16record.
17    (e) The provisions of this Section do not supersede the
18confidentiality provisions for arrest records of the Juvenile
19Court Act of 1987.
20    (f) All information, including photographs, made available
21under this Section is subject to the provisions of Section
222QQQ of the Consumer Fraud and Deceptive Business Practices
23Act.
24(Source: P.A. 101-652, eff. 1-1-23.)
 
25    Section 30. The Law Enforcement Officer-Worn Body Camera

 

 

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1Act is amended by changing Sections 10-10, 10-15, 10-20, and
210-25 as follows:
 
3    (50 ILCS 706/10-10)
4    Sec. 10-10. Definitions. As used in this Act:
5    "Badge" means an officer's department issued
6identification number associated with his or her position as a
7police officer with that department.
8    "Board" means the Illinois Law Enforcement Training
9Standards Board created by the Illinois Police Training Act.
10    "Business offense" means a petty offense for which the
11fine is in excess of $1,000.
12    "Community caretaking function" means a task undertaken by
13a law enforcement officer in which the officer is performing
14an articulable act unrelated to the investigation of a crime.
15"Community caretaking function" includes, but is not limited
16to, participating in town halls or other community outreach,
17helping a child find his or her parents, providing death
18notifications, and performing in-home or hospital well-being
19checks on the sick, elderly, or persons presumed missing.
20"Community caretaking function" excludes law
21enforcement-related encounters or activities.
22    "Fund" means the Law Enforcement Camera Grant Fund.
23    "In uniform" means a law enforcement officer who is
24wearing any officially authorized uniform designated by a law
25enforcement agency, or a law enforcement officer who is

 

 

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1visibly wearing articles of clothing, a badge, tactical gear,
2gun belt, a patch, or other insignia that he or she is a law
3enforcement officer acting in the course of his or her duties.
4    "Law enforcement officer" or "officer" means any person
5employed by a State, county, municipality, special district,
6college, unit of government, or any other entity authorized by
7law to employ peace officers or exercise police authority and
8who is primarily responsible for the prevention or detection
9of crime and the enforcement of the laws of this State.
10    "Law enforcement agency" means all State agencies with law
11enforcement officers, county sheriff's offices, municipal,
12special district, college, or unit of local government police
13departments.
14    "Law enforcement-related encounters or activities"
15include, but are not limited to, traffic stops, pedestrian
16stops, arrests, searches, interrogations, investigations,
17pursuits, crowd control, traffic control, non-community
18caretaking interactions with an individual while on patrol, or
19any other instance in which the officer is enforcing the laws
20of the municipality, county, or State. "Law
21enforcement-related encounter or activities" does not include
22when the officer is completing paperwork alone, is
23participating in training in a classroom setting, or is only
24in the presence of another law enforcement officer.
25    "Minor traffic offense" means a petty offense, business
26offense, or Class C misdemeanor under the Illinois Vehicle

 

 

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1Code or a similar provision of a municipal or local ordinance.
2    "Officer-worn body camera" means an electronic camera
3system for creating, generating, sending, receiving, storing,
4displaying, and processing audiovisual recordings that may be
5worn about the person of a law enforcement officer.
6    "Peace officer" has the meaning provided in Section 2-13
7of the Criminal Code of 2012.
8    "Petty offense" means any offense for which a sentence of
9imprisonment is not an authorized disposition.
10    "Recording" means the process of capturing data or
11information stored on a recording medium as required under
12this Act.
13    "Recording medium" means any recording medium authorized
14by the Board for the retention and playback of recorded audio
15and video including, but not limited to, VHS, DVD, hard drive,
16cloud storage, solid state, digital, flash memory technology,
17or any other electronic medium.
18(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
19    (50 ILCS 706/10-15)
20    Sec. 10-15. Applicability.
21    (a) All law enforcement agencies must employ the use of
22officer-worn body cameras in accordance with the provisions of
23this Act, whether or not the agency receives or has received
24monies from the Law Enforcement Camera Grant Fund.
25    (b) Except as provided in subsection (b-5), all All law

 

 

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1enforcement agencies must implement the use of body cameras
2for all law enforcement officers, according to the following
3schedule:
4        (1) for municipalities and counties with populations
5    of 500,000 or more, body cameras shall be implemented by
6    January 1, 2022;
7        (2) for municipalities and counties with populations
8    of 100,000 or more but under 500,000, body cameras shall
9    be implemented by January 1, 2023;
10        (3) for municipalities and counties with populations
11    of 50,000 or more but under 100,000, body cameras shall be
12    implemented by January 1, 2024;
13        (4) for municipalities and counties under 50,000, body
14    cameras shall be implemented by January 1, 2025; and
15        (5) for all State agencies with law enforcement
16    officers and other remaining law enforcement agencies,
17    body cameras shall be implemented by January 1, 2025.
18    (b-5) If a law enforcement agency that serves a
19municipality with a population of at least 100,000 but not
20more than 500,000 or a law enforcement agency that serves a
21county with a population of at least 100,000 but not more than
22500,000 has ordered by October 1, 2022 or purchased by that
23date officer-worn body cameras for use by the law enforcement
24agency, then the law enforcement agency may implement the use
25of body cameras for all of its law enforcement officers by no
26later than July 1, 2023. Records of purchase within this

 

 

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1timeline shall be submitted to the Illinois Law Enforcement
2Training Standards Board by January 1, 2023.
3    (c) A law enforcement agency's compliance with the
4requirements under this Section shall receive preference by
5the Illinois Law Enforcement Training Standards Board in
6awarding grant funding under the Law Enforcement Camera Grant
7Act.
8    (d) This Section does not apply to court security
9officers, State's Attorney investigators, and Attorney General
10investigators.
11(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
 
12    (50 ILCS 706/10-20)
13    Sec. 10-20. Requirements.
14    (a) The Board shall develop basic guidelines for the use
15of officer-worn body cameras by law enforcement agencies. The
16guidelines developed by the Board shall be the basis for the
17written policy which must be adopted by each law enforcement
18agency which employs the use of officer-worn body cameras. The
19written policy adopted by the law enforcement agency must
20include, at a minimum, all of the following:
21        (1) Cameras must be equipped with pre-event recording,
22    capable of recording at least the 30 seconds prior to
23    camera activation, unless the officer-worn body camera was
24    purchased and acquired by the law enforcement agency prior
25    to July 1, 2015.

 

 

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1        (2) Cameras must be capable of recording for a period
2    of 10 hours or more, unless the officer-worn body camera
3    was purchased and acquired by the law enforcement agency
4    prior to July 1, 2015.
5        (3) Cameras must be turned on at all times when the
6    officer is in uniform and is responding to calls for
7    service or engaged in any law enforcement-related
8    encounter or activity that occurs while the officer is on
9    duty.
10            (A) If exigent circumstances exist which prevent
11        the camera from being turned on, the camera must be
12        turned on as soon as practicable.
13            (B) Officer-worn body cameras may be turned off
14        when the officer is inside of a patrol car which is
15        equipped with a functioning in-car camera; however,
16        the officer must turn on the camera upon exiting the
17        patrol vehicle for law enforcement-related encounters.
18            (C) Officer-worn body cameras may be turned off
19        when the officer is inside a correctional facility or
20        courthouse which is equipped with a functioning camera
21        system.
22        (4) Cameras must be turned off when:
23            (A) the victim of a crime requests that the camera
24        be turned off, and unless impractical or impossible,
25        that request is made on the recording;
26            (B) a witness of a crime or a community member who

 

 

HB1095 Enrolled- 30 -LRB102 03109 RLC 13122 b

1        wishes to report a crime requests that the camera be
2        turned off, and unless impractical or impossible that
3        request is made on the recording;
4            (C) the officer is interacting with a confidential
5        informant used by the law enforcement agency; or
6            (D) an officer of the Department of Revenue enters
7        a Department of Revenue facility or conducts an
8        interview during which return information will be
9        discussed or visible.
10        However, an officer may continue to record or resume
11    recording a victim or a witness, if exigent circumstances
12    exist, or if the officer has reasonable articulable
13    suspicion that a victim or witness, or confidential
14    informant has committed or is in the process of committing
15    a crime. Under these circumstances, and unless impractical
16    or impossible, the officer must indicate on the recording
17    the reason for continuing to record despite the request of
18    the victim or witness.
19        (4.5) Cameras may be turned off when the officer is
20    engaged in community caretaking functions. However, the
21    camera must be turned on when the officer has reason to
22    believe that the person on whose behalf the officer is
23    performing a community caretaking function has committed
24    or is in the process of committing a crime. If exigent
25    circumstances exist which prevent the camera from being
26    turned on, the camera must be turned on as soon as

 

 

HB1095 Enrolled- 31 -LRB102 03109 RLC 13122 b

1    practicable.
2        (5) The officer must provide notice of recording to
3    any person if the person has a reasonable expectation of
4    privacy and proof of notice must be evident in the
5    recording. If exigent circumstances exist which prevent
6    the officer from providing notice, notice must be provided
7    as soon as practicable.
8        (6) (A) For the purposes of redaction, labeling, or
9    duplicating recordings, access to camera recordings shall
10    be restricted to only those personnel responsible for
11    those purposes. The recording officer or his or her
12    supervisor may not redact, label, duplicate, or otherwise
13    alter the recording officer's camera recordings. Except as
14    otherwise provided in this Section, the recording officer
15    and his or her supervisor may access and review recordings
16    prior to completing incident reports or other
17    documentation, provided that the supervisor discloses that
18    fact in the report or documentation.
19            (i) A law enforcement officer shall not have
20        access to or review his or her body-worn camera
21        recordings or the body-worn camera recordings of
22        another officer prior to completing incident reports
23        or other documentation when the officer:
24                (a) has been involved in or is a witness to an
25            officer-involved shooting, use of deadly force
26            incident, or use of force incidents resulting in

 

 

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1            great bodily harm;
2                (b) is ordered to write a report in response
3            to or during the investigation of a misconduct
4            complaint against the officer.
5            (ii) If the officer subject to subparagraph (i)
6        prepares a report, any report shall be prepared
7        without viewing body-worn camera recordings, and
8        subject to supervisor's approval, officers may file
9        amendatory reports after viewing body-worn camera
10        recordings. Supplemental reports under this provision
11        shall also contain documentation regarding access to
12        the video footage.
13            (B) The recording officer's assigned field
14        training officer may access and review recordings for
15        training purposes. Any detective or investigator
16        directly involved in the investigation of a matter may
17        access and review recordings which pertain to that
18        investigation but may not have access to delete or
19        alter such recordings.
20        (7) Recordings made on officer-worn cameras must be
21    retained by the law enforcement agency or by the camera
22    vendor used by the agency, on a recording medium for a
23    period of 90 days.
24            (A) Under no circumstances shall any recording,
25        except for a non-law enforcement related activity or
26        encounter, made with an officer-worn body camera be

 

 

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1        altered, erased, or destroyed prior to the expiration
2        of the 90-day storage period. In the event any
3        recording made with an officer-worn body camera is
4        altered, erased, or destroyed prior to the expiration
5        of the 90-day storage period, the law enforcement
6        agency shall maintain, for a period of one year, a
7        written record including (i) the name of the
8        individual who made such alteration, erasure, or
9        destruction, and (ii) the reason for any such
10        alteration, erasure, or destruction.
11            (B) Following the 90-day storage period, any and
12        all recordings made with an officer-worn body camera
13        must be destroyed, unless any encounter captured on
14        the recording has been flagged. An encounter is deemed
15        to be flagged when:
16                (i) a formal or informal complaint has been
17            filed;
18                (ii) the officer discharged his or her firearm
19            or used force during the encounter;
20                (iii) death or great bodily harm occurred to
21            any person in the recording;
22                (iv) the encounter resulted in a detention or
23            an arrest, excluding traffic stops which resulted
24            in only a minor traffic offense or business
25            offense;
26                (v) the officer is the subject of an internal

 

 

HB1095 Enrolled- 34 -LRB102 03109 RLC 13122 b

1            investigation or otherwise being investigated for
2            possible misconduct;
3                (vi) the supervisor of the officer,
4            prosecutor, defendant, or court determines that
5            the encounter has evidentiary value in a criminal
6            prosecution; or
7                (vii) the recording officer requests that the
8            video be flagged for official purposes related to
9            his or her official duties or believes it may have
10            evidentiary value in a criminal prosecution.
11            (C) Under no circumstances shall any recording
12        made with an officer-worn body camera relating to a
13        flagged encounter be altered or destroyed prior to 2
14        years after the recording was flagged. If the flagged
15        recording was used in a criminal, civil, or
16        administrative proceeding, the recording shall not be
17        destroyed except upon a final disposition and order
18        from the court.
19            (D) Nothing in this Act prohibits law enforcement
20        agencies from labeling officer-worn body camera video
21        within the recording medium; provided that the
22        labeling does not alter the actual recording of the
23        incident captured on the officer-worn body camera. The
24        labels, titles, and tags shall not be construed as
25        altering the officer-worn body camera video in any
26        way.

 

 

HB1095 Enrolled- 35 -LRB102 03109 RLC 13122 b

1        (8) Following the 90-day storage period, recordings
2    may be retained if a supervisor at the law enforcement
3    agency designates the recording for training purposes. If
4    the recording is designated for training purposes, the
5    recordings may be viewed by officers, in the presence of a
6    supervisor or training instructor, for the purposes of
7    instruction, training, or ensuring compliance with agency
8    policies.
9        (9) Recordings shall not be used to discipline law
10    enforcement officers unless:
11            (A) a formal or informal complaint of misconduct
12        has been made;
13            (B) a use of force incident has occurred;
14            (C) the encounter on the recording could result in
15        a formal investigation under the Uniform Peace
16        Officers' Disciplinary Act; or
17            (D) as corroboration of other evidence of
18        misconduct.
19        Nothing in this paragraph (9) shall be construed to
20    limit or prohibit a law enforcement officer from being
21    subject to an action that does not amount to discipline.
22        (10) The law enforcement agency shall ensure proper
23    care and maintenance of officer-worn body cameras. Upon
24    becoming aware, officers must as soon as practical
25    document and notify the appropriate supervisor of any
26    technical difficulties, failures, or problems with the

 

 

HB1095 Enrolled- 36 -LRB102 03109 RLC 13122 b

1    officer-worn body camera or associated equipment. Upon
2    receiving notice, the appropriate supervisor shall make
3    every reasonable effort to correct and repair any of the
4    officer-worn body camera equipment.
5        (11) No officer may hinder or prohibit any person, not
6    a law enforcement officer, from recording a law
7    enforcement officer in the performance of his or her
8    duties in a public place or when the officer has no
9    reasonable expectation of privacy. The law enforcement
10    agency's written policy shall indicate the potential
11    criminal penalties, as well as any departmental
12    discipline, which may result from unlawful confiscation or
13    destruction of the recording medium of a person who is not
14    a law enforcement officer. However, an officer may take
15    reasonable action to maintain safety and control, secure
16    crime scenes and accident sites, protect the integrity and
17    confidentiality of investigations, and protect the public
18    safety and order.
19    (b) Recordings made with the use of an officer-worn body
20camera are not subject to disclosure under the Freedom of
21Information Act, except that:
22        (1) if the subject of the encounter has a reasonable
23    expectation of privacy, at the time of the recording, any
24    recording which is flagged, due to the filing of a
25    complaint, discharge of a firearm, use of force, arrest or
26    detention, or resulting death or bodily harm, shall be

 

 

HB1095 Enrolled- 37 -LRB102 03109 RLC 13122 b

1    disclosed in accordance with the Freedom of Information
2    Act if:
3            (A) the subject of the encounter captured on the
4        recording is a victim or witness; and
5            (B) the law enforcement agency obtains written
6        permission of the subject or the subject's legal
7        representative;
8        (2) except as provided in paragraph (1) of this
9    subsection (b), any recording which is flagged due to the
10    filing of a complaint, discharge of a firearm, use of
11    force, arrest or detention, or resulting death or bodily
12    harm shall be disclosed in accordance with the Freedom of
13    Information Act; and
14        (3) upon request, the law enforcement agency shall
15    disclose, in accordance with the Freedom of Information
16    Act, the recording to the subject of the encounter
17    captured on the recording or to the subject's attorney, or
18    the officer or his or her legal representative.
19    For the purposes of paragraph (1) of this subsection (b),
20the subject of the encounter does not have a reasonable
21expectation of privacy if the subject was arrested as a result
22of the encounter. For purposes of subparagraph (A) of
23paragraph (1) of this subsection (b), "witness" does not
24include a person who is a victim or who was arrested as a
25result of the encounter.
26    Only recordings or portions of recordings responsive to

 

 

HB1095 Enrolled- 38 -LRB102 03109 RLC 13122 b

1the request shall be available for inspection or reproduction.
2Any recording disclosed under the Freedom of Information Act
3shall be redacted to remove identification of any person that
4appears on the recording and is not the officer, a subject of
5the encounter, or directly involved in the encounter. Nothing
6in this subsection (b) shall require the disclosure of any
7recording or portion of any recording which would be exempt
8from disclosure under the Freedom of Information Act.
9    (c) Nothing in this Section shall limit access to a camera
10recording for the purposes of complying with Supreme Court
11rules or the rules of evidence.
12(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
13102-687, eff. 12-17-21; 102-694, eff. 1-7-22.)
 
14    (50 ILCS 706/10-25)
15    Sec. 10-25. Reporting.
16    (a) Each law enforcement agency must provide an annual
17report on the use of officer-worn body cameras to the Board, on
18or before May 1 of the year. The report shall include:
19        (1) a brief overview of the makeup of the agency,
20    including the number of officers utilizing officer-worn
21    body cameras;
22        (2) the number of officer-worn body cameras utilized
23    by the law enforcement agency;
24        (3) any technical issues with the equipment and how
25    those issues were remedied;

 

 

HB1095 Enrolled- 39 -LRB102 03109 RLC 13122 b

1        (4) a brief description of the review process used by
2    supervisors within the law enforcement agency; ;
3        (5) (blank); and for each recording used in
4    prosecutions of conservation, criminal, or traffic
5    offenses or municipal ordinance violations:
6            (A) the time, date, location, and precinct of the
7        incident;
8            (B) the offense charged and the date charges were
9        filed; and
10        (6) any other information relevant to the
11    administration of the program.
12    (b) On or before July 30 of each year, the Board must
13analyze the law enforcement agency reports and provide an
14annual report to the General Assembly and the Governor.
15(Source: P.A. 101-652, eff. 7-1-21.)
 
16    Section 35. The Law Enforcement Camera Grant Act is
17amended by changing Section 10 as follows:
 
18    (50 ILCS 707/10)
19    Sec. 10. Law Enforcement Camera Grant Fund; creation,
20rules.
21    (a) The Law Enforcement Camera Grant Fund is created as a
22special fund in the State treasury. From appropriations to the
23Board from the Fund, the Board must make grants to units of
24local government in Illinois and Illinois public universities

 

 

HB1095 Enrolled- 40 -LRB102 03109 RLC 13122 b

1for the purpose of (1) purchasing in-car video cameras for use
2in law enforcement vehicles, (2) purchasing officer-worn body
3cameras and associated technology for law enforcement
4officers, and (3) training for law enforcement officers in the
5operation of the cameras. Grants under this Section may be
6used to offset data storage costs for officer-worn body
7cameras.
8    Moneys received for the purposes of this Section,
9including, without limitation, fee receipts and gifts, grants,
10and awards from any public or private entity, must be
11deposited into the Fund. Any interest earned on moneys in the
12Fund must be deposited into the Fund.
13    (b) The Board may set requirements for the distribution of
14grant moneys and determine which law enforcement agencies are
15eligible.
16    (b-5) The Board shall consider compliance with the Uniform
17Crime Reporting Act as a factor in awarding grant moneys.
18    (c) (Blank).
19    (d) (Blank).
20    (e) (Blank).
21    (f) (Blank).
22    (g) (Blank).
23    (h) (Blank).
24(Source: P.A. 102-16, eff. 6-17-21.)
 
25    Section 37. The Counties Code is amended by changing

 

 

HB1095 Enrolled- 41 -LRB102 03109 RLC 13122 b

1Section 3-4013 and by adding Section 3-4014 as follows:
 
2    (55 ILCS 5/3-4013)
3    (Section scheduled to be repealed on December 31, 2023)
4    Sec. 3-4013. Public Defender Quality Defense Task Force.
5    (a) The Public Defender Quality Defense Task Force is
6established to: (i) examine the current caseload and determine
7the optimal caseload for public defenders in the State; (ii)
8examine the quality of legal services being offered to
9defendants by public defenders of the State; and (iii) make
10recommendations to improve the caseload of public defenders
11and quality of legal services offered by public defenders; and
12(iv) provide recommendations to the General Assembly and
13Governor on legislation to provide for an effective public
14defender system throughout the State and encourage the active
15and substantial participation of the private bar in the
16representation of accused people.
17    (b) The following members shall be appointed to the Task
18Force by the Governor no later than 30 days after the effective
19date of this amendatory Act of the 102nd General Assembly:
20        (1) 2 assistant public defenders from the Office of
21    the Cook County Public Defender.
22        (2) 5 public defenders or assistant public defenders
23    from 5 counties other than Cook County.
24        (3) One Cook County circuit judge experienced in the
25    litigation of criminal law matters.

 

 

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1        (4) One circuit judge from outside of Cook County
2    experienced in the litigation of criminal law matters.
3        (5) One representative from the Office of the State
4    Appellate Defender.
5    Task Force members shall serve without compensation but
6may be reimbursed for their expenses incurred in performing
7their duties. If a vacancy occurs in the Task Force
8membership, the vacancy shall be filled in the same manner as
9the original appointment for the remainder of the Task Force.
10    (c) The Task Force shall hold a minimum of 2 public
11hearings. At the public hearings, the Task Force shall take
12testimony of public defenders, former criminal defendants
13represented by public defenders, and any other person the Task
14Force believes would aid the Task Force's examination and
15recommendations under subsection (a). The Task may meet as
16such other times as it deems appropriate.
17    (d) The Office of the State Appellate Defender shall
18provide administrative and other support to the Task Force.
19    (e) The Task Force shall prepare a report that summarizes
20its work and makes recommendations resulting from its study.
21The Task Force shall submit the report of its findings and
22recommendations to the Governor and the General Assembly no
23later than December 31, 2023 2022.
24    (f) This Section is repealed on December 31, 2024 2023.
25(Source: P.A. 102-430, eff. 8-20-21.)
 

 

 

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1    (55 ILCS 5/3-4014 new)
2    Sec. 3-4014. Public defender grant program.
3    (a) Subject to appropriation, the Administrative Office of
4the Illinois Courts shall establish a grant program for
5counties with a population of 3,000,000 or less for the
6purpose of training and hiring attorneys on contract to assist
7the county public defender in pretrial detention hearings. The
8Administrative Office of the Illinois Courts may establish, by
9rule, administrative procedures for the grant program,
10including application procedures and requirements concerning
11grant agreements, certifications, payment methodologies, and
12other accountability measures that may be imposed upon
13participants in the program. Emergency rules may be adopted to
14implement the program in accordance with Section 5-45 of the
15Illinois Administrative Procedure Act.
16    (b) The Public Defender Fund is created as a special fund
17in the State treasury. All money in the Public Defender Fund
18shall be used, subject to appropriation, to provide funding to
19counties for public defenders and public defender services
20pursuant to this Section 3-4014.
 
21    Section 40. The Campus Security Enhancement Act of 2008 is
22amended by changing Section 15 as follows:
 
23    (110 ILCS 12/15)
24    (Text of Section before amendment by P.A. 101-652)

 

 

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1    Sec. 15. Arrest reports.
2    (a) When an individual is arrested, the following
3information must be made available to the news media for
4inspection and copying:
5        (1) Information that identifies the individual,
6    including the name, age, address, and photograph, when and
7    if available.
8        (2) Information detailing any charges relating to the
9    arrest.
10        (3) The time and location of the arrest.
11        (4) The name of the investigating or arresting law
12    enforcement agency.
13        (5) If the individual is incarcerated, the amount of
14    any bail or bond.
15        (6) If the individual is incarcerated, the time and
16    date that the individual was received, discharged, or
17    transferred from the arresting agency's custody.
18    (b) The information required by this Section must be made
19available to the news media for inspection and copying as soon
20as practicable, but in no event shall the time period exceed 72
21hours from the arrest. The information described in paragraphs
22(3), (4), (5), and (6) of subsection (a), however, may be
23withheld if it is determined that disclosure would:
24        (1) interfere with pending or actually and reasonably
25    contemplated law enforcement proceedings conducted by any
26    law enforcement or correctional agency;

 

 

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1        (2) endanger the life or physical safety of law
2    enforcement or correctional personnel or any other person;
3    or
4        (3) compromise the security of any correctional
5    facility.
6    (c) For the purposes of this Section the term "news media"
7means personnel of a newspaper or other periodical issued at
8regular intervals whether in print or electronic format, a
9news service whether in print or electronic format, a radio
10station, a television station, a television network, a
11community antenna television service, or a person or
12corporation engaged in making news reels or other motion
13picture news for public showing.
14    (d) Each law enforcement or correctional agency may charge
15fees for arrest records, but in no instance may the fee exceed
16the actual cost of copying and reproduction. The fees may not
17include the cost of the labor used to reproduce the arrest
18record.
19    (e) The provisions of this Section do not supersede the
20confidentiality provisions for arrest records of the Juvenile
21Court Act of 1987.
22(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
2392-335, eff. 8-10-01.)
 
24    (Text of Section after amendment by P.A. 101-652)
25    Sec. 15. Arrest reports.

 

 

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1    (a) When an individual is arrested, the following
2information must be made available to the news media for
3inspection and copying:
4        (1) Information that identifies the individual,
5    including the name, age, address, and photograph, when and
6    if available.
7        (2) Information detailing any charges relating to the
8    arrest.
9        (3) The time and location of the arrest.
10        (4) The name of the investigating or arresting law
11    enforcement agency.
12        (5) (Blank). If the individual is incarcerated, the
13    conditions of pretrial release.
14        (6) If the individual is incarcerated, the time and
15    date that the individual was received, discharged, or
16    transferred from the arresting agency's custody.
17    (b) The information required by this Section must be made
18available to the news media for inspection and copying as soon
19as practicable, but in no event shall the time period exceed 72
20hours from the arrest. The information described in paragraphs
21(3), (4), (5), and (6) of subsection (a), however, may be
22withheld if it is determined that disclosure would:
23        (1) interfere with pending or actually and reasonably
24    contemplated law enforcement proceedings conducted by any
25    law enforcement or correctional agency;
26        (2) endanger the life or physical safety of law

 

 

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1    enforcement or correctional personnel or any other person;
2    or
3        (3) compromise the security of any correctional
4    facility.
5    (c) For the purposes of this Section the term "news media"
6means personnel of a newspaper or other periodical issued at
7regular intervals whether in print or electronic format, a
8news service whether in print or electronic format, a radio
9station, a television station, a television network, a
10community antenna television service, or a person or
11corporation engaged in making news reels or other motion
12picture news for public showing.
13    (d) Each law enforcement or correctional agency may charge
14fees for arrest records, but in no instance may the fee exceed
15the actual cost of copying and reproduction. The fees may not
16include the cost of the labor used to reproduce the arrest
17record.
18    (e) The provisions of this Section do not supersede the
19confidentiality provisions for arrest records of the Juvenile
20Court Act of 1987.
21(Source: P.A. 101-652, eff. 1-1-23.)
 
22    Section 45. The Illinois Insurance Code is amended by
23changing Section 143.19 as follows:
 
24    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)

 

 

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1    (Text of Section before amendment by P.A. 101-652 and P.A.
2102-982)
3    Sec. 143.19. Cancellation of automobile insurance policy;
4grounds. After a policy of automobile insurance as defined in
5Section 143.13(a) has been effective for 60 days, or if such
6policy is a renewal policy, the insurer shall not exercise its
7option to cancel such policy except for one or more of the
8following reasons:
9        a. Nonpayment of premium;
10        b. The policy was obtained through a material
11    misrepresentation;
12        c. Any insured violated any of the terms and
13    conditions of the policy;
14        d. The named insured failed to disclose fully his
15    motor vehicle accidents and moving traffic violations for
16    the preceding 36 months if called for in the application;
17        e. Any insured made a false or fraudulent claim or
18    knowingly aided or abetted another in the presentation of
19    such a claim;
20        f. The named insured or any other operator who either
21    resides in the same household or customarily operates an
22    automobile insured under such policy:
23            1. has, within the 12 months prior to the notice of
24        cancellation, had his driver's license under
25        suspension or revocation;
26            2. is or becomes subject to epilepsy or heart

 

 

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1        attacks, and such individual does not produce a
2        certificate from a physician testifying to his
3        unqualified ability to operate a motor vehicle safely;
4            3. has an accident record, conviction record
5        (criminal or traffic), physical, or mental condition
6        which is such that his operation of an automobile
7        might endanger the public safety;
8            4. has, within the 36 months prior to the notice of
9        cancellation, been addicted to the use of narcotics or
10        other drugs; or
11            5. has been convicted, or forfeited bail, during
12        the 36 months immediately preceding the notice of
13        cancellation, for any felony, criminal negligence
14        resulting in death, homicide or assault arising out of
15        the operation of a motor vehicle, operating a motor
16        vehicle while in an intoxicated condition or while
17        under the influence of drugs, being intoxicated while
18        in, or about, an automobile or while having custody of
19        an automobile, leaving the scene of an accident
20        without stopping to report, theft or unlawful taking
21        of a motor vehicle, making false statements in an
22        application for an operator's or chauffeur's license
23        or has been convicted or forfeited bail for 3 or more
24        violations within the 12 months immediately preceding
25        the notice of cancellation, of any law, ordinance, or
26        regulation limiting the speed of motor vehicles or any

 

 

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1        of the provisions of the motor vehicle laws of any
2        state, violation of which constitutes a misdemeanor,
3        whether or not the violations were repetitions of the
4        same offense or different offenses;
5        g. The insured automobile is:
6            1. so mechanically defective that its operation
7        might endanger public safety;
8            2. used in carrying passengers for hire or
9        compensation (the use of an automobile for a car pool
10        shall not be considered use of an automobile for hire
11        or compensation);
12            3. used in the business of transportation of
13        flammables or explosives;
14            4. an authorized emergency vehicle;
15            5. changed in shape or condition during the policy
16        period so as to increase the risk substantially; or
17            6. subject to an inspection law and has not been
18        inspected or, if inspected, has failed to qualify.
19    Nothing in this Section shall apply to nonrenewal.
20(Source: P.A. 100-201, eff. 8-18-17.)
 
21    (Text of Section after amendment by P.A. 101-652 but
22before amendment by P.A. 102-982)
23    Sec. 143.19. Cancellation of automobile insurance policy;
24grounds. After a policy of automobile insurance as defined in
25Section 143.13(a) has been effective for 60 days, or if such

 

 

HB1095 Enrolled- 51 -LRB102 03109 RLC 13122 b

1policy is a renewal policy, the insurer shall not exercise its
2option to cancel such policy except for one or more of the
3following reasons:
4        a. Nonpayment of premium;
5        b. The policy was obtained through a material
6    misrepresentation;
7        c. Any insured violated any of the terms and
8    conditions of the policy;
9        d. The named insured failed to disclose fully his
10    motor vehicle accidents and moving traffic violations for
11    the preceding 36 months if called for in the application;
12        e. Any insured made a false or fraudulent claim or
13    knowingly aided or abetted another in the presentation of
14    such a claim;
15        f. The named insured or any other operator who either
16    resides in the same household or customarily operates an
17    automobile insured under such policy:
18            1. has, within the 12 months prior to the notice of
19        cancellation, had his driver's license under
20        suspension or revocation;
21            2. is or becomes subject to epilepsy or heart
22        attacks, and such individual does not produce a
23        certificate from a physician testifying to his
24        unqualified ability to operate a motor vehicle safely;
25            3. has an accident record, conviction record
26        (criminal or traffic), physical, or mental condition

 

 

HB1095 Enrolled- 52 -LRB102 03109 RLC 13122 b

1        which is such that his operation of an automobile
2        might endanger the public safety;
3            4. has, within the 36 months prior to the notice of
4        cancellation, been addicted to the use of narcotics or
5        other drugs; or
6            5. has been convicted, or had pretrial release
7        revoked violated conditions of pretrial release,
8        during the 36 months immediately preceding the notice
9        of cancellation, for any felony, criminal negligence
10        resulting in death, homicide or assault arising out of
11        the operation of a motor vehicle, operating a motor
12        vehicle while in an intoxicated condition or while
13        under the influence of drugs, being intoxicated while
14        in, or about, an automobile or while having custody of
15        an automobile, leaving the scene of an accident
16        without stopping to report, theft or unlawful taking
17        of a motor vehicle, making false statements in an
18        application for an operator's or chauffeur's license
19        or has been convicted or pretrial release has been
20        revoked for 3 or more violations within the 12 months
21        immediately preceding the notice of cancellation, of
22        any law, ordinance, or regulation limiting the speed
23        of motor vehicles or any of the provisions of the motor
24        vehicle laws of any state, violation of which
25        constitutes a misdemeanor, whether or not the
26        violations were repetitions of the same offense or

 

 

HB1095 Enrolled- 53 -LRB102 03109 RLC 13122 b

1        different offenses;
2        g. The insured automobile is:
3            1. so mechanically defective that its operation
4        might endanger public safety;
5            2. used in carrying passengers for hire or
6        compensation (the use of an automobile for a car pool
7        shall not be considered use of an automobile for hire
8        or compensation);
9            3. used in the business of transportation of
10        flammables or explosives;
11            4. an authorized emergency vehicle;
12            5. changed in shape or condition during the policy
13        period so as to increase the risk substantially; or
14            6. subject to an inspection law and has not been
15        inspected or, if inspected, has failed to qualify.
16    Nothing in this Section shall apply to nonrenewal.
17(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)
 
18    (Text of Section after amendment by P.A. 102-982)
19    Sec. 143.19. Cancellation of automobile insurance policy;
20grounds. After a policy of automobile insurance as defined in
21Section 143.13(a) has been effective for 60 days, or if such
22policy is a renewal policy, the insurer shall not exercise its
23option to cancel such policy except for one or more of the
24following reasons:
25        a. Nonpayment of premium;

 

 

HB1095 Enrolled- 54 -LRB102 03109 RLC 13122 b

1        b. The policy was obtained through a material
2    misrepresentation;
3        c. Any insured violated any of the terms and
4    conditions of the policy;
5        d. The named insured failed to disclose fully his
6    motor vehicle crashes and moving traffic violations for
7    the preceding 36 months if called for in the application;
8        e. Any insured made a false or fraudulent claim or
9    knowingly aided or abetted another in the presentation of
10    such a claim;
11        f. The named insured or any other operator who either
12    resides in the same household or customarily operates an
13    automobile insured under such policy:
14            1. has, within the 12 months prior to the notice of
15        cancellation, had his driver's license under
16        suspension or revocation;
17            2. is or becomes subject to epilepsy or heart
18        attacks, and such individual does not produce a
19        certificate from a physician testifying to his
20        unqualified ability to operate a motor vehicle safely;
21            3. has a crash record, conviction record (criminal
22        or traffic), physical, or mental condition which is
23        such that his operation of an automobile might
24        endanger the public safety;
25            4. has, within the 36 months prior to the notice of
26        cancellation, been addicted to the use of narcotics or

 

 

HB1095 Enrolled- 55 -LRB102 03109 RLC 13122 b

1        other drugs; or
2            5. has been convicted, or had pretrial release
3        revoked violated conditions of pretrial release,
4        during the 36 months immediately preceding the notice
5        of cancellation, for any felony, criminal negligence
6        resulting in death, homicide or assault arising out of
7        the operation of a motor vehicle, operating a motor
8        vehicle while in an intoxicated condition or while
9        under the influence of drugs, being intoxicated while
10        in, or about, an automobile or while having custody of
11        an automobile, leaving the scene of a crash without
12        stopping to report, theft or unlawful taking of a
13        motor vehicle, making false statements in an
14        application for an operator's or chauffeur's license
15        or has been convicted or pretrial release has been
16        revoked for 3 or more violations within the 12 months
17        immediately preceding the notice of cancellation, of
18        any law, ordinance, or regulation limiting the speed
19        of motor vehicles or any of the provisions of the motor
20        vehicle laws of any state, violation of which
21        constitutes a misdemeanor, whether or not the
22        violations were repetitions of the same offense or
23        different offenses;
24        g. The insured automobile is:
25            1. so mechanically defective that its operation
26        might endanger public safety;

 

 

HB1095 Enrolled- 56 -LRB102 03109 RLC 13122 b

1            2. used in carrying passengers for hire or
2        compensation (the use of an automobile for a car pool
3        shall not be considered use of an automobile for hire
4        or compensation);
5            3. used in the business of transportation of
6        flammables or explosives;
7            4. an authorized emergency vehicle;
8            5. changed in shape or condition during the policy
9        period so as to increase the risk substantially; or
10            6. subject to an inspection law and has not been
11        inspected or, if inspected, has failed to qualify.
12    Nothing in this Section shall apply to nonrenewal.
13(Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23.)
 
14    Section 50. The Illinois Vehicle Code is amended by
15changing Sections 6-204 and 6-500 as follows:
 
16    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
17    (Text of Section before amendment by P.A. 101-652)
18    Sec. 6-204. When court to forward license and reports.
19    (a) For the purpose of providing to the Secretary of State
20the records essential to the performance of the Secretary's
21duties under this Code to cancel, revoke or suspend the
22driver's license and privilege to drive motor vehicles of
23certain minors and of persons found guilty of the criminal
24offenses or traffic violations which this Code recognizes as

 

 

HB1095 Enrolled- 57 -LRB102 03109 RLC 13122 b

1evidence relating to unfitness to safely operate motor
2vehicles, the following duties are imposed upon public
3officials:
4        (1) Whenever any person is convicted of any offense
5    for which this Code makes mandatory the cancellation or
6    revocation of the driver's license or permit of such
7    person by the Secretary of State, the judge of the court in
8    which such conviction is had shall require the surrender
9    to the clerk of the court of all driver's licenses or
10    permits then held by the person so convicted, and the
11    clerk of the court shall, within 5 days thereafter,
12    forward the same, together with a report of such
13    conviction, to the Secretary.
14        (2) Whenever any person is convicted of any offense
15    under this Code or similar offenses under a municipal
16    ordinance, other than regulations governing standing,
17    parking or weights of vehicles, and excepting the
18    following enumerated Sections of this Code: Sections
19    11-1406 (obstruction to driver's view or control), 11-1407
20    (improper opening of door into traffic), 11-1410 (coasting
21    on downgrade), 11-1411 (following fire apparatus),
22    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
23    vehicle which is in unsafe condition or improperly
24    equipped), 12-201(a) (daytime lights on motorcycles),
25    12-202 (clearance, identification and side marker lamps),
26    12-204 (lamp or flag on projecting load), 12-205 (failure

 

 

HB1095 Enrolled- 58 -LRB102 03109 RLC 13122 b

1    to display the safety lights required), 12-401
2    (restrictions as to tire equipment), 12-502 (mirrors),
3    12-503 (windshields must be unobstructed and equipped with
4    wipers), 12-601 (horns and warning devices), 12-602
5    (mufflers, prevention of noise or smoke), 12-603 (seat
6    safety belts), 12-702 (certain vehicles to carry flares or
7    other warning devices), 12-703 (vehicles for oiling roads
8    operated on highways), 12-710 (splash guards and
9    replacements), 13-101 (safety tests), 15-101 (size, weight
10    and load), 15-102 (width), 15-103 (height), 15-104 (name
11    and address on second division vehicles), 15-107 (length
12    of vehicle), 15-109.1 (cover or tarpaulin), 15-111
13    (weights), 15-112 (weights), 15-301 (weights), 15-316
14    (weights), 15-318 (weights), and also excepting the
15    following enumerated Sections of the Chicago Municipal
16    Code: Sections 27-245 (following fire apparatus), 27-254
17    (obstruction of traffic), 27-258 (driving vehicle which is
18    in unsafe condition), 27-259 (coasting on downgrade),
19    27-264 (use of horns and signal devices), 27-265
20    (obstruction to driver's view or driver mechanism), 27-267
21    (dimming of headlights), 27-268 (unattended motor
22    vehicle), 27-272 (illegal funeral procession), 27-273
23    (funeral procession on boulevard), 27-275 (driving freight
24    hauling vehicles on boulevard), 27-276 (stopping and
25    standing of buses or taxicabs), 27-277 (cruising of public
26    passenger vehicles), 27-305 (parallel parking), 27-306

 

 

HB1095 Enrolled- 59 -LRB102 03109 RLC 13122 b

1    (diagonal parking), 27-307 (parking not to obstruct
2    traffic), 27-308 (stopping, standing or parking
3    regulated), 27-311 (parking regulations), 27-312 (parking
4    regulations), 27-313 (parking regulations), 27-314
5    (parking regulations), 27-315 (parking regulations),
6    27-316 (parking regulations), 27-317 (parking
7    regulations), 27-318 (parking regulations), 27-319
8    (parking regulations), 27-320 (parking regulations),
9    27-321 (parking regulations), 27-322 (parking
10    regulations), 27-324 (loading and unloading at an angle),
11    27-333 (wheel and axle loads), 27-334 (load restrictions
12    in the downtown district), 27-335 (load restrictions in
13    residential areas), 27-338 (width of vehicles), 27-339
14    (height of vehicles), 27-340 (length of vehicles), 27-352
15    (reflectors on trailers), 27-353 (mufflers), 27-354
16    (display of plates), 27-355 (display of city vehicle tax
17    sticker), 27-357 (identification of vehicles), 27-358
18    (projecting of loads), and also excepting the following
19    enumerated paragraphs of Section 2-201 of the Rules and
20    Regulations of the Illinois State Toll Highway Authority:
21    (l) (driving unsafe vehicle on tollway), (m) (vehicles
22    transporting dangerous cargo not properly indicated), it
23    shall be the duty of the clerk of the court in which such
24    conviction is had within 5 days thereafter to forward to
25    the Secretary of State a report of the conviction and the
26    court may recommend the suspension of the driver's license

 

 

HB1095 Enrolled- 60 -LRB102 03109 RLC 13122 b

1    or permit of the person so convicted.
2        The reporting requirements of this subsection shall
3    apply to all violations stated in paragraphs (1) and (2)
4    of this subsection when the individual has been
5    adjudicated under the Juvenile Court Act or the Juvenile
6    Court Act of 1987. Such reporting requirements shall also
7    apply to individuals adjudicated under the Juvenile Court
8    Act or the Juvenile Court Act of 1987 who have committed a
9    violation of Section 11-501 of this Code, or similar
10    provision of a local ordinance, or Section 9-3 of the
11    Criminal Code of 1961 or the Criminal Code of 2012,
12    relating to the offense of reckless homicide, or Section
13    5-7 of the Snowmobile Registration and Safety Act or
14    Section 5-16 of the Boat Registration and Safety Act,
15    relating to the offense of operating a snowmobile or a
16    watercraft while under the influence of alcohol, other
17    drug or drugs, intoxicating compound or compounds, or
18    combination thereof. These reporting requirements also
19    apply to individuals adjudicated under the Juvenile Court
20    Act of 1987 based on any offense determined to have been
21    committed in furtherance of the criminal activities of an
22    organized gang, as provided in Section 5-710 of that Act,
23    if those activities involved the operation or use of a
24    motor vehicle. It shall be the duty of the clerk of the
25    court in which adjudication is had within 5 days
26    thereafter to forward to the Secretary of State a report

 

 

HB1095 Enrolled- 61 -LRB102 03109 RLC 13122 b

1    of the adjudication and the court order requiring the
2    Secretary of State to suspend the minor's driver's license
3    and driving privilege for such time as determined by the
4    court, but only until he or she attains the age of 18
5    years. All juvenile court dispositions reported to the
6    Secretary of State under this provision shall be processed
7    by the Secretary of State as if the cases had been
8    adjudicated in traffic or criminal court. However,
9    information reported relative to the offense of reckless
10    homicide, or Section 11-501 of this Code, or a similar
11    provision of a local ordinance, shall be privileged and
12    available only to the Secretary of State, courts, and
13    police officers.
14        The reporting requirements of this subsection (a)
15    apply to all violations listed in paragraphs (1) and (2)
16    of this subsection (a), excluding parking violations, when
17    the driver holds a CLP or CDL, regardless of the type of
18    vehicle in which the violation occurred, or when any
19    driver committed the violation in a commercial motor
20    vehicle as defined in Section 6-500 of this Code.
21        (3) Whenever an order is entered vacating the
22    forfeiture of any bail, security or bond given to secure
23    appearance for any offense under this Code or similar
24    offenses under municipal ordinance, it shall be the duty
25    of the clerk of the court in which such vacation was had or
26    the judge of such court if such court has no clerk, within

 

 

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1    5 days thereafter to forward to the Secretary of State a
2    report of the vacation.
3        (4) A report of any disposition of court supervision
4    for a violation of Sections 6-303, 11-401, 11-501 or a
5    similar provision of a local ordinance, 11-503, 11-504,
6    and 11-506 of this Code, Section 5-7 of the Snowmobile
7    Registration and Safety Act, and Section 5-16 of the Boat
8    Registration and Safety Act shall be forwarded to the
9    Secretary of State. A report of any disposition of court
10    supervision for a violation of an offense defined as a
11    serious traffic violation in this Code or a similar
12    provision of a local ordinance committed by a person under
13    the age of 21 years shall be forwarded to the Secretary of
14    State.
15        (5) Reports of conviction under this Code and
16    sentencing hearings under the Juvenile Court Act of 1987
17    in an electronic format or a computer processible medium
18    shall be forwarded to the Secretary of State via the
19    Supreme Court in the form and format required by the
20    Illinois Supreme Court and established by a written
21    agreement between the Supreme Court and the Secretary of
22    State. In counties with a population over 300,000, instead
23    of forwarding reports to the Supreme Court, reports of
24    conviction under this Code and sentencing hearings under
25    the Juvenile Court Act of 1987 in an electronic format or a
26    computer processible medium may be forwarded to the

 

 

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1    Secretary of State by the Circuit Court Clerk in a form and
2    format required by the Secretary of State and established
3    by written agreement between the Circuit Court Clerk and
4    the Secretary of State. Failure to forward the reports of
5    conviction or sentencing hearing under the Juvenile Court
6    Act of 1987 as required by this Section shall be deemed an
7    omission of duty and it shall be the duty of the several
8    State's Attorneys to enforce the requirements of this
9    Section.
10    (b) Whenever a restricted driving permit is forwarded to a
11court, as a result of confiscation by a police officer
12pursuant to the authority in Section 6-113(f), it shall be the
13duty of the clerk, or judge, if the court has no clerk, to
14forward such restricted driving permit and a facsimile of the
15officer's citation to the Secretary of State as expeditiously
16as practicable.
17    (c) For the purposes of this Code, a forfeiture of bail or
18collateral deposited to secure a defendant's appearance in
19court when forfeiture has not been vacated, or the failure of a
20defendant to appear for trial after depositing his driver's
21license in lieu of other bail, shall be equivalent to a
22conviction.
23    (d) For the purpose of providing the Secretary of State
24with records necessary to properly monitor and assess driver
25performance and assist the courts in the proper disposition of
26repeat traffic law offenders, the clerk of the court shall

 

 

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1forward to the Secretary of State, on a form prescribed by the
2Secretary, records of a driver's participation in a driver
3remedial or rehabilitative program which was required, through
4a court order or court supervision, in relation to the
5driver's arrest for a violation of Section 11-501 of this Code
6or a similar provision of a local ordinance. The clerk of the
7court shall also forward to the Secretary, either on paper or
8in an electronic format or a computer processible medium as
9required under paragraph (5) of subsection (a) of this
10Section, any disposition of court supervision for any traffic
11violation, excluding those offenses listed in paragraph (2) of
12subsection (a) of this Section. These reports shall be sent
13within 5 days after disposition, or, if the driver is referred
14to a driver remedial or rehabilitative program, within 5 days
15of the driver's referral to that program. These reports
16received by the Secretary of State, including those required
17to be forwarded under paragraph (a)(4), shall be privileged
18information, available only (i) to the affected driver, (ii)
19to the parent or guardian of a person under the age of 18 years
20holding an instruction permit or a graduated driver's license,
21and (iii) for use by the courts, police officers, prosecuting
22authorities, the Secretary of State, and the driver licensing
23administrator of any other state. In accordance with 49 C.F.R.
24Part 384, all reports of court supervision, except violations
25related to parking, shall be forwarded to the Secretary of
26State for all holders of a CLP or CDL or any driver who commits

 

 

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1an offense while driving a commercial motor vehicle. These
2reports shall be recorded to the driver's record as a
3conviction for use in the disqualification of the driver's
4commercial motor vehicle privileges and shall not be
5privileged information.
6(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20.)
 
7    (Text of Section after amendment by P.A. 101-652)
8    Sec. 6-204. When court to forward license and reports.
9    (a) For the purpose of providing to the Secretary of State
10the records essential to the performance of the Secretary's
11duties under this Code to cancel, revoke or suspend the
12driver's license and privilege to drive motor vehicles of
13certain minors and of persons found guilty of the criminal
14offenses or traffic violations which this Code recognizes as
15evidence relating to unfitness to safely operate motor
16vehicles, the following duties are imposed upon public
17officials:
18        (1) Whenever any person is convicted of any offense
19    for which this Code makes mandatory the cancellation or
20    revocation of the driver's license or permit of such
21    person by the Secretary of State, the judge of the court in
22    which such conviction is had shall require the surrender
23    to the clerk of the court of all driver's licenses or
24    permits then held by the person so convicted, and the
25    clerk of the court shall, within 5 days thereafter,

 

 

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

 

 

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1    of vehicle), 15-109.1 (cover or tarpaulin), 15-111
2    (weights), 15-112 (weights), 15-301 (weights), 15-316
3    (weights), 15-318 (weights), and also excepting the
4    following enumerated Sections of the Chicago Municipal
5    Code: Sections 27-245 (following fire apparatus), 27-254
6    (obstruction of traffic), 27-258 (driving vehicle which is
7    in unsafe condition), 27-259 (coasting on downgrade),
8    27-264 (use of horns and signal devices), 27-265
9    (obstruction to driver's view or driver mechanism), 27-267
10    (dimming of headlights), 27-268 (unattended motor
11    vehicle), 27-272 (illegal funeral procession), 27-273
12    (funeral procession on boulevard), 27-275 (driving freight
13    hauling vehicles on boulevard), 27-276 (stopping and
14    standing of buses or taxicabs), 27-277 (cruising of public
15    passenger vehicles), 27-305 (parallel parking), 27-306
16    (diagonal parking), 27-307 (parking not to obstruct
17    traffic), 27-308 (stopping, standing or parking
18    regulated), 27-311 (parking regulations), 27-312 (parking
19    regulations), 27-313 (parking regulations), 27-314
20    (parking regulations), 27-315 (parking regulations),
21    27-316 (parking regulations), 27-317 (parking
22    regulations), 27-318 (parking regulations), 27-319
23    (parking regulations), 27-320 (parking regulations),
24    27-321 (parking regulations), 27-322 (parking
25    regulations), 27-324 (loading and unloading at an angle),
26    27-333 (wheel and axle loads), 27-334 (load restrictions

 

 

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1    in the downtown district), 27-335 (load restrictions in
2    residential areas), 27-338 (width of vehicles), 27-339
3    (height of vehicles), 27-340 (length of vehicles), 27-352
4    (reflectors on trailers), 27-353 (mufflers), 27-354
5    (display of plates), 27-355 (display of city vehicle tax
6    sticker), 27-357 (identification of vehicles), 27-358
7    (projecting of loads), and also excepting the following
8    enumerated paragraphs of Section 2-201 of the Rules and
9    Regulations of the Illinois State Toll Highway Authority:
10    (l) (driving unsafe vehicle on tollway), (m) (vehicles
11    transporting dangerous cargo not properly indicated), it
12    shall be the duty of the clerk of the court in which such
13    conviction is had within 5 days thereafter to forward to
14    the Secretary of State a report of the conviction and the
15    court may recommend the suspension of the driver's license
16    or permit of the person so convicted.
17        The reporting requirements of this subsection shall
18    apply to all violations stated in paragraphs (1) and (2)
19    of this subsection when the individual has been
20    adjudicated under the Juvenile Court Act or the Juvenile
21    Court Act of 1987. Such reporting requirements shall also
22    apply to individuals adjudicated under the Juvenile Court
23    Act or the Juvenile Court Act of 1987 who have committed a
24    violation of Section 11-501 of this Code, or similar
25    provision of a local ordinance, or Section 9-3 of the
26    Criminal Code of 1961 or the Criminal Code of 2012,

 

 

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1    relating to the offense of reckless homicide, or Section
2    5-7 of the Snowmobile Registration and Safety Act or
3    Section 5-16 of the Boat Registration and Safety Act,
4    relating to the offense of operating a snowmobile or a
5    watercraft while under the influence of alcohol, other
6    drug or drugs, intoxicating compound or compounds, or
7    combination thereof. These reporting requirements also
8    apply to individuals adjudicated under the Juvenile Court
9    Act of 1987 based on any offense determined to have been
10    committed in furtherance of the criminal activities of an
11    organized gang, as provided in Section 5-710 of that Act,
12    if those activities involved the operation or use of a
13    motor vehicle. It shall be the duty of the clerk of the
14    court in which adjudication is had within 5 days
15    thereafter to forward to the Secretary of State a report
16    of the adjudication and the court order requiring the
17    Secretary of State to suspend the minor's driver's license
18    and driving privilege for such time as determined by the
19    court, but only until he or she attains the age of 18
20    years. All juvenile court dispositions reported to the
21    Secretary of State under this provision shall be processed
22    by the Secretary of State as if the cases had been
23    adjudicated in traffic or criminal court. However,
24    information reported relative to the offense of reckless
25    homicide, or Section 11-501 of this Code, or a similar
26    provision of a local ordinance, shall be privileged and

 

 

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

 

 

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

 

 

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1pursuant to the authority in Section 6-113(f), it shall be the
2duty of the clerk, or judge, if the court has no clerk, to
3forward such restricted driving permit and a facsimile of the
4officer's citation to the Secretary of State as expeditiously
5as practicable.
6    (c) For the purposes of this Code, a revocation of
7pretrial release that has violation of the conditions of
8pretrial release when the conditions of pretrial release have
9not been vacated, or the failure of a defendant to appear for
10trial after depositing his driver's license in lieu of other
11bail, shall 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
20driver's arrest for a violation of Section 11-501 of this Code
21or a similar provision of a local ordinance. The clerk of the
22court shall also forward to the Secretary, either on paper or
23in an electronic format or a computer processible medium as
24required under paragraph (5) of subsection (a) of this
25Section, any disposition of court supervision for any traffic
26violation, excluding those offenses listed in paragraph (2) of

 

 

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1subsection (a) of this Section. These reports shall be sent
2within 5 days after disposition, or, if the driver is referred
3to a driver remedial or rehabilitative program, within 5 days
4of the driver's referral to that program. These reports
5received by the Secretary of State, including those required
6to be forwarded under paragraph (a)(4), shall be privileged
7information, available only (i) to the affected driver, (ii)
8to the 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
20privileged information.
21(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20;
22101-652, eff. 1-1-23.)
 
23    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
24    (Text of Section before amendment by P.A. 101-652 and P.A.
25102-982)

 

 

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1    Sec. 6-500. Definitions of words and phrases.
2Notwithstanding the definitions set forth elsewhere in this
3Code, for purposes of the Uniform Commercial Driver's License
4Act (UCDLA), the words and phrases listed below have the
5meanings ascribed to them as follows:
6    (1) Alcohol. "Alcohol" means any substance containing any
7form of alcohol, including but not limited to ethanol,
8methanol, propanol, and isopropanol.
9    (2) Alcohol concentration. "Alcohol concentration" means:
10        (A) the number of grams of alcohol per 210 liters of
11    breath; or
12        (B) the number of grams of alcohol per 100 milliliters
13    of blood; or
14        (C) the number of grams of alcohol per 67 milliliters
15    of urine.
16    Alcohol tests administered within 2 hours of the driver
17being "stopped or detained" shall be considered that driver's
18"alcohol concentration" for the purposes of enforcing this
19UCDLA.
20    (3) (Blank).
21    (4) (Blank).
22    (5) (Blank).
23    (5.3) CDLIS driver record. "CDLIS driver record" means the
24electronic record of the individual CDL driver's status and
25history stored by the State-of-Record as part of the
26Commercial Driver's License Information System, or CDLIS,

 

 

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1established under 49 U.S.C. 31309.
2    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
3record" or "CDLIS MVR" means a report generated from the CDLIS
4driver record meeting the requirements for access to CDLIS
5information and provided by states to users authorized in 49
6C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
7Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
8    (5.7) Commercial driver's license downgrade. "Commercial
9driver's license downgrade" or "CDL downgrade" means either:
10        (A) a state allows the driver to change his or her
11    self-certification to interstate, but operating
12    exclusively in transportation or operation excepted from
13    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
14    391.2, 391.68, or 398.3;
15        (B) a state allows the driver to change his or her
16    self-certification to intrastate only, if the driver
17    qualifies under that state's physical qualification
18    requirements for intrastate only;
19        (C) a state allows the driver to change his or her
20    certification to intrastate, but operating exclusively in
21    transportation or operations excepted from all or part of
22    the state driver qualification requirements; or
23        (D) a state removes the CDL privilege from the driver
24    license.
25    (6) Commercial Motor Vehicle.
26        (A) "Commercial motor vehicle" or "CMV" means a motor

 

 

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1    vehicle or combination of motor vehicles used in commerce,
2    except those referred to in subdivision (B), designed to
3    transport passengers or property if the motor vehicle:
4            (i) has a gross combination weight rating or gross
5        combination weight of 11,794 kilograms or more (26,001
6        pounds or more), whichever is greater, inclusive of
7        any towed unit with a gross vehicle weight rating or
8        gross vehicle weight of more than 4,536 kilograms
9        (10,000 pounds), whichever is greater; or
10            (i-5) has a gross vehicle weight rating or gross
11        vehicle weight of 11,794 or more kilograms (26,001
12        pounds or more), whichever is greater; or
13            (ii) is designed to transport 16 or more persons,
14        including the driver; or
15            (iii) is of any size and is used in transporting
16        hazardous materials as defined in 49 C.F.R. 383.5.
17        (B) Pursuant to the interpretation of the Commercial
18    Motor Vehicle Safety Act of 1986 by the Federal Highway
19    Administration, the definition of "commercial motor
20    vehicle" does not include:
21            (i) recreational vehicles, when operated primarily
22        for personal use;
23            (ii) vehicles owned by or operated under the
24        direction of the United States Department of Defense
25        or the United States Coast Guard only when operated by
26        non-civilian personnel. This includes any operator on

 

 

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1        active military duty; members of the Reserves;
2        National Guard; personnel on part-time training; and
3        National Guard military technicians (civilians who are
4        required to wear military uniforms and are subject to
5        the Code of Military Justice); or
6            (iii) firefighting, police, and other emergency
7        equipment (including, without limitation, equipment
8        owned or operated by a HazMat or technical rescue team
9        authorized by a county board under Section 5-1127 of
10        the Counties Code), with audible and visual signals,
11        owned or operated by or for a governmental entity,
12        which is necessary to the preservation of life or
13        property or the execution of emergency governmental
14        functions which are normally not subject to general
15        traffic rules and regulations.
16    (7) Controlled Substance. "Controlled substance" shall
17have the same meaning as defined in Section 102 of the Illinois
18Controlled Substances Act, and shall also include cannabis as
19defined in Section 3 of the Cannabis Control Act and
20methamphetamine as defined in Section 10 of the
21Methamphetamine Control and Community Protection Act.
22    (8) Conviction. "Conviction" means an unvacated
23adjudication of guilt or a determination that a person has
24violated or failed to comply with the law in a court of
25original jurisdiction or by an authorized administrative
26tribunal; an unvacated forfeiture of bail or collateral

 

 

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1deposited to secure the person's appearance in court; a plea
2of guilty or nolo contendere accepted by the court; the
3payment of a fine or court cost regardless of whether the
4imposition of sentence is deferred and ultimately a judgment
5dismissing the underlying charge is entered; or a violation of
6a condition of release without bail, regardless of whether or
7not the penalty is rebated, suspended or probated.
8    (8.5) Day. "Day" means calendar day.
9    (9) (Blank).
10    (10) (Blank).
11    (11) (Blank).
12    (12) (Blank).
13    (13) Driver. "Driver" means any person who drives,
14operates, or is in physical control of a commercial motor
15vehicle, any person who is required to hold a CDL, or any
16person who is a holder of a CDL while operating a
17non-commercial motor vehicle.
18    (13.5) Driver applicant. "Driver applicant" means an
19individual who applies to a state or other jurisdiction to
20obtain, transfer, upgrade, or renew a CDL or to obtain or renew
21a CLP.
22    (13.8) Electronic device. "Electronic device" includes,
23but is not limited to, a cellular telephone, personal digital
24assistant, pager, computer, or any other device used to input,
25write, send, receive, or read text.
26    (14) Employee. "Employee" means a person who is employed

 

 

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1as a commercial motor vehicle driver. A person who is
2self-employed as a commercial motor vehicle driver must comply
3with the requirements of this UCDLA pertaining to employees.
4An owner-operator on a long-term lease shall be considered an
5employee.
6    (15) Employer. "Employer" means a person (including the
7United States, a State or a local authority) who owns or leases
8a commercial motor vehicle or assigns employees to operate
9such a vehicle. A person who is self-employed as a commercial
10motor vehicle driver must comply with the requirements of this
11UCDLA.
12    (15.1) Endorsement. "Endorsement" means an authorization
13to an individual's CLP or CDL required to permit the
14individual to operate certain types of commercial motor
15vehicles.
16    (15.2) Entry-level driver training. "Entry-level driver
17training" means the training an entry-level driver receives
18from an entity listed on the Federal Motor Carrier Safety
19Administration's Training Provider Registry prior to: (i)
20taking the CDL skills test required to receive the Class A or
21Class B CDL for the first time; (ii) taking the CDL skills test
22required to upgrade to a Class A or Class B CDL; or (iii)
23taking the CDL skills test required to obtain a passenger or
24school bus endorsement for the first time or the CDL knowledge
25test required to obtain a hazardous materials endorsement for
26the first time.

 

 

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1    (15.3) Excepted interstate. "Excepted interstate" means a
2person who operates or expects to operate in interstate
3commerce, but engages exclusively in transportation or
4operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
5or 398.3 from all or part of the qualification requirements of
649 C.F.R. Part 391 and is not required to obtain a medical
7examiner's certificate by 49 C.F.R. 391.45.
8    (15.5) Excepted intrastate. "Excepted intrastate" means a
9person who operates in intrastate commerce but engages
10exclusively in transportation or operations excepted from all
11or parts of the state driver qualification requirements.
12    (16) (Blank).
13    (16.5) Fatality. "Fatality" means the death of a person as
14a result of a motor vehicle accident.
15    (16.7) Foreign commercial driver. "Foreign commercial
16driver" means a person licensed to operate a commercial motor
17vehicle by an authority outside the United States, or a
18citizen of a foreign country who operates a commercial motor
19vehicle in the United States.
20    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
21sovereign jurisdiction that does not fall within the
22definition of "State".
23    (18) (Blank).
24    (19) (Blank).
25    (20) Hazardous materials. "Hazardous material" means any
26material that has been designated under 49 U.S.C. 5103 and is

 

 

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1required to be placarded under subpart F of 49 C.F.R. part 172
2or any quantity of a material listed as a select agent or toxin
3in 42 C.F.R. part 73.
4    (20.5) Imminent Hazard. "Imminent hazard" means the
5existence of any condition of a vehicle, employee, or
6commercial motor vehicle operations that substantially
7increases the likelihood of serious injury or death if not
8discontinued immediately; or a condition relating to hazardous
9material that presents a substantial likelihood that death,
10serious illness, severe personal injury, or a substantial
11endangerment to health, property, or the environment may occur
12before the reasonably foreseeable completion date of a formal
13proceeding begun to lessen the risk of that death, illness,
14injury or endangerment.
15    (20.6) Issuance. "Issuance" means initial issuance,
16transfer, renewal, or upgrade of a CLP or CDL and
17non-domiciled CLP or CDL.
18    (20.7) Issue. "Issue" means initial issuance, transfer,
19renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
20non-domiciled CDL.
21    (21) Long-term lease. "Long-term lease" means a lease of a
22commercial motor vehicle by the owner-lessor to a lessee, for
23a period of more than 29 days.
24    (21.01) Manual transmission. "Manual transmission" means a
25transmission utilizing a driver-operated clutch that is
26activated by a pedal or lever and a gear-shift mechanism

 

 

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1operated either by hand or foot including those known as a
2stick shift, stick, straight drive, or standard transmission.
3All other transmissions, whether semi-automatic or automatic,
4shall be considered automatic for the purposes of the
5standardized restriction code.
6    (21.1) Medical examiner. "Medical examiner" means an
7individual certified by the Federal Motor Carrier Safety
8Administration and listed on the National Registry of
9Certified Medical Examiners in accordance with Federal Motor
10Carrier Safety Regulations, 49 CFR 390.101 et seq.
11    (21.2) Medical examiner's certificate. "Medical examiner's
12certificate" means either (1) prior to June 22, 2021, a
13document prescribed or approved by the Secretary of State that
14is issued by a medical examiner to a driver to medically
15qualify him or her to drive; or (2) beginning June 22, 2021, an
16electronic submission of results of an examination conducted
17by a medical examiner listed on the National Registry of
18Certified Medical Examiners to the Federal Motor Carrier
19Safety Administration of a driver to medically qualify him or
20her to drive.
21    (21.5) Medical variance. "Medical variance" means a driver
22has received one of the following from the Federal Motor
23Carrier Safety Administration which allows the driver to be
24issued a medical certificate: (1) an exemption letter
25permitting operation of a commercial motor vehicle pursuant to
2649 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a

 

 

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1skill performance evaluation (SPE) certificate permitting
2operation of a commercial motor vehicle pursuant to 49 C.F.R.
3391.49.
4    (21.7) Mobile telephone. "Mobile telephone" means a mobile
5communication device that falls under or uses any commercial
6mobile radio service, as defined in regulations of the Federal
7Communications Commission, 47 CFR 20.3. It does not include
8two-way or citizens band radio services.
9    (22) Motor Vehicle. "Motor vehicle" means every vehicle
10which is self-propelled, and every vehicle which is propelled
11by electric power obtained from over head trolley wires but
12not operated upon rails, except vehicles moved solely by human
13power and motorized wheel chairs.
14    (22.2) Motor vehicle record. "Motor vehicle record" means
15a report of the driving status and history of a driver
16generated from the driver record provided to users, such as
17drivers or employers, and is subject to the provisions of the
18Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
19    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
20combination of motor vehicles not defined by the term
21"commercial motor vehicle" or "CMV" in this Section.
22    (22.7) Non-excepted interstate. "Non-excepted interstate"
23means a person who operates or expects to operate in
24interstate commerce, is subject to and meets the qualification
25requirements under 49 C.F.R. Part 391, and is required to
26obtain a medical examiner's certificate by 49 C.F.R. 391.45.

 

 

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1    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
2means a person who operates only in intrastate commerce and is
3subject to State driver qualification requirements.
4    (23) Non-domiciled CLP or Non-domiciled CDL.
5"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
6respectively, issued by a state or other jurisdiction under
7either of the following two conditions:
8        (i) to an individual domiciled in a foreign country
9    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
10    of the Federal Motor Carrier Safety Administration.
11        (ii) to an individual domiciled in another state
12    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
13    of the Federal Motor Carrier Safety Administration.
14    (24) (Blank).
15    (25) (Blank).
16    (25.5) Railroad-Highway Grade Crossing Violation.
17"Railroad-highway grade crossing violation" means a violation,
18while operating a commercial motor vehicle, of any of the
19following:
20        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
21        (B) Any other similar law or local ordinance of any
22    state relating to railroad-highway grade crossing.
23    (25.7) School Bus. "School bus" means a commercial motor
24vehicle used to transport pre-primary, primary, or secondary
25school students from home to school, from school to home, or to
26and from school-sponsored events. "School bus" does not

 

 

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1include a bus used as a common carrier.
2    (26) Serious Traffic Violation. "Serious traffic
3violation" means:
4        (A) a conviction when operating a commercial motor
5    vehicle, or when operating a non-CMV while holding a CLP
6    or CDL, of:
7            (i) a violation relating to excessive speeding,
8        involving a single speeding charge of 15 miles per
9        hour or more above the legal speed limit; or
10            (ii) a violation relating to reckless driving; or
11            (iii) a violation of any State law or local
12        ordinance relating to motor vehicle traffic control
13        (other than parking violations) arising in connection
14        with a fatal traffic accident; or
15            (iv) a violation of Section 6-501, relating to
16        having multiple driver's licenses; or
17            (v) a violation of paragraph (a) of Section 6-507,
18        relating to the requirement to have a valid CLP or CDL;
19        or
20            (vi) a violation relating to improper or erratic
21        traffic lane changes; or
22            (vii) a violation relating to following another
23        vehicle too closely; or
24            (viii) a violation relating to texting while
25        driving; or
26            (ix) a violation relating to the use of a

 

 

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1        hand-held mobile telephone while driving; or
2        (B) any other similar violation of a law or local
3    ordinance of any state relating to motor vehicle traffic
4    control, other than a parking violation, which the
5    Secretary of State determines by administrative rule to be
6    serious.
7    (27) State. "State" means a state of the United States,
8the District of Columbia and any province or territory of
9Canada.
10    (28) (Blank).
11    (29) (Blank).
12    (30) (Blank).
13    (31) (Blank).
14    (32) Texting. "Texting" means manually entering
15alphanumeric text into, or reading text from, an electronic
16device.
17        (1) Texting includes, but is not limited to, short
18    message service, emailing, instant messaging, a command or
19    request to access a World Wide Web page, pressing more
20    than a single button to initiate or terminate a voice
21    communication using a mobile telephone, or engaging in any
22    other form of electronic text retrieval or entry for
23    present or future communication.
24        (2) Texting does not include:
25            (i) inputting, selecting, or reading information
26        on a global positioning system or navigation system;

 

 

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1        or
2            (ii) pressing a single button to initiate or
3        terminate a voice communication using a mobile
4        telephone; or
5            (iii) using a device capable of performing
6        multiple functions (for example, a fleet management
7        system, dispatching device, smart phone, citizens band
8        radio, or music player) for a purpose that is not
9        otherwise prohibited by Part 392 of the Federal Motor
10        Carrier Safety Regulations.
11    (32.3) Third party skills test examiner. "Third party
12skills test examiner" means a person employed by a third party
13tester who is authorized by the State to administer the CDL
14skills tests specified in 49 C.F.R. Part 383, subparts G and H.
15    (32.5) Third party tester. "Third party tester" means a
16person (including, but not limited to, another state, a motor
17carrier, a private driver training facility or other private
18institution, or a department, agency, or instrumentality of a
19local government) authorized by the State to employ skills
20test examiners to administer the CDL skills tests specified in
2149 C.F.R. Part 383, subparts G and H.
22    (32.7) United States. "United States" means the 50 states
23and the District of Columbia.
24    (33) Use a hand-held mobile telephone. "Use a hand-held
25mobile telephone" means:
26        (1) using at least one hand to hold a mobile telephone

 

 

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1    to conduct a voice communication;
2        (2) dialing or answering a mobile telephone by
3    pressing more than a single button; or
4        (3) reaching for a mobile telephone in a manner that
5    requires a driver to maneuver so that he or she is no
6    longer in a seated driving position, restrained by a seat
7    belt that is installed in accordance with 49 CFR 393.93
8    and adjusted in accordance with the vehicle manufacturer's
9    instructions.
10(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20.)
 
11    (Text of Section after amendment by P.A. 101-652 but
12before amendment by P.A. 102-982)
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
13Commercial Driver's License Information System, or CDLIS,
14established under 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),

 

 

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1    391.2, 391.68, or 398.3;
2        (B) a state allows the driver to change his or her
3    self-certification to intrastate only, if the driver
4    qualifies under that state's physical qualification
5    requirements for intrastate only;
6        (C) a state allows the driver to change his or her
7    certification to intrastate, but operating exclusively in
8    transportation or operations excepted from all or part of
9    the state driver qualification requirements; or
10        (D) a state removes the CDL privilege from the driver
11    license.
12    (6) Commercial Motor Vehicle.
13        (A) "Commercial motor vehicle" or "CMV" means a motor
14    vehicle or combination of motor vehicles used in commerce,
15    except those referred to in subdivision (B), designed to
16    transport passengers or property if the motor vehicle:
17            (i) has a gross combination weight rating or gross
18        combination weight of 11,794 kilograms or more (26,001
19        pounds or more), whichever is greater, inclusive of
20        any towed unit with a gross vehicle weight rating or
21        gross vehicle weight of more than 4,536 kilograms
22        (10,000 pounds), whichever is greater; or
23            (i-5) has a gross vehicle weight rating or gross
24        vehicle weight of 11,794 or more kilograms (26,001
25        pounds or more), whichever is greater; or
26            (ii) is designed to transport 16 or more persons,

 

 

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1        including the driver; or
2            (iii) is of any size and is used in transporting
3        hazardous materials as defined in 49 C.F.R. 383.5.
4        (B) Pursuant to the interpretation of the Commercial
5    Motor Vehicle Safety Act of 1986 by the Federal Highway
6    Administration, the definition of "commercial motor
7    vehicle" does not include:
8            (i) recreational vehicles, when operated primarily
9        for personal use;
10            (ii) vehicles owned by or operated under the
11        direction of the United States Department of Defense
12        or the United States Coast Guard only when operated by
13        non-civilian personnel. This includes any operator on
14        active military duty; members of the Reserves;
15        National Guard; personnel on part-time training; and
16        National Guard military technicians (civilians who are
17        required to wear military uniforms and are subject to
18        the Code of Military Justice); or
19            (iii) firefighting, police, and other emergency
20        equipment (including, without limitation, equipment
21        owned or operated by a HazMat or technical rescue team
22        authorized by a county board under Section 5-1127 of
23        the Counties Code), with audible and visual signals,
24        owned or operated by or for a governmental entity,
25        which is necessary to the preservation of life or
26        property or the execution of emergency governmental

 

 

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1        functions which are normally not subject to general
2        traffic rules and regulations.
3    (7) Controlled Substance. "Controlled substance" shall
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
8Methamphetamine Control 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 or
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; or 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).

 

 

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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
15as a 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.
18An owner-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
23such a vehicle. A person who is self-employed as a commercial
24motor vehicle driver must comply with the requirements of this
25UCDLA.
26    (15.1) Endorsement. "Endorsement" means an authorization

 

 

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1to an individual's CLP or CDL required to permit the
2individual to operate certain types of commercial motor
3vehicles.
4    (15.2) Entry-level driver training. "Entry-level driver
5training" means the training an entry-level driver receives
6from an entity listed on the Federal Motor Carrier Safety
7Administration's Training Provider Registry prior to: (i)
8taking the CDL skills test required to receive the Class A or
9Class B CDL for the first time; (ii) taking the CDL skills test
10required to upgrade to a Class A or Class B CDL; or (iii)
11taking the CDL skills test required to obtain a passenger or
12school bus endorsement for the first time or the CDL knowledge
13test required to obtain a hazardous materials endorsement for
14the first time.
15    (15.3) Excepted interstate. "Excepted interstate" means a
16person who operates or expects to operate in interstate
17commerce, but engages exclusively in transportation or
18operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
19or 398.3 from all or part of the qualification requirements of
2049 C.F.R. Part 391 and is not required to obtain a medical
21examiner's certificate by 49 C.F.R. 391.45.
22    (15.5) Excepted intrastate. "Excepted intrastate" means a
23person who operates in intrastate commerce but engages
24exclusively in transportation or operations excepted from all
25or parts of the state driver qualification requirements.
26    (16) (Blank).

 

 

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1    (16.5) Fatality. "Fatality" means the death of a person as
2a result of a motor vehicle accident.
3    (16.7) Foreign commercial driver. "Foreign commercial
4driver" means a person licensed to operate a commercial motor
5vehicle by an authority outside the United States, or a
6citizen of a foreign country who operates a commercial motor
7vehicle in the United States.
8    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
9sovereign jurisdiction that does not fall within the
10definition of "State".
11    (18) (Blank).
12    (19) (Blank).
13    (20) Hazardous materials. "Hazardous material" means any
14material that has been designated under 49 U.S.C. 5103 and is
15required to be placarded under subpart F of 49 C.F.R. part 172
16or any quantity of a material listed as a select agent or toxin
17in 42 C.F.R. part 73.
18    (20.5) Imminent Hazard. "Imminent hazard" means the
19existence of any condition of a vehicle, employee, or
20commercial motor vehicle operations that substantially
21increases the likelihood of serious injury or death if not
22discontinued immediately; or a condition relating to hazardous
23material that presents a substantial likelihood that death,
24serious illness, severe personal injury, or a substantial
25endangerment to health, property, or the environment may occur
26before the reasonably foreseeable completion date of a formal

 

 

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

 

 

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1document prescribed or approved by the Secretary of State that
2is issued by a medical examiner to a driver to medically
3qualify him or her to drive; or (2) beginning June 22, 2021, an
4electronic submission of results of an examination conducted
5by a medical examiner listed on the National Registry of
6Certified Medical Examiners to the Federal Motor Carrier
7Safety Administration of a driver to medically qualify him or
8her to drive.
9    (21.5) Medical variance. "Medical variance" means a driver
10has received one of the following from the Federal Motor
11Carrier Safety Administration which allows the driver to be
12issued a medical certificate: (1) an exemption letter
13permitting operation of a commercial motor vehicle pursuant to
1449 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
15skill performance evaluation (SPE) certificate permitting
16operation of a commercial motor vehicle pursuant to 49 C.F.R.
17391.49.
18    (21.7) Mobile telephone. "Mobile telephone" means a mobile
19communication device that falls under or uses any commercial
20mobile radio service, as defined in regulations of the Federal
21Communications Commission, 47 CFR 20.3. It does not include
22two-way or citizens band radio services.
23    (22) Motor Vehicle. "Motor vehicle" means every vehicle
24which is self-propelled, and every vehicle which is propelled
25by electric power obtained from over head trolley wires but
26not operated upon rails, except vehicles moved solely by human

 

 

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1power and motorized wheel chairs.
2    (22.2) Motor vehicle record. "Motor vehicle record" means
3a report of the driving status and history of a driver
4generated from the driver record provided to users, such as
5drivers or employers, and is subject to the provisions of the
6Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
7    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
8combination of motor vehicles not defined by the term
9"commercial motor vehicle" or "CMV" in this Section.
10    (22.7) Non-excepted interstate. "Non-excepted interstate"
11means a person who operates or expects to operate in
12interstate commerce, is subject to and meets the qualification
13requirements under 49 C.F.R. Part 391, and is required to
14obtain a medical examiner's certificate by 49 C.F.R. 391.45.
15    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
16means a person who operates only in intrastate commerce and is
17subject to State driver qualification requirements.
18    (23) Non-domiciled CLP or Non-domiciled CDL.
19"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
20respectively, issued by a state or other jurisdiction under
21either of the following two conditions:
22        (i) to an individual domiciled in a foreign country
23    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
24    of the Federal Motor Carrier Safety Administration.
25        (ii) to an individual domiciled in another state
26    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.

 

 

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1    of the Federal Motor Carrier Safety Administration.
2    (24) (Blank).
3    (25) (Blank).
4    (25.5) Railroad-Highway Grade Crossing Violation.
5"Railroad-highway grade crossing violation" means a violation,
6while operating a commercial motor vehicle, of any of the
7following:
8        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
9        (B) Any other similar law or local ordinance of any
10    state relating to railroad-highway grade crossing.
11    (25.7) School Bus. "School bus" means a commercial motor
12vehicle used to transport pre-primary, primary, or secondary
13school students from home to school, from school to home, or to
14and from school-sponsored events. "School bus" does not
15include a bus used as a common carrier.
16    (26) Serious Traffic Violation. "Serious traffic
17violation" means:
18        (A) a conviction when operating a commercial motor
19    vehicle, or when operating a non-CMV while holding a CLP
20    or CDL, of:
21            (i) a violation relating to excessive speeding,
22        involving a single speeding charge of 15 miles per
23        hour or more above the legal speed limit; or
24            (ii) a violation relating to reckless driving; or
25            (iii) a violation of any State law or local
26        ordinance relating to motor vehicle traffic control

 

 

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1        (other than parking violations) arising in connection
2        with a fatal traffic accident; or
3            (iv) a violation of Section 6-501, relating to
4        having multiple driver's licenses; or
5            (v) a violation of paragraph (a) of Section 6-507,
6        relating to the requirement to have a valid CLP or CDL;
7        or
8            (vi) a violation relating to improper or erratic
9        traffic lane changes; or
10            (vii) a violation relating to following another
11        vehicle too closely; or
12            (viii) a violation relating to texting while
13        driving; or
14            (ix) a violation relating to the use of a
15        hand-held mobile telephone while driving; or
16        (B) any other similar violation of a law or local
17    ordinance of any state relating to motor vehicle traffic
18    control, other than a parking violation, which the
19    Secretary of State determines by administrative rule to be
20    serious.
21    (27) State. "State" means a state of the United States,
22the District of Columbia and any province or territory of
23Canada.
24    (28) (Blank).
25    (29) (Blank).
26    (30) (Blank).

 

 

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1    (31) (Blank).
2    (32) Texting. "Texting" means manually entering
3alphanumeric text into, or reading text from, an electronic
4device.
5        (1) Texting includes, but is not limited to, short
6    message service, emailing, instant messaging, a command or
7    request to access a World Wide Web page, pressing more
8    than a single button to initiate or terminate a voice
9    communication using a mobile telephone, or engaging in any
10    other form of electronic text retrieval or entry for
11    present or future communication.
12        (2) Texting does not include:
13            (i) inputting, selecting, or reading information
14        on a global positioning system or navigation system;
15        or
16            (ii) pressing a single button to initiate or
17        terminate a voice communication using a mobile
18        telephone; or
19            (iii) using a device capable of performing
20        multiple functions (for example, a fleet management
21        system, dispatching device, smart phone, citizens band
22        radio, or music player) for a purpose that is not
23        otherwise prohibited by Part 392 of the Federal Motor
24        Carrier Safety Regulations.
25    (32.3) Third party skills test examiner. "Third party
26skills test examiner" means a person employed by a third party

 

 

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1tester who is authorized by the State to administer the CDL
2skills tests specified in 49 C.F.R. Part 383, subparts G and H.
3    (32.5) Third party tester. "Third party tester" means a
4person (including, but not limited to, another state, a motor
5carrier, a private driver training facility or other private
6institution, or a department, agency, or instrumentality of a
7local government) authorized by the State to employ skills
8test examiners to administer the CDL skills tests specified in
949 C.F.R. Part 383, subparts G and H.
10    (32.7) United States. "United States" means the 50 states
11and the District of Columbia.
12    (33) Use a hand-held mobile telephone. "Use a hand-held
13mobile telephone" means:
14        (1) using at least one hand to hold a mobile telephone
15    to conduct a voice communication;
16        (2) dialing or answering a mobile telephone by
17    pressing more than a single button; or
18        (3) reaching for a mobile telephone in a manner that
19    requires a driver to maneuver so that he or she is no
20    longer in a seated driving position, restrained by a seat
21    belt that is installed in accordance with 49 CFR 393.93
22    and adjusted in accordance with the vehicle manufacturer's
23    instructions.
24(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;
25101-652, eff. 1-1-23.)
 

 

 

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1    (Text of Section after amendment by P.A. 102-982)
2    Sec. 6-500. Definitions of words and phrases.
3Notwithstanding the definitions set forth elsewhere in this
4Code, for purposes of the Uniform Commercial Driver's License
5Act (UCDLA), the words and phrases listed below have the
6meanings ascribed to them as follows:
7    (1) Alcohol. "Alcohol" means any substance containing any
8form of alcohol, including but not limited to ethanol,
9methanol, propanol, and isopropanol.
10    (2) Alcohol concentration. "Alcohol concentration" means:
11        (A) the number of grams of alcohol per 210 liters of
12    breath; or
13        (B) the number of grams of alcohol per 100 milliliters
14    of blood; or
15        (C) the number of grams of alcohol per 67 milliliters
16    of urine.
17    Alcohol tests administered within 2 hours of the driver
18being "stopped or detained" shall be considered that driver's
19"alcohol concentration" for the purposes of enforcing this
20UCDLA.
21    (3) (Blank).
22    (4) (Blank).
23    (5) (Blank).
24    (5.3) CDLIS driver record. "CDLIS driver record" means the
25electronic record of the individual CDL driver's status and
26history stored by the State-of-Record as part of the

 

 

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1Commercial Driver's License Information System, or CDLIS,
2established under 49 U.S.C. 31309.
3    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
4record" or "CDLIS MVR" means a report generated from the CDLIS
5driver record meeting the requirements for access to CDLIS
6information and provided by states to users authorized in 49
7C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
8Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
9    (5.7) Commercial driver's license downgrade. "Commercial
10driver's license downgrade" or "CDL downgrade" means either:
11        (A) a state allows the driver to change his or her
12    self-certification to interstate, but operating
13    exclusively in transportation or operation excepted from
14    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
15    391.2, 391.68, or 398.3;
16        (B) a state allows the driver to change his or her
17    self-certification to intrastate only, if the driver
18    qualifies under that state's physical qualification
19    requirements for intrastate only;
20        (C) a state allows the driver to change his or her
21    certification to intrastate, but operating exclusively in
22    transportation or operations excepted from all or part of
23    the state driver qualification requirements; or
24        (D) a state removes the CDL privilege from the driver
25    license.
26    (6) Commercial Motor Vehicle.

 

 

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1        (A) "Commercial motor vehicle" or "CMV" means a motor
2    vehicle or combination of motor vehicles used in commerce,
3    except those referred to in subdivision (B), designed to
4    transport passengers or property if the motor vehicle:
5            (i) has a gross combination weight rating or gross
6        combination weight of 11,794 kilograms or more (26,001
7        pounds or more), whichever is greater, inclusive of
8        any towed unit with a gross vehicle weight rating or
9        gross vehicle weight of more than 4,536 kilograms
10        (10,000 pounds), whichever is greater; or
11            (i-5) has a gross vehicle weight rating or gross
12        vehicle weight of 11,794 or more kilograms (26,001
13        pounds or more), whichever is greater; or
14            (ii) is designed to transport 16 or more persons,
15        including the driver; or
16            (iii) is of any size and is used in transporting
17        hazardous materials as defined in 49 C.F.R. 383.5.
18        (B) Pursuant to the interpretation of the Commercial
19    Motor Vehicle Safety Act of 1986 by the Federal Highway
20    Administration, the definition of "commercial motor
21    vehicle" does not include:
22            (i) recreational vehicles, when operated primarily
23        for personal use;
24            (ii) vehicles owned by or operated under the
25        direction of the United States Department of Defense
26        or the United States Coast Guard only when operated by

 

 

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1        non-civilian personnel. This includes any operator on
2        active military duty; members of the Reserves;
3        National Guard; personnel on part-time training; and
4        National Guard military technicians (civilians who are
5        required to wear military uniforms and are subject to
6        the Code of Military Justice); or
7            (iii) firefighting, police, and other emergency
8        equipment (including, without limitation, equipment
9        owned or operated by a HazMat or technical rescue team
10        authorized by a county board under Section 5-1127 of
11        the Counties Code), with audible and visual signals,
12        owned or operated by or for a governmental entity,
13        which is necessary to the preservation of life or
14        property or the execution of emergency governmental
15        functions which are normally not subject to general
16        traffic rules and regulations.
17    (7) Controlled Substance. "Controlled substance" shall
18have the same meaning as defined in Section 102 of the Illinois
19Controlled Substances Act, and shall also include cannabis as
20defined in Section 3 of the Cannabis Control Act and
21methamphetamine as defined in Section 10 of the
22Methamphetamine Control and Community Protection Act.
23    (8) Conviction. "Conviction" means an unvacated
24adjudication of guilt or a determination that a person has
25violated or failed to comply with the law in a court of
26original jurisdiction or by an authorized administrative

 

 

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1tribunal; an unvacated revocation of pretrial release or
2forfeiture of bail or collateral deposited to secure the
3person's appearance in court; a plea of guilty or nolo
4contendere accepted by the court; or the payment of a fine or
5court cost regardless of whether the imposition of sentence is
6deferred and ultimately a judgment dismissing the underlying
7charge is entered; or a violation of a condition of pretrial
8release without bail, regardless of whether or not the penalty
9is rebated, suspended or probated.
10    (8.5) Day. "Day" means calendar day.
11    (9) (Blank).
12    (10) (Blank).
13    (11) (Blank).
14    (12) (Blank).
15    (13) Driver. "Driver" means any person who drives,
16operates, or is in physical control of a commercial motor
17vehicle, any person who is required to hold a CDL, or any
18person who is a holder of a CDL while operating a
19non-commercial motor vehicle.
20    (13.5) Driver applicant. "Driver applicant" means an
21individual who applies to a state or other jurisdiction to
22obtain, transfer, upgrade, or renew a CDL or to obtain or renew
23a CLP.
24    (13.8) Electronic device. "Electronic device" includes,
25but is not limited to, a cellular telephone, personal digital
26assistant, pager, computer, or any other device used to input,

 

 

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1write, send, receive, or read text.
2    (14) Employee. "Employee" means a person who is employed
3as a commercial motor vehicle driver. A person who is
4self-employed as a commercial motor vehicle driver must comply
5with the requirements of this UCDLA pertaining to employees.
6An owner-operator on a long-term lease shall be considered an
7employee.
8    (15) Employer. "Employer" means a person (including the
9United States, a State or a local authority) who owns or leases
10a commercial motor vehicle or assigns employees to operate
11such a vehicle. A person who is self-employed as a commercial
12motor vehicle driver must comply with the requirements of this
13UCDLA.
14    (15.1) Endorsement. "Endorsement" means an authorization
15to an individual's CLP or CDL required to permit the
16individual to operate certain types of commercial motor
17vehicles.
18    (15.2) Entry-level driver training. "Entry-level driver
19training" means the training an entry-level driver receives
20from an entity listed on the Federal Motor Carrier Safety
21Administration's Training Provider Registry prior to: (i)
22taking the CDL skills test required to receive the Class A or
23Class B CDL for the first time; (ii) taking the CDL skills test
24required to upgrade to a Class A or Class B CDL; or (iii)
25taking the CDL skills test required to obtain a passenger or
26school bus endorsement for the first time or the CDL knowledge

 

 

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1test required to obtain a hazardous materials endorsement for
2the first time.
3    (15.3) Excepted interstate. "Excepted interstate" means a
4person who operates or expects to operate in interstate
5commerce, but engages exclusively in transportation or
6operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
7or 398.3 from all or part of the qualification requirements of
849 C.F.R. Part 391 and is not required to obtain a medical
9examiner's certificate by 49 C.F.R. 391.45.
10    (15.5) Excepted intrastate. "Excepted intrastate" means a
11person who operates in intrastate commerce but engages
12exclusively in transportation or operations excepted from all
13or parts of the state driver qualification requirements.
14    (16) (Blank).
15    (16.5) Fatality. "Fatality" means the death of a person as
16a result of a motor vehicle crash.
17    (16.7) Foreign commercial driver. "Foreign commercial
18driver" means a person licensed to operate a commercial motor
19vehicle by an authority outside the United States, or a
20citizen of a foreign country who operates a commercial motor
21vehicle in the United States.
22    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
23sovereign jurisdiction that does not fall within the
24definition of "State".
25    (18) (Blank).
26    (19) (Blank).

 

 

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1    (20) Hazardous materials. "Hazardous material" means any
2material that has been designated under 49 U.S.C. 5103 and is
3required to be placarded under subpart F of 49 C.F.R. part 172
4or any quantity of a material listed as a select agent or toxin
5in 42 C.F.R. part 73.
6    (20.5) Imminent Hazard. "Imminent hazard" means the
7existence of any condition of a vehicle, employee, or
8commercial motor vehicle operations that substantially
9increases the likelihood of serious injury or death if not
10discontinued immediately; or a condition relating to hazardous
11material that presents a substantial likelihood that death,
12serious illness, severe personal injury, or a substantial
13endangerment to health, property, or the environment may occur
14before the reasonably foreseeable completion date of a formal
15proceeding begun to lessen the risk of that death, illness,
16injury or endangerment.
17    (20.6) Issuance. "Issuance" means initial issuance,
18transfer, renewal, or upgrade of a CLP or CDL and
19non-domiciled CLP or CDL.
20    (20.7) Issue. "Issue" means initial issuance, transfer,
21renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
22non-domiciled CDL.
23    (21) Long-term lease. "Long-term lease" means a lease of a
24commercial motor vehicle by the owner-lessor to a lessee, for
25a period of more than 29 days.
26    (21.01) Manual transmission. "Manual transmission" means a

 

 

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1transmission utilizing a driver-operated clutch that is
2activated by a pedal or lever and a gear-shift mechanism
3operated either by hand or foot including those known as a
4stick shift, stick, straight drive, or standard transmission.
5All other transmissions, whether semi-automatic or automatic,
6shall be considered automatic for the purposes of the
7standardized restriction code.
8    (21.1) Medical examiner. "Medical examiner" means an
9individual certified by the Federal Motor Carrier Safety
10Administration and listed on the National Registry of
11Certified Medical Examiners in accordance with Federal Motor
12Carrier Safety Regulations, 49 CFR 390.101 et seq.
13    (21.2) Medical examiner's certificate. "Medical examiner's
14certificate" means either (1) prior to June 22, 2021, a
15document prescribed or approved by the Secretary of State that
16is issued by a medical examiner to a driver to medically
17qualify him or her to drive; or (2) beginning June 22, 2021, an
18electronic submission of results of an examination conducted
19by a medical examiner listed on the National Registry of
20Certified Medical Examiners to the Federal Motor Carrier
21Safety Administration of a driver to medically qualify him or
22her to drive.
23    (21.5) Medical variance. "Medical variance" means a driver
24has received one of the following from the Federal Motor
25Carrier Safety Administration which allows the driver to be
26issued a medical certificate: (1) an exemption letter

 

 

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1permitting operation of a commercial motor vehicle pursuant to
249 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
3skill performance evaluation (SPE) certificate permitting
4operation of a commercial motor vehicle pursuant to 49 C.F.R.
5391.49.
6    (21.7) Mobile telephone. "Mobile telephone" means a mobile
7communication device that falls under or uses any commercial
8mobile radio service, as defined in regulations of the Federal
9Communications Commission, 47 CFR 20.3. It does not include
10two-way or citizens band radio services.
11    (22) Motor Vehicle. "Motor vehicle" means every vehicle
12which is self-propelled, and every vehicle which is propelled
13by electric power obtained from over head trolley wires but
14not operated upon rails, except vehicles moved solely by human
15power and motorized wheel chairs.
16    (22.2) Motor vehicle record. "Motor vehicle record" means
17a report of the driving status and history of a driver
18generated from the driver record provided to users, such as
19drivers or employers, and is subject to the provisions of the
20Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
21    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
22combination of motor vehicles not defined by the term
23"commercial motor vehicle" or "CMV" in this Section.
24    (22.7) Non-excepted interstate. "Non-excepted interstate"
25means a person who operates or expects to operate in
26interstate commerce, is subject to and meets the qualification

 

 

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1requirements under 49 C.F.R. Part 391, and is required to
2obtain a medical examiner's certificate by 49 C.F.R. 391.45.
3    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
4means a person who operates only in intrastate commerce and is
5subject to State driver qualification requirements.
6    (23) Non-domiciled CLP or Non-domiciled CDL.
7"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
8respectively, issued by a state or other jurisdiction under
9either of the following two conditions:
10        (i) to an individual domiciled in a foreign country
11    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
12    of the Federal Motor Carrier Safety Administration.
13        (ii) to an individual domiciled in another state
14    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
15    of the Federal Motor Carrier Safety Administration.
16    (24) (Blank).
17    (25) (Blank).
18    (25.5) Railroad-Highway Grade Crossing Violation.
19"Railroad-highway grade crossing violation" means a violation,
20while operating a commercial motor vehicle, of any of the
21following:
22        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
23        (B) Any other similar law or local ordinance of any
24    state relating to railroad-highway grade crossing.
25    (25.7) School Bus. "School bus" means a commercial motor
26vehicle used to transport pre-primary, primary, or secondary

 

 

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1school students from home to school, from school to home, or to
2and from school-sponsored events. "School bus" does not
3include a bus used as a common carrier.
4    (26) Serious Traffic Violation. "Serious traffic
5violation" means:
6        (A) a conviction when operating a commercial motor
7    vehicle, or when operating a non-CMV while holding a CLP
8    or CDL, of:
9            (i) a violation relating to excessive speeding,
10        involving a single speeding charge of 15 miles per
11        hour or more above the legal speed limit; or
12            (ii) a violation relating to reckless driving; or
13            (iii) a violation of any State law or local
14        ordinance relating to motor vehicle traffic control
15        (other than parking violations) arising in connection
16        with a fatal traffic crash; or
17            (iv) a violation of Section 6-501, relating to
18        having multiple driver's licenses; or
19            (v) a violation of paragraph (a) of Section 6-507,
20        relating to the requirement to have a valid CLP or CDL;
21        or
22            (vi) a violation relating to improper or erratic
23        traffic lane changes; or
24            (vii) a violation relating to following another
25        vehicle too closely; or
26            (viii) a violation relating to texting while

 

 

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1        driving; or
2            (ix) a violation relating to the use of a
3        hand-held mobile telephone while driving; or
4        (B) any other similar violation of a law or local
5    ordinance of any state relating to motor vehicle traffic
6    control, other than a parking violation, which the
7    Secretary of State determines by administrative rule to be
8    serious.
9    (27) State. "State" means a state of the United States,
10the District of Columbia and any province or territory of
11Canada.
12    (28) (Blank).
13    (29) (Blank).
14    (30) (Blank).
15    (31) (Blank).
16    (32) Texting. "Texting" means manually entering
17alphanumeric text into, or reading text from, an electronic
18device.
19        (1) Texting includes, but is not limited to, short
20    message service, emailing, instant messaging, a command or
21    request to access a World Wide Web page, pressing more
22    than a single button to initiate or terminate a voice
23    communication using a mobile telephone, or engaging in any
24    other form of electronic text retrieval or entry for
25    present or future communication.
26        (2) Texting does not include:

 

 

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1            (i) inputting, selecting, or reading information
2        on a global positioning system or navigation system;
3        or
4            (ii) pressing a single button to initiate or
5        terminate a voice communication using a mobile
6        telephone; or
7            (iii) using a device capable of performing
8        multiple functions (for example, a fleet management
9        system, dispatching device, smart phone, citizens band
10        radio, or music player) for a purpose that is not
11        otherwise prohibited by Part 392 of the Federal Motor
12        Carrier Safety Regulations.
13    (32.3) Third party skills test examiner. "Third party
14skills test examiner" means a person employed by a third party
15tester who is authorized by the State to administer the CDL
16skills tests specified in 49 C.F.R. Part 383, subparts G and H.
17    (32.5) Third party tester. "Third party tester" means a
18person (including, but not limited to, another state, a motor
19carrier, a private driver training facility or other private
20institution, or a department, agency, or instrumentality of a
21local government) authorized by the State to employ skills
22test examiners to administer the CDL skills tests specified in
2349 C.F.R. Part 383, subparts G and H.
24    (32.7) United States. "United States" means the 50 states
25and the District of Columbia.
26    (33) Use a hand-held mobile telephone. "Use a hand-held

 

 

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1mobile telephone" means:
2        (1) using at least one hand to hold a mobile telephone
3    to conduct a voice communication;
4        (2) dialing or answering a mobile telephone by
5    pressing more than a single button; or
6        (3) reaching for a mobile telephone in a manner that
7    requires a driver to maneuver so that he or she is no
8    longer in a seated driving position, restrained by a seat
9    belt that is installed in accordance with 49 CFR 393.93
10    and adjusted in accordance with the vehicle manufacturer's
11    instructions.
12(Source: P.A. 101-185, eff. 1-1-20; 101-652, eff. 1-1-23;
13102-982, eff. 7-1-23.)
 
14    Section 55. The Snowmobile Registration and Safety Act is
15amended by changing Section 5-7 as follows:
 
16    (625 ILCS 40/5-7)
17    (Text of Section before amendment by P.A. 101-652)
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,
24    blood, 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 forfeiture of bail or collateral deposited to
25    secure a defendant's appearance in court when forfeiture
26    has not been vacated; or

 

 

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1        (2) the failure of a defendant to appear for trial.
2    (d) Every person convicted of violating this Section is
3guilty of a Class 4 felony if:
4        1. The person has a previous conviction under this
5    Section;
6        2. The offense results in personal injury where a
7    person other than the operator suffers great bodily harm
8    or permanent disability or disfigurement, when the
9    violation was a proximate cause of the injuries. A person
10    guilty of a Class 4 felony under this paragraph 2, if
11    sentenced to a term of imprisonment, shall be sentenced to
12    not less than one year nor more than 12 years; or
13        3. The offense occurred during a period in which the
14    person's privileges to operate a snowmobile are revoked or
15    suspended, and the revocation or suspension was for a
16    violation of this Section or was imposed under Section
17    5-7.1.
18    (e) Every person convicted of violating this Section is
19guilty of a Class 2 felony if the offense results in the death
20of a person. A person guilty of a Class 2 felony under this
21subsection (e), if sentenced to a term of imprisonment, shall
22be sentenced to a term of not less than 3 years and not more
23than 14 years.
24    (e-1) Every person convicted of violating this Section or
25a similar provision of a local ordinance who had a child under
26the age of 16 on board the snowmobile at the time of offense

 

 

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

 

 

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1enforcement equipment shall include, but is not limited to,
2in-car video cameras, radar and laser speed detection devices,
3and alcohol breath testers.
4    (f) In addition to any criminal penalties imposed, the
5Department of Natural Resources shall suspend the snowmobile
6operation privileges of a person convicted or found guilty of
7a misdemeanor under this Section for a period of one year,
8except that first-time offenders are exempt from this
9mandatory one-year suspension.
10    (g) In addition to any criminal penalties imposed, the
11Department of Natural Resources shall suspend for a period of
125 years the snowmobile operation privileges of any person
13convicted or found guilty of a felony under this Section.
14(Source: P.A. 102-145, eff. 7-23-21; 102-813, eff. 5-13-22.)
 
15    (Text of Section after amendment by P.A. 101-652)
16    Sec. 5-7. Operating a snowmobile while under the influence
17of alcohol or other drug or drugs, intoxicating compound or
18compounds, or a combination of them; criminal penalties;
19suspension of operating privileges.
20    (a) A person may not operate or be in actual physical
21control of a snowmobile within this State while:
22        1. The alcohol concentration in that person's blood,
23    other bodily substance, or breath is a concentration at
24    which driving a motor vehicle is prohibited under
25    subdivision (1) of subsection (a) of Section 11-501 of the

 

 

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

 

 

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

 

 

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1guilty of a Class 4 felony if:
2        1. The person has a previous conviction under this
3    Section;
4        2. The offense results in personal injury where a
5    person other than the operator suffers great bodily harm
6    or permanent disability or disfigurement, when the
7    violation was a proximate cause of the injuries. A person
8    guilty of a Class 4 felony under this paragraph 2, if
9    sentenced to a term of imprisonment, shall be sentenced to
10    not less than one year nor more than 12 years; or
11        3. The offense occurred during a period in which the
12    person's privileges to operate a snowmobile are revoked or
13    suspended, and the revocation or suspension was for a
14    violation of this Section or was imposed under Section
15    5-7.1.
16    (e) Every person convicted of violating this Section is
17guilty of a Class 2 felony if the offense results in the death
18of a person. A person guilty of a Class 2 felony under this
19subsection (e), if sentenced to a term of imprisonment, shall
20be sentenced to a term of not less than 3 years and not more
21than 14 years.
22    (e-1) Every person convicted of violating this Section or
23a similar provision of a local ordinance who had a child under
24the age of 16 on board the snowmobile at the time of offense
25shall be subject to a mandatory minimum fine of $500 and shall
26be subject to a mandatory minimum of 5 days of community

 

 

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1service in a program benefiting children. The assignment under
2this subsection shall not be subject to suspension nor shall
3the person be eligible for probation in order to reduce the
4assignment.
5    (e-2) Every person found guilty of violating this Section,
6whose operation of a snowmobile while in violation of this
7Section proximately caused any incident resulting in an
8appropriate emergency response, shall be liable for the
9expense of an emergency response as provided in subsection (i)
10of Section 11-501.01 of the Illinois Vehicle Code.
11    (e-3) In addition to any other penalties and liabilities,
12a person who is found guilty of violating this Section,
13including any person placed on court supervision, shall be
14fined $100, payable to the circuit clerk, who shall distribute
15the money to the law enforcement agency that made the arrest or
16as provided in subsection (c) of Section 10-5 of the Criminal
17and Traffic Assessment Act if the arresting agency is a State
18agency, unless more than one agency is responsible for the
19arrest, in which case the amount shall be remitted to each unit
20of government equally. Any moneys received by a law
21enforcement agency under this subsection (e-3) shall be used
22to purchase law enforcement equipment or to provide law
23enforcement training that will assist in the prevention of
24alcohol related criminal violence throughout the State. Law
25enforcement equipment shall include, but is not limited to,
26in-car video cameras, radar and laser speed detection devices,

 

 

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1and alcohol breath testers.
2    (f) In addition to any criminal penalties imposed, the
3Department of Natural Resources shall suspend the snowmobile
4operation privileges of a person convicted or found guilty of
5a misdemeanor under this Section for a period of one year,
6except that first-time offenders are exempt from this
7mandatory one-year suspension.
8    (g) In addition to any criminal penalties imposed, the
9Department of Natural Resources shall suspend for a period of
105 years the snowmobile operation privileges of any person
11convicted or found guilty of a felony under this Section.
12(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;
13102-813, eff. 5-13-22.)
 
14    Section 60. The Criminal Code of 2012 is amended by
15changing Section 32-10 as follows:
 
16    (720 ILCS 5/32-10)  (from Ch. 38, par. 32-10)
17    (Text of Section before amendment by P.A. 101-652)
18    Sec. 32-10. Violation of bail bond.
19    (a) Whoever, having been admitted to bail for appearance
20before any court of this State, incurs a forfeiture of the bail
21and knowingly fails to surrender himself or herself within 30
22days following the date of the forfeiture, commits, if the
23bail was given in connection with a charge of felony or pending
24appeal or certiorari after conviction of any offense, a felony

 

 

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1of the next lower Class or a Class A misdemeanor if the
2underlying offense was a Class 4 felony; or, if the bail was
3given in connection with a charge of committing a misdemeanor,
4or for appearance as a witness, commits a misdemeanor of the
5next lower Class, but not less than a Class C misdemeanor.
6    (a-5) Any person who knowingly violates a condition of
7bail bond by possessing a firearm in violation of his or her
8conditions of bail commits a Class 4 felony for a first
9violation and a Class 3 felony for a second or subsequent
10violation.
11    (b) Whoever, having been admitted to bail for appearance
12before any court of this State, while charged with a criminal
13offense in which the victim is a family or household member as
14defined in Article 112A of the Code of Criminal Procedure of
151963, knowingly violates a condition of that release as set
16forth in Section 110-10, subsection (d) of the Code of
17Criminal Procedure of 1963, commits a Class A misdemeanor.
18    (c) Whoever, having been admitted to bail for appearance
19before any court of this State for a felony, Class A
20misdemeanor or a criminal offense in which the victim is a
21family or household member as defined in Article 112A of the
22Code of Criminal Procedure of 1963, is charged with any other
23felony, Class A misdemeanor, or a criminal offense in which
24the victim is a family or household member as defined in
25Article 112A of the Code of Criminal Procedure of 1963 while on
26this release, must appear before the court before bail is

 

 

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1statutorily set.
2    (d) Nothing in this Section shall interfere with or
3prevent the exercise by any court of its power to punishment
4for contempt. Any sentence imposed for violation of this
5Section shall be served consecutive to the sentence imposed
6for the charge for which bail had been granted and with respect
7to which the defendant has been convicted.
8(Source: P.A. 97-1108, eff. 1-1-13.)
 
9    (Text of Section after amendment by P.A. 101-652)
10    Sec. 32-10. Violation of conditions of pretrial release.
11    (a)(Blank). Whoever, having been released pretrial under
12conditions for appearance before any court of this State,
13incurs a violation of conditions of pretrial release and
14knowingly fails to surrender himself or herself within 30 days
15following the date of the violation, commits, if the
16conditions of pretrial release was given in connection with a
17charge of felony or pending appeal or certiorari after
18conviction of any offense, a Class A misdemeanor if the
19underlying offense was a felony. If the violation of pretrial
20conditions were made in connection with a charge of committing
21a misdemeanor, or for appearance as a witness, commits a Class
22C misdemeanor.
23    (a-5) Any person who knowingly violates a condition of
24pretrial release by possessing a firearm in violation of his
25or her conditions of pretrial release commits a Class 4 felony

 

 

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1for a first violation and a Class 3 felony for a second or
2subsequent violation.
3    (b) Whoever, having been released pretrial under
4conditions for appearance before any court of this State,
5while charged with a criminal offense in which the victim is a
6family or household member as defined in Article 112A of the
7Code of Criminal Procedure of 1963, knowingly violates a
8condition of that release as set forth in Section 110-10,
9subsection (d) of the Code of Criminal Procedure of 1963,
10commits a Class A misdemeanor.
11    (c) Whoever, having been released pretrial under
12conditions for appearance before any court of this State for a
13felony, Class A misdemeanor or a criminal offense in which the
14victim is a family or household member as defined in Article
15112A of the Code of Criminal Procedure of 1963, is charged with
16any other felony, Class A misdemeanor, or a criminal offense
17in which the victim is a family or household member as defined
18in Article 112A of the Code of Criminal Procedure of 1963 while
19on this release, must appear before the court and may not be
20released by law enforcement under 109-1 of the Code of
21Criminal Procedure of 1963 prior to the court appearance.
22    (d) Nothing in this Section shall interfere with or
23prevent the exercise by any court of its power to punish
24punishment for contempt. Any sentence imposed for violation of
25this Section may be served consecutive to the sentence imposed
26for the charge for which pretrial release had been granted and

 

 

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1with respect to which the defendant has been convicted.
2(Source: P.A. 101-652, eff. 1-1-23.)
 
3    (720 ILCS 5/32-15 rep.)
4    Section 65. The Criminal Code of 2012 is amended by
5repealing Section 32-15.
 
6    Section 70. The Code of Criminal Procedure of 1963 is
7amended by changing Sections 102-6, 102-7, 106D-1, 107-9,
8109-1, 109-2, 109-3, 109-3.1, 110-1, 110-2, 110-3, 110-5,
9110-5.2, 110-6, 110-6.1, 110-10, 110-12, and 113-3.1 and by
10adding Sections 102-10.5, 102-14.5, 110-6.6, and 110-7.5 as
11follows:
 
12    (725 ILCS 5/102-6)  (from Ch. 38, par. 102-6)
13    (Text of Section before amendment by P.A. 101-652)
14    Sec. 102-6. "Bail". "Bail" means the amount of money set
15by the court which is required to be obligated and secured as
16provided by law for the release of a person in custody in order
17that he will appear before the court in which his appearance
18may be required and that he will comply with such conditions as
19set forth in the bail bond.
20(Source: Laws 1963, p. 2836.)
 
21    (Text of Section after amendment by P.A. 101-652)
22    Sec. 102-6. Pretrial release. "Pretrial release" has the

 

 

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1meaning ascribed to bail in Section 9 of Article I of the
2Illinois Constitution where the sureties provided are
3nonmonetary in nature that is non-monetary.
4(Source: P.A. 101-652, eff. 1-1-23.)
 
5    (725 ILCS 5/102-7)  (from Ch. 38, par. 102-7)
6    (Text of Section before amendment by P.A. 101-652)
7    Sec. 102-7. "Bail bond". "Bail bond" means an undertaking
8secured by bail entered into by a person in custody by which he
9binds himself to comply with such conditions as are set forth
10therein.
11(Source: Laws 1963, p. 2836.)
 
12    (Text of Section after amendment by P.A. 101-652)
13    Sec. 102-7. Conditions of pretrial release. "Conditions of
14pretrial release" means the requirements imposed upon a
15criminal defendant by the court under Section 110-5 the
16conditions established by the court entered into by a person
17in custody by which he binds himself to comply with such
18conditions as are set forth therein.
19(Source: P.A. 101-652, eff. 1-1-23.)
 
20    (725 ILCS 5/102-10.5 new)
21    Sec. 102-10.5. "Felony".
22    "Felony" has the meaning provided in Section 2-7 of the
23Criminal Code of 2012.
 

 

 

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1    (725 ILCS 5/102-14.5 new)
2    Sec. 102-14.5. "Misdemeanor".
3    "Misdemeanor" has the meaning provided in Section 2-11 of
4the Criminal Code of 2012.
 
5    (725 ILCS 5/106D-1)
6    (Text of Section before amendment by P.A. 101-652)
7    Sec. 106D-1. Defendant's appearance by closed circuit
8television and video conference.
9    (a) Whenever the appearance in person in court, in either
10a civil or criminal proceeding, is required of anyone held in a
11place of custody or confinement operated by the State or any of
12its political subdivisions, including counties and
13municipalities, the chief judge of the circuit by rule may
14permit the personal appearance to be made by means of two-way
15audio-visual communication, including closed circuit
16television and computerized video conference, in the following
17proceedings:
18        (1) the initial appearance before a judge on a
19    criminal complaint, at which bail will be set;
20        (2) the waiver of a preliminary hearing;
21        (3) the arraignment on an information or indictment at
22    which a plea of not guilty will be entered;
23        (4) the presentation of a jury waiver;
24        (5) any status hearing;

 

 

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1        (6) any hearing conducted under the Sexually Violent
2    Persons Commitment Act at which no witness testimony will
3    be taken; and
4        (7) at any hearing at which no witness testimony will
5    be taken conducted under the following:
6            (A) Section 104-20 of this Code (90-day hearings);
7            (B) Section 104-22 of this Code (trial with
8        special provisions and assistance);
9            (C) Section 104-25 of this Code (discharge
10        hearing); or
11            (D) Section 5-2-4 of the Unified Code of
12        Corrections (proceedings after acquittal by reason of
13        insanity).
14    (b) The two-way audio-visual communication facilities must
15provide two-way audio-visual communication between the court
16and the place of custody or confinement, and must include a
17secure line over which the person in custody and his or her
18counsel, if any, may communicate.
19    (c) Nothing in this Section shall be construed to prohibit
20other court appearances through the use of two-way
21audio-visual communication, upon waiver of any right the
22person in custody or confinement may have to be present
23physically.
24    (d) Nothing in this Section shall be construed to
25establish a right of any person held in custody or confinement
26to appear in court through two-way audio-visual communication

 

 

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1or to require that any governmental entity, or place of
2custody or confinement, provide two-way audio-visual
3communication.
4(Source: P.A. 102-486, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
5    (Text of Section after amendment by P.A. 101-652)
6    Sec. 106D-1. Defendant's appearance by two-way
7audio-visual communication system closed circuit television
8and video conference.
9    (a) Whenever the appearance in person in court, in either
10a civil or criminal proceeding, is required of anyone held in a
11place of custody or confinement operated by the State or any of
12its political subdivisions, including counties and
13municipalities, the chief judge of the circuit by rule may
14permit the personal appearance to be made by means of a two-way
15audio-visual communication system, including closed circuit
16television and computerized video conference, in the following
17proceedings:
18        (1) the initial appearance before a judge on a
19    criminal complaint as provided in subsection (f) of
20    Section 109-1 , at which the conditions of pretrial release
21    will be set;
22        (2) the waiver of a preliminary hearing;
23        (3) the arraignment on an information or indictment at
24    which a plea of not guilty will be entered;
25        (4) the presentation of a jury waiver;

 

 

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1        (5) any status hearing;
2        (6) any hearing conducted under the Sexually Violent
3    Persons Commitment Act at which no witness testimony will
4    be taken; and
5        (7) at any hearing at which no witness testimony will
6    be taken conducted under the following:
7            (A) Section 104-20 of this Code (90-day hearings);
8            (B) Section 104-22 of this Code (trial with
9        special provisions and assistance);
10            (C) Section 104-25 of this Code (discharge
11        hearing); or
12            (D) Section 5-2-4 of the Unified Code of
13        Corrections (proceedings after acquittal by reason of
14        insanity).
15    (b) The two-way audio-visual communication facilities must
16provide two-way audio-visual communication between the court
17and the place of custody or confinement, and must include a
18secure line over which the person in custody and his or her
19counsel, if any, may communicate.
20    (c) Nothing in this Section shall be construed to prohibit
21other court appearances through the use of a two-way
22audio-visual communication system if the person in custody or
23confinement waives the right to be present physically in
24court, the court determines that the physical health and
25safety of any person necessary to the proceedings would be
26endangered by appearing in court, or the chief judge of the

 

 

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1circuit orders use of that system due to operational
2challenges in conducting the hearing in person , upon waiver of
3any right the person in custody or confinement may have to be
4present physically. Such operational challenges must be
5documented and approved by the chief judge of the circuit, and
6a plan to address the challenges through reasonable efforts
7must be presented and approved by the Administrative Office of
8the Illinois Courts every 6 months.
9    (d) Nothing in this Section shall be construed to
10establish a right of any person held in custody or confinement
11to appear in court through a two-way audio-visual
12communication system or to require that any governmental
13entity, or place of custody or confinement, provide a two-way
14audio-visual communication system.
15(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;
16102-813, eff. 5-13-22.)
 
17    (725 ILCS 5/107-9)  (from Ch. 38, par. 107-9)
18    (Text of Section before amendment by P.A. 101-652)
19    Sec. 107-9. Issuance of arrest warrant upon complaint.
20    (a) When a complaint is presented to a court charging that
21an offense has been committed it shall examine upon oath or
22affirmation the complainant or any witnesses.
23    (b) The complaint shall be in writing and shall:
24        (1) State the name of the accused if known, and if not
25    known the accused may be designated by any name or

 

 

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1    description by which he can be identified with reasonable
2    certainty;
3        (2) State the offense with which the accused is
4    charged;
5        (3) State the time and place of the offense as
6    definitely as can be done by the complainant; and
7        (4) Be subscribed and sworn to by the complainant.
8    (b-5) If an arrest warrant is sought and the request is
9made by electronic means that has a simultaneous video and
10audio transmission between the requester and a judge, the
11judge may issue an arrest warrant based upon a sworn complaint
12or sworn testimony communicated in the transmission.
13    (c) A warrant shall be issued by the court for the arrest
14of the person complained against if it appears from the
15contents of the complaint and the examination of the
16complainant or other witnesses, if any, that the person
17against whom the complaint was made has committed an offense.
18    (d) The warrant of arrest shall:
19        (1) Be in writing;
20        (2) Specify the name, sex and birth date of the person
21    to be arrested or if his name, sex or birth date is
22    unknown, shall designate such person by any name or
23    description by which he can be identified with reasonable
24    certainty;
25        (3) Set forth the nature of the offense;
26        (4) State the date when issued and the municipality or

 

 

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1    county where issued;
2        (5) Be signed by the judge of the court with the title
3    of his office;
4        (6) Command that the person against whom the complaint
5    was made be arrested and brought before the court issuing
6    the warrant or if he is absent or unable to act before the
7    nearest or most accessible court in the same county;
8        (7) Specify the amount of bail; and
9        (8) Specify any geographical limitation placed on the
10    execution of the warrant, but such limitation shall not be
11    expressed in mileage.
12    (e) The warrant shall be directed to all peace officers in
13the State. It shall be executed by the peace officer, or by a
14private person specially named therein, at any location within
15the geographic limitation for execution placed on the warrant.
16If no geographic limitation is placed on the warrant, then it
17may be executed anywhere in the State.
18    (f) The arrest warrant may be issued electronically or
19electromagnetically by use of electronic mail or a facsimile
20transmission machine and any arrest warrant shall have the
21same validity as a written warrant.
22(Source: P.A. 101-239, eff. 1-1-20.)
 
23    (Text of Section after amendment by P.A. 101-652)
24    Sec. 107-9. Issuance of arrest warrant upon complaint.
25    (a) When a complaint is presented to a court charging that

 

 

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1an offense has been committed, it shall examine upon oath or
2affirmation the complainant or any witnesses.
3    (b) The complaint shall be in writing and shall:
4        (1) State the name of the accused if known, and if not
5    known the accused may be designated by any name or
6    description by which he can be identified with reasonable
7    certainty;
8        (2) State the offense with which the accused is
9    charged;
10        (3) State the time and place of the offense as
11    definitely as can be done by the complainant; and
12        (4) Be subscribed and sworn to by the complainant.
13    (b-5) If an arrest warrant or summons is sought and the
14request is made by electronic means that has a simultaneous
15video and audio transmission between the requester and a
16judge, the judge may issue an arrest warrant or summons based
17upon a sworn complaint or sworn testimony communicated in the
18transmission.
19    (c) A warrant or summons may shall be issued by the court
20for the arrest or appearance of the person complained against
21if it appears from the contents of the complaint and the
22examination of the complainant or other witnesses, if any,
23that the person against whom the complaint was made has
24committed an offense.
25    (d) The warrant of arrest or summons shall:
26        (1) Be in writing;

 

 

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1        (2) Specify the name, sex and birth date of the person
2    to be arrested or summoned or, if his name, sex or birth
3    date is unknown, shall designate such person by any name
4    or description by which the person he can be identified
5    with reasonable 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 the judge's his office; and
11        (6) Command that the person against whom the complaint
12    was made to be arrested and brought before the court
13    issuing the warrant or the nearest or most accessible
14    court in the same county, or appear before the court at a
15    certain time and place; issuing the warrant or if he is
16    absent or unable to act before the nearest or most
17    accessible court in the same county;
18        (7) Specify the conditions of pretrial release, if
19    any; and
20        (8) Specify any geographical limitation placed on the
21    execution of the warrant, if any, but such limitation
22    shall not be expressed in mileage.
23    (e) The summons may be served in the same manner as the
24summons in a civil action, except that a police officer may
25serve a summons for a violation of an ordinance occurring
26within the municipality of the police officer.

 

 

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1    (f) If the person summoned fails to appear by the date
2required or cannot be located to serve the summons, a warrant
3may be issued by the court for the arrest of the person
4complained against.
5    (g) A warrant of arrest issued under this Section shall
6incorporate the information included in the summons, and shall
7comply with the following:
8        (1) The arrest warrant shall specify any geographic
9    limitation placed on the execution of the warrant, but
10    such limitation shall not be expressed in mileage.
11        (2) (e) The arrest warrant shall be directed to all
12    peace officers in the State. It shall be executed by the
13    peace officer, or by a private person specially named
14    therein, at any location within the geographic limitation
15    for execution placed on the warrant. If no geographic
16    limitation is placed on the warrant, then it may be
17    executed anywhere in the State.
18    (h) (f) The arrest warrant or summons may be issued
19electronically or electromagnetically by use of electronic
20mail or a facsimile transmission machine and any such arrest
21warrant or summons shall have the same validity as a written
22arrest warrant or summons.
23(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23.)
 
24    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
25    (Text of Section before amendment by P.A. 101-652)

 

 

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1    Sec. 109-1. Person arrested.
2    (a) A person arrested with or without a warrant shall be
3taken without unnecessary delay before the nearest and most
4accessible judge in that county, except when such county is a
5participant in a regional jail authority, in which event such
6person may be taken to the nearest and most accessible judge,
7irrespective of the county where such judge presides, and a
8charge shall be filed. Whenever a person arrested either with
9or without a warrant is required to be taken before a judge, a
10charge may be filed against such person by way of a two-way
11closed circuit television system, except that a hearing to
12deny bail to the defendant may not be conducted by way of
13closed circuit television.
14    (a-5) A person charged with an offense shall be allowed
15counsel at the hearing at which bail is determined under
16Article 110 of this Code. If the defendant desires counsel for
17his or her initial appearance but is unable to obtain counsel,
18the court shall appoint a public defender or licensed attorney
19at law of this State to represent him or her for purposes of
20that hearing.
21    (b) The judge shall:
22        (1) Inform the defendant of the charge against him and
23    shall provide him with a copy of the charge;
24        (2) Advise the defendant of his right to counsel and
25    if indigent shall appoint a public defender or licensed
26    attorney at law of this State to represent him in

 

 

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1    accordance with the provisions of Section 113-3 of this
2    Code;
3        (3) Schedule a preliminary hearing in appropriate
4    cases;
5        (4) Admit the defendant to bail in accordance with the
6    provisions of Article 110 of this Code; 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
11    Act, if the judge determines, based on the factors in
12    Section 110-5 of this Code, that this will reasonably
13    ensure the appearance of the defendant and compliance by
14    the defendant 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

 

 

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1defendant before his or her first appearance in court, the
2court shall grant any reasonable request for a continuance of
3the proceedings to allow contact with the defendant's
4consulate. Any delay caused by the granting of the request by a
5defendant shall temporarily suspend for the time of the delay
6the period within which a person shall be tried as prescribed
7by subsections (a), (b), or (e) of Section 103-5 of this Code
8and on the day of the expiration of delay the period shall
9continue at the point at which it was suspended.
10(Source: P.A. 102-813, eff. 5-13-22.)
 
11    (Text of Section after amendment by P.A. 101-652)
12    Sec. 109-1. Person arrested; release from law enforcement
13custody and court appearance; geographic geographical
14constraints prevent in-person appearances.
15    (a) A person arrested with or without a warrant for an
16offense for which pretrial release may be denied under
17paragraphs (1) through (6) of Section 110-6.1 shall be taken
18without unnecessary delay before the nearest and most
19accessible judge in that county, except when such county is a
20participant in a regional jail authority, in which event such
21person may be taken to the nearest and most accessible judge,
22irrespective of the county where such judge presides, within
2348 hours, and a charge shall be filed. Whenever a person
24arrested either with or without a warrant is required to be
25taken before a judge, a charge may be filed against such person

 

 

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1by way of a two-way audio-visual communication system closed
2circuit television system, except that a hearing to deny
3pretrial release to the defendant may not be conducted by
4two-way audio-visual communication system unless the accused
5waives the right to be present physically in court, the court
6determines that the physical health and safety of any person
7necessary to the proceedings would be endangered by appearing
8in court, or the chief judge of the circuit orders use of that
9system due to operational challenges in conducting the hearing
10in person. Such operational challenges must be documented and
11approved by the chief judge of the circuit, and a plan to
12address the challenges through reasonable efforts must be
13presented and approved by the Administrative Office of the
14Illinois Courts every 6 months. way of closed circuit
15television.
16    (a-1) Law enforcement shall issue a citation in lieu of
17custodial arrest, upon proper identification, for those
18accused of any offense that is not a felony or Class A
19misdemeanor unless (i) a law enforcement officer reasonably
20believes the accused poses a threat to the community or any
21person, (ii) a custodial arrest is necessary because the
22criminal activity persists after the issuance of a citation
23traffic and Class B and C criminal misdemeanor offenses, or of
24petty and business offenses, who pose no obvious threat to the
25community or any person, or (iii) the accused has an who have
26no obvious medical or mental health issue issues that poses

 

 

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1pose a risk to the accused's their own safety. Nothing in this
2Section requires arrest in the case of Class A misdemeanor and
3felony offenses, or otherwise limits existing law enforcement
4discretion to decline to effect a custodial arrest Those
5released on citation shall be scheduled into court within 21
6days.
7    (a-3) A person arrested with or without a warrant for an
8offense for which pretrial release may not be denied may,
9except as otherwise provided in this Code, be released by a law
10enforcement the officer without appearing before a judge. The
11releasing officer shall issue the person a summons to appear
12within 21 days. A presumption in favor of pretrial release
13shall be applied by an arresting officer in the exercise of his
14or her discretion under this Section.
15    (a-5) A person charged with an offense shall be allowed
16counsel at the hearing at which pretrial release is determined
17under Article 110 of this Code. If the defendant desires
18counsel for his or her initial appearance but is unable to
19obtain counsel, the court shall appoint a public defender or
20licensed attorney at law of this State to represent him or her
21for purposes of that hearing.
22    (b) Upon initial appearance of a person before the court,
23the judge shall:
24        (1) inform the defendant of the charge against him and
25    shall provide him with a copy of the charge;
26        (2) advise the defendant of his right to counsel and

 

 

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1    if indigent shall appoint a public defender or licensed
2    attorney at law of this State to represent him in
3    accordance with the provisions of Section 113-3 of this
4    Code;
5        (3) schedule a preliminary hearing in appropriate
6    cases;
7        (4) admit the defendant to pretrial release in
8    accordance with the provisions of Article 110 of this
9    Code, or upon verified petition of the State, proceed with
10    the setting of a detention hearing as provided in Section
11    110-6.1; and
12        (5) order the confiscation of the person's passport or
13    impose travel restrictions on a defendant arrested for
14    first degree murder or other violent crime as defined in
15    Section 3 of the Rights of Crime Victims and Witnesses
16    Act, if the judge determines, based on the factors in
17    Section 110-5 of this Code, that this will reasonably
18    ensure the appearance of the defendant and compliance by
19    the defendant with all conditions of release.
20    (c) The court may issue an order of protection in
21accordance with the provisions of Article 112A of this Code.
22Crime victims shall be given notice by the State's Attorney's
23office of this hearing as required in paragraph (2) of
24subsection (b) of Section 4.5 of the Rights of Crime Victims
25and Witnesses Act and shall be informed of their opportunity
26at this hearing to obtain an order of protection under Article

 

 

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1112A of this Code.
2    (d) At the initial appearance of a defendant in any
3criminal proceeding, the court must advise the defendant in
4open court that any foreign national who is arrested or
5detained has the right to have notice of the arrest or
6detention given to his or her country's consular
7representatives and the right to communicate with those
8consular representatives if the notice has not already been
9provided. The court must make a written record of so advising
10the defendant.
11    (e) If consular notification is not provided to a
12defendant before his or her first appearance in court, the
13court shall grant any reasonable request for a continuance of
14the proceedings to allow contact with the defendant's
15consulate. Any delay caused by the granting of the request by a
16defendant shall temporarily suspend for the time of the delay
17the period within which a person shall be tried as prescribed
18by subsection (a), (b), or (e) of Section 103-5 of this Code
19and on the day of the expiration of delay the period shall
20continue at the point at which it was suspended.
21    (f) At the hearing at which conditions of pretrial release
22are determined, the person charged shall be present in person
23rather than by two-way audio-video communication system unless
24the accused waives the right to be present physically in
25court, the court determines that the physical health and
26safety of any person necessary to the proceedings would be

 

 

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1endangered by appearing in court, or the chief judge of the
2circuit orders use of that system due to operational
3challenges in conducting the hearing in person. Such
4operational challenges must be documented and approved by the
5chief judge of the circuit, and a plan to address the
6challenges through reasonable efforts must be presented and
7approved by the Administrative Office of the Illinois Courts
8every 6 months. video phone or any other form of electronic
9communication, unless the physical health and safety of the
10person would be endangered by appearing in court or the
11accused waives the right to be present in person.
12    (g) Defense counsel shall be given adequate opportunity to
13confer with the defendant prior to any hearing in which
14conditions of release or the detention of the defendant is to
15be considered, with a physical accommodation made to
16facilitate attorney/client consultation. If defense counsel
17needs to confer or consult with the defendant during any
18hearing conducted via a two-way audio-visual communication
19system, such consultation shall not be recorded and shall be
20undertaken consistent with constitutional protections.
21(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
 
22    (725 ILCS 5/109-2)  (from Ch. 38, par. 109-2)
23    (Text of Section before amendment by P.A. 101-652)
24    Sec. 109-2. Person arrested in another county.
25    (a) Any person arrested in a county other than the one in

 

 

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1which a warrant for his arrest was issued shall be taken
2without unnecessary delay before the nearest and most
3accessible judge in the county where the arrest was made or, if
4no additional delay is created, before the nearest and most
5accessible judge in the county from which the warrant was
6issued. He shall be admitted to bail in the amount specified in
7the warrant or, for offenses other than felonies, in an amount
8as set by the judge, and such bail shall be conditioned on his
9appearing in the court issuing the warrant on a certain date.
10The judge may hold a hearing to determine if the defendant is
11the same person as named in the warrant.
12    (b) Notwithstanding the provisions of subsection (a), any
13person arrested in a county other than the one in which a
14warrant for his arrest was issued, may waive the right to be
15taken before a judge in the county where the arrest was made.
16If a person so arrested waives such right, the arresting
17agency shall surrender such person to a law enforcement agency
18of the county that issued the warrant without unnecessary
19delay. The provisions of Section 109-1 shall then apply to the
20person so arrested.
21(Source: P.A. 86-298.)
 
22    (Text of Section after amendment by P.A. 101-652)
23    Sec. 109-2. Person arrested in another county.
24    (a) Any person arrested in a county other than the one in
25which a warrant for his arrest was issued shall be taken

 

 

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1without unnecessary delay before the nearest and most
2accessible judge in the county where the arrest was made or, if
3no additional delay is created, before the nearest and most
4accessible judge in the county from which the warrant was
5issued. Upon arrival in the county in which the warrant was
6issued, the status of the arrested person's release status
7shall be determined by the release revocation process
8described in Section 110-6. The judge may hold a hearing to
9determine if the defendant is the same person as named in the
10warrant.
11    (b) Notwithstanding the provisions of subsection (a), any
12person arrested in a county other than the one in which a
13warrant for his arrest was issued, may waive the right to be
14taken before a judge in the county where the arrest was made.
15If a person so arrested waives such right, the arresting
16agency shall surrender such person to a law enforcement agency
17of the county that issued the warrant without unnecessary
18delay. The provisions of Section 109-1 shall then apply to the
19person so arrested.
20    (c) If a person is taken before a judge in any county and a
21warrant for arrest issued by another Illinois county exists
22for that person, the court in the arresting county shall hold
23for that person a detention hearing under Section 110-6.1, or
24other hearing under Section 110-5 or Section 110-6. If a
25defendant is charged with a felony offense, but has a warrant
26in another county, the defendant shall be taken to the county

 

 

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1that issued the warrant within 72 hours of the completion of
2condition or detention hearing, so that release or detention
3status can be resolved. This provision shall not apply to
4warrants issued outside of Illinois.
5    (d) After the court in the arresting county has determined
6whether the person shall be released or detained on the
7arresting offense, the court shall then order the sheriff to
8immediately contact the sheriff in any county where any
9warrant is outstanding and notify them of the arrest of the
10individual.
11    (e) If a person has a warrant in another county for an
12offense, then, no later than 5 calendar days after the end of
13any detention issued on the charge in the arresting county,
14the county where the warrant is outstanding shall do one of the
15following:
16        (1) transport the person to the county where the
17    warrant was issued for a hearing under Section 110-6 or
18    110-6.1 in the matter for which the warrant was issued; or
19        (2) quash the warrant and order the person released on
20    the case for which the warrant was issued only when the
21    county that issued the warrant fails to transport the
22    defendant in the timeline as proscribed.
23    (f) If the issuing county fails to take any action under
24subsection (e) within 5 calendar days, the defendant shall be
25released from custody on the warrant, and the circuit judge or
26associate circuit judge in the county of arrest shall set

 

 

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1conditions of release under Section 110-5 and shall admit the
2defendant to pretrial release for his or her appearance before
3the court named in the warrant. Upon releasing the defendant,
4the circuit judge or associate circuit judge shall certify
5such a fact on the warrant and deliver the warrant and the
6acknowledgment by the defendant of his or her receiving the
7conditions of pretrial release to the officer having charge of
8the defendant from arrest and without delay deliver such
9warrant and such acknowledgment by the defendant of his or her
10receiving the conditions to the court before which the
11defendant is required to appear.
12    (g) If a person has a warrant in another county, in lieu of
13transporting the person to the issuing county as outlined in
14subsection (e), the issuing county may hold the hearing by way
15of a two-way audio-visual communication system if the accused
16waives the right to be physically present in court, the court
17determines that the physical health and safety of any person
18necessary to the proceedings would be endangered by appearing
19in court, or the chief judge of the circuit orders use of that
20system due to operational challenges in conducting the hearing
21in person. Such operational challenges must be documented and
22approved by the chief judge of the circuit, and a plan to
23address the challenges through reasonable efforts must be
24presented and approved by the Administrative Office of the
25Illinois Courts every 6 months.
26    (h) If more than 2 Illinois county warrants exist, the

 

 

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1judge in the county of arrest shall order that the process
2described in subsections (d) through (f) occur in each county
3in whatever order the judge finds most appropriate. Each judge
4in each subsequent county shall then follow the rules in this
5Section.
6    (i) This Section applies only to warrants issued by
7Illinois state, county, or municipal courts.
8    (j) When an issuing agency is contacted by an out-of-state
9agency of a person arrested for any offense, or when an
10arresting agency is contacted by or contacts an out-of-state
11issuing agency, the Uniform Criminal Extradition Act shall
12govern.
13(Source: P.A. 101-652, eff. 1-1-23.)
 
14    (725 ILCS 5/109-3)  (from Ch. 38, par. 109-3)
15    (Text of Section before amendment by P.A. 101-652)
16    Sec. 109-3. Preliminary examination.)
17    (a) The judge shall hold the defendant to answer to the
18court having jurisdiction of the offense if from the evidence
19it appears there is probable cause to believe an offense has
20been committed by the defendant, as provided in Section
21109-3.1 of this Code, if the offense is a felony.
22    (b) If the defendant waives preliminary examination the
23judge shall hold him to answer and may, or on the demand of the
24prosecuting attorney shall, cause the witnesses for the State
25to be examined. After hearing the testimony if it appears that

 

 

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1there is not probable cause to believe the defendant guilty of
2any offense the judge shall discharge him.
3    (c) During the examination of any witness or when the
4defendant is making a statement or testifying the judge may
5and on the request of the defendant or State shall exclude all
6other witnesses. He may also cause the witnesses to be kept
7separate and to be prevented from communicating with each
8other until all are examined.
9    (d) If the defendant is held to answer the judge may
10require any material witness for the State or defendant to
11enter into a written undertaking to appear at the trial, and
12may provide for the forfeiture of a sum certain in the event
13the witness does not appear at the trial. Any witness who
14refuses to execute a recognizance may be committed by the
15judge to the custody of the sheriff until trial or further
16order of the court having jurisdiction of the cause. Any
17witness who executes a recognizance and fails to comply with
18its terms shall, in addition to any forfeiture provided in the
19recognizance, be subject to the penalty provided in Section
2032-10 of the Criminal Code of 2012 for violation of bail bond.
21    (e) During preliminary hearing or examination the
22defendant may move for an order of suppression of evidence
23pursuant to Section 114-11 or 114-12 of this Act or for other
24reasons, and may move for dismissal of the charge pursuant to
25Section 114-1 of this Act or for other reasons.
26(Source: P.A. 97-1150, eff. 1-25-13.)
 

 

 

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1    (Text of Section after amendment by P.A. 101-652)
2    Sec. 109-3. Preliminary examination.)
3    (a) The judge shall hold the defendant to answer to the
4court having jurisdiction of the offense if from the evidence
5it appears there is probable cause to believe an offense has
6been committed by the defendant, as provided in Section
7109-3.1 of this Code, if the offense is a felony.
8    (b) If the defendant waives preliminary examination the
9judge shall hold him to answer and may, or on the demand of the
10prosecuting attorney shall, cause the witnesses for the State
11to be examined. After hearing the testimony if it appears that
12there is not probable cause to believe the defendant guilty of
13any offense the judge shall discharge him.
14    (c) During the examination of any witness or when the
15defendant is making a statement or testifying the judge may
16and on the request of the defendant or State shall exclude all
17other witnesses. He may also cause the witnesses to be kept
18separate and to be prevented from communicating with each
19other until all are examined.
20    (d) If the defendant is held to answer the judge may
21require any material witness for the State or defendant to
22enter into a written undertaking to appear at the trial, and
23may provide for the forfeiture of a sum certain in the event
24the witness does not appear at the trial. Any witness who
25refuses to execute a recognizance may be committed by the

 

 

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1judge to the custody of the sheriff until trial or further
2order of the court having jurisdiction of the cause. Any
3witness who executes a recognizance and fails to comply with
4its terms commits a Class C misdemeanor shall, in addition to
5any forfeiture provided in the recognizance, be subject to the
6penalty provided in Section 32-10 of the Criminal Code of 2012
7for violation of the conditions of pretrial release.
8    (e) During preliminary hearing or examination the
9defendant may move for an order of suppression of evidence
10pursuant to Section 114-11 or 114-12 of this Act or for other
11reasons, and may move for dismissal of the charge pursuant to
12Section 114-1 of this Act or for other reasons.
13(Source: P.A. 101-652, eff. 1-1-23.)
 
14    (725 ILCS 5/109-3.1)  (from Ch. 38, par. 109-3.1)
15    (Text of Section before amendment by P.A. 101-652)
16    Sec. 109-3.1. Persons charged with felonies.
17    (a) In any case involving a person charged with a felony in
18this State, alleged to have been committed on or after January
191, 1984, the provisions of this Section shall apply.
20    (b) Every person in custody in this State for the alleged
21commission of a felony shall receive either a preliminary
22examination as provided in Section 109-3 or an indictment by
23Grand Jury as provided in Section 111-2, within 30 days from
24the date he or she was taken into custody. Every person on bail
25or recognizance for the alleged commission of a felony shall

 

 

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1receive either a preliminary examination as provided in
2Section 109-3 or an indictment by Grand Jury as provided in
3Section 111-2, within 60 days from the date he or she was
4arrested.
5    The provisions of this paragraph shall not apply in the
6following situations:
7        (1) when delay is occasioned by the defendant; or
8        (2) when the defendant has been indicted by the Grand
9    Jury on the felony offense for which he or she was
10    initially taken into custody or on an offense arising from
11    the same transaction or conduct of the defendant that was
12    the basis for the felony offense or offenses initially
13    charged; or
14        (3) when a competency examination is ordered by the
15    court; or
16        (4) when a competency hearing is held; or
17        (5) when an adjudication of incompetency for trial has
18    been made; or
19        (6) when the case has been continued by the court
20    under Section 114-4 of this Code after a determination
21    that the defendant is physically incompetent to stand
22    trial.
23    (c) Delay occasioned by the defendant shall temporarily
24suspend, for the time of the delay, the period within which the
25preliminary examination must be held. On the day of expiration
26of the delay the period in question shall continue at the point

 

 

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1at which it was suspended.
2(Source: P.A. 83-644.)
 
3    (Text of Section after amendment by P.A. 101-652)
4    Sec. 109-3.1. Persons charged with felonies.
5    (a) In any case involving a person charged with a felony in
6this State, alleged to have been committed on or after January
71, 1984, the provisions of this Section shall apply.
8    (b) Every person in custody in this State for the alleged
9commission of a felony shall receive either a preliminary
10examination as provided in Section 109-3 or an indictment by
11Grand Jury as provided in Section 111-2, within 30 days from
12the date he or she was taken into custody. Every person
13released pretrial on pretrial release or recognizance for the
14alleged commission of a felony shall receive either a
15preliminary examination as provided in Section 109-3 or an
16indictment by Grand Jury as provided in Section 111-2, within
1760 days from the date he or she was arrested.
18    The provisions of this paragraph shall not apply in the
19following situations:
20        (1) when delay is occasioned by the defendant; or
21        (2) when the defendant has been indicted by the Grand
22    Jury on the felony offense for which he or she was
23    initially taken into custody or on an offense arising from
24    the same transaction or conduct of the defendant that was
25    the basis for the felony offense or offenses initially

 

 

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1    charged; or
2        (3) when a competency examination is ordered by the
3    court; or
4        (4) when a competency hearing is held; or
5        (5) when an adjudication of incompetency for trial has
6    been made; or
7        (6) when the case has been continued by the court
8    under Section 114-4 of this Code after a determination
9    that the defendant is physically incompetent to stand
10    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. 101-652, eff. 1-1-23.)
 
17    (725 ILCS 5/110-1)  (from Ch. 38, par. 110-1)
18    (Text of Section before amendment by P.A. 101-652)
19    Sec. 110-1. Definitions.
20    (a) "Security" is that which is required to be pledged to
21insure 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
25bail bond and binds himself to pay the bail if the person in

 

 

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1custody fails to comply with all conditions of the bail bond.
2    (c) The phrase "for which a sentence of imprisonment,
3without conditional and revocable release, shall be imposed by
4law as a consequence of conviction" means an offense for which
5a sentence of imprisonment, without probation, periodic
6imprisonment or conditional discharge, is required by law upon
7conviction.
8    (d) "Real and present threat to the physical safety of any
9person or persons", as used in this Article, includes a threat
10to the community, person, persons or class of persons.
11(Source: P.A. 85-892; 102-813, eff. 5-13-22.)
 
12    (Text of Section after amendment by P.A. 101-652)
13    Sec. 110-1. Definitions. As used in this Article:
14    (a) (Blank).
15    (b) "Sureties" encompasses the monetary and nonmonetary
16requirements set by the court as conditions for release either
17before or after conviction.
18    (c) The phrase "for which a sentence of imprisonment,
19without conditional and revocable release, shall be imposed by
20law as a consequence of conviction" means an offense for which
21a sentence of imprisonment in the Department of Corrections,
22without probation, periodic imprisonment or conditional
23discharge, is required by law upon conviction.
24    (d)(Blank).
25    (e) "Protective order" means any order of protection

 

 

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1issued under Section 112A-14 of this Code or the Illinois
2Domestic Violence Act of 1986, a stalking no contact order
3issued under Section 80 of the Stalking No Contact Order Act,
4or a civil no contact order issued under Section 213 of the
5Civil No Contact Order Act.
6    (f) (e) "Willful flight" means intentional conduct with a
7purpose to thwart the judicial process to avoid prosecution.
8Isolated instances of nonappearance in court alone are not
9evidence of the risk of willful flight. Reoccurrence and
10patterns of intentional conduct to evade prosecution, along
11with any affirmative steps to communicate or remedy any such
12missed court date, may be considered as factors in assessing
13future intent to evade prosecution planning or attempting to
14intentionally evade prosecution by concealing oneself. Simple
15past non-appearance in court alone is not evidence of future
16intent to evade prosecution.
17(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
 
18    (725 ILCS 5/110-2)  (from Ch. 38, par. 110-2)
19    (Text of Section before amendment by P.A. 101-652)
20    Sec. 110-2. Release on own recognizance. When from all the
21circumstances the court is of the opinion that the defendant
22will appear as required either before or after conviction and
23the defendant will not pose a danger to any person or the
24community and that the defendant will comply with all
25conditions of bond, which shall include the defendant's

 

 

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1current address with a written admonishment to the defendant
2that he or she must comply with the provisions of Section
3110-12 of this Code regarding any change in his or her address,
4the defendant may be released on his or her own recognizance.
5The defendant's address shall at all times remain a matter of
6public record with the clerk of the court. A failure to appear
7as required by such recognizance shall constitute an offense
8subject to the penalty provided in Section 32-10 of the
9Criminal Code of 2012 for violation of the bail bond, and any
10obligated sum fixed in the recognizance shall be forfeited and
11collected in accordance with subsection (g) of Section 110-7
12of this Code.
13    This Section shall be liberally construed to effectuate
14the purpose of relying upon contempt of court proceedings or
15criminal sanctions instead of financial loss to assure the
16appearance of the defendant, and that the defendant will not
17pose a danger to any person or the community and that the
18defendant will comply with all conditions of bond. Monetary
19bail should be set only when it is determined that no other
20conditions of release will reasonably assure the defendant's
21appearance in court, that the defendant does not present a
22danger to any person or the community and that the defendant
23will comply with all conditions of bond.
24    The State may appeal any order permitting release by
25personal recognizance.
26(Source: P.A. 97-1150, eff. 1-25-13.)
 

 

 

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1    (Text of Section after amendment by P.A. 101-652)
2    Sec. 110-2. Pretrial release. Release on own recognizance.
3    (a) All persons charged with an offense shall be eligible
4for pretrial release before conviction. It is presumed that a
5defendant is entitled to release on personal recognizance on
6the condition that the defendant attend all required court
7proceedings and the defendant does not commit any criminal
8offense, and complies with all terms of pretrial release,
9including, but not limited to, orders of protection under both
10Section 112A-4 of this Code and Section 214 of the Illinois
11Domestic Violence Act of 1986, all civil no contact orders,
12and all stalking no contact orders. Pretrial release may be
13denied only if a person is charged with an offense listed in
14Section 110-6.1 and after the court has held a hearing under
15Section 110-6.1, and in a manner consistent with subsections
16(b), (c), and (d) of this Section.
17    (b) At all pretrial hearings, the prosecution shall have
18the burden to prove by clear and convincing evidence that any
19condition of release is necessary. Additional conditions of
20release, including those highlighted above, shall be set only
21when it is determined that they are necessary to assure the
22defendant's appearance in court, assure the defendant does not
23commit any criminal offense, and complies with all conditions
24of pretrial release.
25    (c) When it is alleged that pretrial release should be

 

 

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1denied to a person upon the grounds that the person presents a
2real and present threat to the safety of any person or persons
3or the community, based on the specific articulable facts of
4the case, the burden of proof of such allegations shall be upon
5the State Detention only shall be imposed when it is
6determined that the defendant poses a specific, real and
7present threat to a person, or has a high likelihood of willful
8flight. If the court deems that the defendant is to be released
9on personal recognizance, the court may require that a written
10admonishment be signed by the defendant requiring that he or
11she must comply with the provisions of Section 110-12 of this
12Code regarding any change in his or her address. The defendant
13may be released on his or her own recognizance upon signature.
14The defendant's address shall at all times remain a matter of
15public record with the clerk of the court. A failure to appear
16as required by such recognizance shall constitute an offense
17subject to the penalty provided in Section 32-10 of the
18Criminal Code of 2012 for violation of the conditions of
19pretrial release.
20    (d) When it is alleged that pretrial release should be
21denied to a person charged with stalking or aggravated
22stalking upon the grounds set forth in Section 110-6.3, the
23burden of proof of those allegations shall be upon the State
24If, after the procedures set out in Section 110-6.1, the court
25decides to detain the defendant, the Court must make a written
26finding as to why less restrictive conditions would not assure

 

 

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1safety to the community and assure the defendant's appearance
2in court. At each subsequent appearance of the defendant
3before the Court, the judge must find that continued detention
4or the current set of conditions imposed are necessary to
5avoid the specific, real and present threat to any person or of
6willful flight from prosecution to continue detention of the
7defendant. The court is not required to be presented with new
8information or a change in circumstance to consider
9reconsidering pretrial detention on current conditions.
10    (e) This Section shall be liberally construed to
11effectuate the purpose of relying on pretrial release by
12nonmonetary means to reasonably ensure an eligible person's
13appearance in court, the protection of the safety of any other
14person or the community, that the person will not attempt or
15obstruct the criminal justice process, and the person's
16compliance with all conditions of release, while authorizing
17the court, upon motion of a prosecutor, to order pretrial
18detention of the person under Section 110-6.1 when it finds
19clear and convincing evidence that no condition or combination
20of conditions can reasonably ensure the effectuation of these
21goals upon contempt of court proceedings or criminal sanctions
22instead of financial loss to assure the appearance of the
23defendant, and that the defendant will not pose a danger to any
24person or the community and that the defendant will not pose a
25danger to any person or the community and that the defendant
26will comply with all conditions of pretrial release.

 

 

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1(Source: P.A. 101-652, eff. 1-1-23.)
 
2    (725 ILCS 5/110-3)  (from Ch. 38, par. 110-3)
3    (Text of Section before amendment by P.A. 101-652)
4    Sec. 110-3. Issuance of warrant. Upon failure to comply
5with any condition of a bail bond or recognizance, the court
6having jurisdiction at the time of such failure may, in
7addition to any other action provided by law, issue a warrant
8for the arrest of the person at liberty on bail or his own
9recognizance. The contents of such a warrant shall be the same
10as required for an arrest warrant issued upon complaint. When
11a defendant is at liberty on bail or his own recognizance on a
12felony charge and fails to appear in court as directed, the
13court shall issue a warrant for the arrest of such person. Such
14warrant shall be noted with a directive to peace officers to
15arrest the person and hold such person without bail and to
16deliver such person before the court for further proceedings.
17A defendant who is arrested or surrenders within 30 days of the
18issuance of such warrant shall not be bailable in the case in
19question unless he shows by the preponderance of the evidence
20that his failure to appear was not intentional.
21(Source: P.A. 102-813, eff. 5-13-22.)
 
22    (Text of Section after amendment by P.A. 101-652)
23    Sec. 110-3. Options for warrant alternatives.
24    (a) Upon failure to comply with any condition of pretrial

 

 

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1release or recognizance, the court having jurisdiction at the
2time of such failure may, on its own motion or upon motion from
3the State, issue a summons or an order to show cause as to why
4he or she shall not be subject to revocation of pretrial
5release, or for sanctions, as provided in Section 110-6.
6Nothing in this Section prohibits the court from issuing a
7warrant for the arrest of the person at liberty on pretrial
8release. This Section shall be construed to effectuate the
9goal of relying upon summonses rather than warrants to ensure
10the appearance of the defendant in court whenever possible.
11The contents of such a summons or warrant shall be the same as
12required for those issued upon complaint under Section 107-9.
13under subsection (c) upon failure to comply with any condition
14of pretrial release or recognizance.
15    (b) A defendant who appears in court on the date assigned
16or within 48 hours of service, whichever is later, in response
17to a summons issued for failure to appear in court, shall not
18be recorded in the official docket as having failed to appear
19on the initial missed court date. If a person fails to appear
20in court on the date listed on the summons, the court may issue
21a warrant for the person's arrest.
22    (c) For the purpose of any risk assessment or future
23evaluation of risk of willful flight or risk of failure to
24appear, a nonappearance in court cured by an appearance in
25response to a summons shall not be considered as evidence of
26future likelihood of appearance in court.

 

 

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1    (b) The order issued by the court shall state the facts
2alleged to constitute the hearing to show cause or otherwise
3why the person is subject to revocation of pretrial release. A
4certified copy of the order shall be served upon the person at
5least 48 hours in advance of the scheduled hearing.
6    (c) If the person does not appear at the hearing to show
7cause or absconds, the court may, in addition to any other
8action provided by law, issue a warrant for the arrest of the
9person at liberty on pretrial release. The contents of such a
10warrant shall be the same as required for an arrest warrant
11issued upon complaint and may modify any previously imposed
12conditions placed upon the person, rather than revoking
13pretrial release or issuing a warrant for the person in
14accordance with the requirements in subsections (d) and (e) of
15Section 110-5. When a defendant is at liberty on pretrial
16release or his own recognizance on a felony charge and fails to
17appear in court as directed, the court may issue a warrant for
18the arrest of such person after his or her failure to appear at
19the show for cause hearing as provided in this Section. Such
20warrant shall be noted with a directive to peace officers to
21arrest the person and hold such person without pretrial
22release and to deliver such person before the court for
23further proceedings.
24    (d) If the order as described in subsection (b) is issued,
25a failure to appear shall not be recorded until the defendant
26fails to appear at the hearing to show cause. For the purpose

 

 

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1of any risk assessment or future evaluation of risk of willful
2flight or risk of failure to appear, a non-appearance in court
3cured by an appearance at the hearing to show cause shall not
4be considered as evidence of future likelihood of appearance
5in court.
6(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
 
7    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
8    (Text of Section before amendment by P.A. 101-652)
9    Sec. 110-5. Determining the amount of bail and conditions
10of release.
11    (a) In determining the amount of monetary bail or
12conditions of release, if any, which will reasonably assure
13the appearance of a defendant as required or the safety of any
14other person or the community and the likelihood of compliance
15by the defendant with all the conditions of bail, the court
16shall, on the basis of available information, take into
17account such matters as the nature and circumstances of the
18offense charged, whether the evidence shows that as part of
19the offense there was a use of violence or threatened use of
20violence, whether the offense involved corruption of public
21officials or employees, whether there was physical harm or
22threats of physical harm to any public official, public
23employee, judge, prosecutor, juror or witness, senior citizen,
24child, or person with a disability, whether evidence shows
25that during the offense or during the arrest the defendant

 

 

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

 

 

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

 

 

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

 

 

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1of whether it would be admissible under the rules of evidence
2applicable at criminal trials. If the State presents evidence
3that the offense committed by the defendant was related to or
4in furtherance of the criminal activities of an organized gang
5or was motivated by the defendant's membership in or
6allegiance to an organized gang, and if the court determines
7that the evidence may be substantiated, the court shall
8prohibit the defendant from associating with other members of
9the organized gang as a condition of bail or release. For the
10purposes of this Section, "organized gang" has the meaning
11ascribed to it in Section 10 of the Illinois Streetgang
12Terrorism Omnibus Prevention Act.
13    (a-5) There shall be a presumption that any conditions of
14release imposed shall be non-monetary in nature and the court
15shall impose the least restrictive conditions or combination
16of conditions necessary to reasonably assure the appearance of
17the defendant for further court proceedings and protect the
18integrity of the judicial proceedings from a specific threat
19to a witness or participant. Conditions of release may
20include, but not be limited to, electronic home monitoring,
21curfews, drug counseling, stay-away orders, and in-person
22reporting. The court shall consider the defendant's
23socio-economic circumstance when setting conditions of release
24or imposing monetary bail.
25    (b) The amount of bail shall be:
26        (1) Sufficient to assure compliance with the

 

 

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1    conditions set forth in the bail bond, which shall include
2    the defendant's current address with a written
3    admonishment to the defendant that he or she must comply
4    with the provisions of Section 110-12 regarding any change
5    in his or her address. The defendant's address shall at
6    all times remain a matter of public record with the clerk
7    of the court.
8        (2) Not oppressive.
9        (3) Considerate of the financial ability of the
10    accused.
11        (4) When a person is charged with a drug related
12    offense involving possession or delivery of cannabis or
13    possession or delivery of a controlled substance as
14    defined in the Cannabis Control Act, the Illinois
15    Controlled Substances Act, or the Methamphetamine Control
16    and Community Protection Act, the full street value of the
17    drugs seized shall be considered. "Street value" shall be
18    determined by the court on the basis of a proffer by the
19    State based upon reliable information of a law enforcement
20    official contained in a written report as to the amount
21    seized and such proffer may be used by the court as to the
22    current street value of the smallest unit of the drug
23    seized.
24    (b-5) Upon the filing of a written request demonstrating
25reasonable cause, the State's Attorney may request a source of
26bail hearing either before or after the posting of any funds.

 

 

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1If the hearing is granted, before the posting of any bail, the
2accused must file a written notice requesting that the court
3conduct a source of bail hearing. The notice must be
4accompanied by justifying affidavits stating the legitimate
5and lawful source of funds for bail. At the hearing, the court
6shall inquire into any matters stated in any justifying
7affidavits, and may also inquire into matters appropriate to
8the determination which shall include, but are not limited to,
9the following:
10        (1) the background, character, reputation, and
11    relationship to the accused of any surety; and
12        (2) the source of any money or property deposited by
13    any surety, and whether any such money or property
14    constitutes the fruits of criminal or unlawful conduct;
15    and
16        (3) the source of any money posted as cash bail, and
17    whether any such money constitutes the fruits of criminal
18    or unlawful conduct; and
19        (4) the background, character, reputation, and
20    relationship to the accused of the person posting cash
21    bail.
22    Upon setting the hearing, the court shall examine, under
23oath, any persons who may possess material information.
24    The State's Attorney has a right to attend the hearing, to
25call witnesses and to examine any witness in the proceeding.
26The court shall, upon request of the State's Attorney,

 

 

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1continue the proceedings for a reasonable period to allow the
2State's Attorney to investigate the matter raised in any
3testimony or affidavit. If the hearing is granted after the
4accused has posted bail, the court shall conduct a hearing
5consistent with this subsection (b-5). At the conclusion of
6the hearing, the court must issue an order either approving or
7disapproving the bail.
8    (c) When a person is charged with an offense punishable by
9fine only the amount of the bail shall not exceed double the
10amount of the maximum penalty.
11    (d) When a person has been convicted of an offense and only
12a fine has been imposed the amount of the bail shall not exceed
13double the amount of the fine.
14    (e) The State may appeal any order granting bail or
15setting a given amount for bail.
16    (f) When a person is charged with a violation of an order
17of protection under Section 12-3.4 or 12-30 of the Criminal
18Code of 1961 or the Criminal Code of 2012 or when a person is
19charged with domestic battery, aggravated domestic battery,
20kidnapping, aggravated kidnaping, unlawful restraint,
21aggravated unlawful restraint, stalking, aggravated stalking,
22cyberstalking, harassment by telephone, harassment through
23electronic communications, or an attempt to commit first
24degree murder committed against an intimate partner regardless
25whether an order of protection has been issued against the
26person,

 

 

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1        (1) whether the alleged incident involved harassment
2    or abuse, as defined in the Illinois Domestic Violence Act
3    of 1986;
4        (2) whether the person has a history of domestic
5    violence, as defined in the Illinois Domestic Violence
6    Act, or a history of other criminal acts;
7        (3) based on the mental health of the person;
8        (4) whether the person has a history of violating the
9    orders of any court or governmental entity;
10        (5) whether the person has been, or is, potentially a
11    threat to any other person;
12        (6) whether the person has access to deadly weapons or
13    a history of using deadly weapons;
14        (7) whether the person has a history of abusing
15    alcohol or any controlled substance;
16        (8) based on the severity of the alleged incident that
17    is the basis of the alleged offense, including, but not
18    limited to, the duration of the current incident, and
19    whether the alleged incident involved the use of a weapon,
20    physical injury, sexual assault, strangulation, abuse
21    during the alleged victim's pregnancy, abuse of pets, or
22    forcible entry to gain access to the alleged victim;
23        (9) whether a separation of the person from the
24    alleged victim or a termination of the relationship
25    between the person and the alleged victim has recently
26    occurred or is pending;

 

 

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1        (10) whether the person has exhibited obsessive or
2    controlling behaviors toward the alleged victim,
3    including, but not limited to, stalking, surveillance, or
4    isolation of the alleged victim or victim's family member
5    or members;
6        (11) whether the person has expressed suicidal or
7    homicidal ideations;
8        (12) based on any information contained in the
9    complaint and any police reports, affidavits, or other
10    documents accompanying the complaint,
11the court may, in its discretion, order the respondent to
12undergo a risk assessment evaluation using a recognized,
13evidence-based instrument conducted by an Illinois Department
14of Human Services approved partner abuse intervention program
15provider, pretrial service, probation, or parole agency. These
16agencies shall have access to summaries of the defendant's
17criminal history, which shall not include victim interviews or
18information, for the risk evaluation. Based on the information
19collected from the 12 points to be considered at a bail hearing
20under this subsection (f), the results of any risk evaluation
21conducted and the other circumstances of the violation, the
22court may order that the person, as a condition of bail, be
23placed under electronic surveillance as provided in Section
245-8A-7 of the Unified Code of Corrections. Upon making a
25determination whether or not to order the respondent to
26undergo a risk assessment evaluation or to be placed under

 

 

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1electronic surveillance and risk assessment, the court shall
2document in the record the court's reasons for making those
3determinations. The cost of the electronic surveillance and
4risk assessment shall be paid by, or on behalf, of the
5defendant. As used in this subsection (f), "intimate partner"
6means a spouse or a current or former partner in a cohabitation
7or dating relationship.
8(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
9102-813, eff. 5-13-22.)
 
10    (Text of Section after amendment by P.A. 101-652)
11    Sec. 110-5. Determining the amount of bail and conditions
12of release.
13    (a) In determining which conditions of pretrial release,
14if any, will reasonably ensure assure the appearance of a
15defendant as required or the safety of any other person or the
16community and the likelihood of compliance by the defendant
17with all the conditions of pretrial release, the court shall,
18on the basis of available information, take into account such
19matters as:
20        (1) the nature and circumstances of the offense
21    charged;
22        (2) the weight of the evidence against the eligible
23    defendant, except that the court may consider the
24    admissibility of any evidence sought to be excluded;
25        (3) the history and characteristics of the eligible

 

 

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1    defendant, including:
2            (A) the eligible defendant's character, physical
3        and mental condition, family ties, employment,
4        financial resources, length of residence in the
5        community, community ties, past relating to drug or
6        alcohol abuse, conduct, history criminal history, and
7        record concerning appearance at court proceedings; and
8            (B) whether, at the time of the current offense or
9        arrest, the eligible defendant was on probation,
10        parole, or on other release pending trial, sentencing,
11        appeal, or completion of sentence for an offense under
12        federal law, or the law of this or any other state;
13        (4) the nature and seriousness of the real and present
14    threat to the safety of any person or persons or the
15    community, based on the specific articulable facts of the
16    case, specific, real and present threat to any person that
17    would be posed by the eligible defendant's release, if
18    applicable, as required under paragraph (7.5) of Section 4
19    of the Rights of Crime Victims and Witnesses Act; and
20        (5) the nature and seriousness of the risk of
21    obstructing or attempting to obstruct the criminal justice
22    process that would be posed by the eligible defendant's
23    release, if applicable; .
24        (6) when a person is charged with a violation of a
25    protective order, domestic battery, aggravated domestic
26    battery, kidnapping, aggravated kidnaping, unlawful

 

 

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1    restraint, aggravated unlawful restraint, cyberstalking,
2    harassment by telephone, harassment through electronic
3    communications, or an attempt to commit first degree
4    murder committed against a spouse or a current or former
5    partner in a cohabitation or dating relationship,
6    regardless of whether an order of protection has been
7    issued against the person, the court may consider the
8    following additional factors:
9            (A) whether the alleged incident involved
10        harassment or abuse, as defined in the Illinois
11        Domestic Violence Act of 1986;
12            (B) whether the person has a history of domestic
13        violence, as defined in the Illinois Domestic Violence
14        Act of 1986, or a history of other criminal acts;
15            (C) the mental health of the person;
16            (D) whether the person has a history of violating
17        the orders of any court or governmental entity;
18            (E) whether the person has been, or is,
19        potentially a threat to any other person;
20            (F) whether the person has access to deadly
21        weapons or a history of using deadly weapons;
22            (G) whether the person has a history of abusing
23        alcohol or any controlled substance;
24            (H) the severity of the alleged incident that is
25        the basis of the alleged offense, including, but not
26        limited to, the duration of the current incident, and

 

 

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1        whether the alleged incident involved the use of a
2        weapon, physical injury, sexual assault,
3        strangulation, abuse during the alleged victim's
4        pregnancy, abuse of pets, or forcible entry to gain
5        access to the alleged victim;
6            (I) whether a separation of the person from the
7        victim of abuse or a termination of the relationship
8        between the person and the victim of abuse has
9        recently occurred or is pending;
10            (J) whether the person has exhibited obsessive or
11        controlling behaviors toward the victim of abuse,
12        including, but not limited to, stalking, surveillance,
13        or isolation of the victim of abuse or the victim's
14        family member or members;
15            (K) whether the person has expressed suicidal or
16        homicidal ideations; and
17            (L) any other factors deemed by the court to have a
18        reasonable bearing upon the defendant's propensity or
19        reputation for violent, abusive, or assaultive
20        behavior, or lack of that behavior.
21        (7) in cases of stalking or aggravated stalking under
22    Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
23    court may consider the factors listed in paragraph (6) and
24    the following additional factors:
25            (A) any evidence of the defendant's prior criminal
26        history indicative of violent, abusive or assaultive

 

 

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1        behavior, or lack of that behavior; the evidence may
2        include testimony or documents received in juvenile
3        proceedings, criminal, quasi-criminal, civil
4        commitment, domestic relations, or other proceedings;
5            (B) any evidence of the defendant's psychological,
6        psychiatric, or other similar social history that
7        tends to indicate a violent, abusive, or assaultive
8        nature, or lack of any such history;
9            (C) the nature of the threat that is the basis of
10        the charge against the defendant;
11            (D) any statements made by, or attributed to, the
12        defendant, together with the circumstances surrounding
13        them;
14            (E) the age and physical condition of any person
15        allegedly assaulted by the defendant;
16            (F) whether the defendant is known to possess or
17        have access to any weapon or weapons; and
18            (G) any other factors deemed by the court to have a
19        reasonable bearing upon the defendant's propensity or
20        reputation for violent, abusive, or assaultive
21        behavior, or lack of that behavior.
22    (b) The court may use a regularly validated risk
23assessment tool to aid its determination of appropriate
24conditions of release as provided under Section 110-6.4. If a
25risk assessment tool is used, the defendant's counsel shall be
26provided with the information and scoring system of the risk

 

 

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1assessment tool used to arrive at the determination. The
2defendant retains the right to challenge the validity of a
3risk assessment tool used by the court and to present evidence
4relevant to the defendant's challenge.
5    (c) (b) The court shall impose any conditions that are
6mandatory under subsection (a) of Section 110-10. The court
7may impose any conditions that are permissible under
8subsection (b) of Section 110-10. The conditions of release
9imposed shall be the least restrictive conditions or
10combination of conditions necessary to reasonably ensure the
11appearance of the defendant as required or the safety of any
12other person or persons or the community.
13    (b-5) When a person is charged with a violation of an order
14of protection under Section 12-3.4 or 12-30 of the Criminal
15Code of 1961 or the Criminal Code of 2012 or when a person is
16charged with domestic battery, aggravated domestic battery,
17kidnapping, aggravated kidnaping, unlawful restraint,
18aggravated unlawful restraint, stalking, aggravated stalking,
19cyberstalking, harassment by telephone, harassment through
20electronic communications, or an attempt to commit first
21degree murder committed against an intimate partner regardless
22whether an order of protection has been issued against the
23person,
24        (1) whether the alleged incident involved harassment
25    or abuse, as defined in the Illinois Domestic Violence Act
26    of 1986;

 

 

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1        (2) whether the person has a history of domestic
2    violence, as defined in the Illinois Domestic Violence
3    Act, or a history of other criminal acts;
4        (3) based on the mental health of the person;
5        (4) whether the person has a history of violating the
6    orders of any court or governmental entity;
7        (5) whether the person has been, or is, potentially a
8    threat to any other person;
9        (6) whether the person has access to deadly weapons or
10    a history of using deadly weapons;
11        (7) whether the person has a history of abusing
12    alcohol or any controlled substance;
13        (8) based on the severity of the alleged incident that
14    is the basis of the alleged offense, including, but not
15    limited to, the duration of the current incident, and
16    whether the alleged incident involved the use of a weapon,
17    physical injury, sexual assault, strangulation, abuse
18    during the alleged victim's pregnancy, abuse of pets, or
19    forcible entry to gain access to the alleged victim;
20        (9) whether a separation of the person from the victim
21    of abuse or a termination of the relationship between the
22    person and the victim of abuse has recently occurred or is
23    pending;
24        (10) whether the person has exhibited obsessive or
25    controlling behaviors toward the victim of abuse,
26    including, but not limited to, stalking, surveillance, or

 

 

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1    isolation of the victim of abuse or victim's family member
2    or members;
3        (11) whether the person has expressed suicidal or
4    homicidal ideations;
5        (11.5) any other factors deemed by the court to have a
6    reasonable bearing upon the defendant's propensity or
7    reputation for violent, abusive or assaultive behavior, or
8    lack of that behavior.
9    (c) In cases of stalking or aggravated stalking under
10Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
11court may consider the following additional factors:
12        (1) Any evidence of the defendant's prior criminal
13    history indicative of violent, abusive or assaultive
14    behavior, or lack of that behavior. The evidence may
15    include testimony or documents received in juvenile
16    proceedings, criminal, quasi-criminal, civil commitment,
17    domestic relations or other proceedings;
18        (2) Any evidence of the defendant's psychological,
19    psychiatric or other similar social history that tends to
20    indicate a violent, abusive, or assaultive nature, or lack
21    of any such history;
22        (3) The nature of the threat which is the basis of the
23    charge against the defendant;
24        (4) Any statements made by, or attributed to the
25    defendant, together with the circumstances surrounding
26    them;

 

 

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1        (5) The age and physical condition of any person
2    allegedly assaulted by the defendant;
3        (6) Whether the defendant is known to possess or have
4    access to any weapon or weapons;
5        (7) Any other factors deemed by the court to have a
6    reasonable bearing upon the defendant's propensity or
7    reputation for violent, abusive or assaultive behavior, or
8    lack of that behavior.
9    (d) When a person is charged with a violation of a
10protective order, the court may order the defendant placed
11under electronic surveillance as a condition of pretrial
12release, as provided in Section 5-8A-7 of the Unified Code of
13Corrections, based on the information collected under
14paragraph (6) of subsection (a) of this Section, the results
15of any assessment conducted, or other circumstances of the
16violation The Court may use a regularly validated risk
17assessment tool to aid its determination of appropriate
18conditions of release as provided for in Section 110-6.4. Risk
19assessment tools may not be used as the sole basis to deny
20pretrial release. If a risk assessment tool is used, the
21defendant's counsel shall be provided with the information and
22scoring system of the risk assessment tool used to arrive at
23the determination. The defendant retains the right to
24challenge the validity of a risk assessment tool used by the
25court and to present evidence relevant to the defendant's
26challenge.

 

 

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1    (e) If a person remains in pretrial detention 48 hours
2after his or her pretrial conditions hearing after having been
3ordered released with pretrial conditions, the court shall
4hold a hearing to determine the reason for continued
5detention. If the reason for continued detention is due to the
6unavailability or the defendant's ineligibility for one or
7more pretrial conditions previously ordered by the court or
8directed by a pretrial services agency, the court shall reopen
9the conditions of release hearing to determine what available
10pretrial conditions exist that will reasonably ensure assure
11the appearance of a defendant as required, or the safety of any
12other person, and the likelihood of compliance by the
13defendant with all the conditions of pretrial release. The
14inability of the defendant to pay for a condition of release or
15any other ineligibility for a condition of pretrial release
16shall not be used as a justification for the pretrial
17detention of that defendant.
18    (f) Prior to the defendant's first appearance, and with
19sufficient time for meaningful attorney-client contact to
20gather information in order to advocate effectively for the
21defendant's pretrial release, the court Court shall appoint
22the public defender or a licensed attorney at law of this State
23to represent the defendant for purposes of that hearing,
24unless the defendant has obtained licensed counsel for
25themselves. Defense counsel shall have access to the same
26documentary information relied upon by the prosecution and

 

 

HB1095 Enrolled- 191 -LRB102 03109 RLC 13122 b

1presented to the court.
2    (f-5) At each subsequent appearance of the defendant
3before the court, the judge must find that the current
4conditions imposed are necessary to reasonably ensure the
5appearance of the defendant as required, the safety of any
6other person, and the compliance of the defendant with all the
7conditions of pretrial release. The court is not required to
8be presented with new information or a change in circumstance
9to remove pretrial conditions.
10    (g) Electronic monitoring, GPS monitoring, or home
11confinement can only be imposed as a condition of pretrial
12release if a no less restrictive condition of release or
13combination of less restrictive condition of release would
14reasonably ensure the appearance of the defendant for later
15hearings or protect an identifiable person or persons from
16imminent threat of serious physical harm.
17    (h) If the court imposes electronic monitoring, GPS
18monitoring, or home confinement, the court shall set forth in
19the record the basis for its finding. A defendant shall be
20given custodial credit for each day he or she was subjected to
21home confinement that program, at the same rate described in
22subsection (b) of Section 5-4.5-100 of the Unified Code of
23Corrections. The court may give custodial credit to a
24defendant for each day the defendant was subjected to GPS
25monitoring without home confinement or electronic monitoring
26without home confinement.

 

 

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1    (i) If electronic monitoring, GPS monitoring, or home
2confinement is imposed, the court shall determine every 60
3days if no less restrictive condition of release or
4combination of less restrictive conditions of release would
5reasonably ensure the appearance, or continued appearance, of
6the defendant for later hearings or protect an identifiable
7person or persons from imminent threat of serious physical
8harm. If the court finds that there are less restrictive
9conditions of release, the court shall order that the
10condition be removed. This subsection takes effect January 1,
112022.
12    (j) Crime Victims shall be given notice by the State's
13Attorney's office of this hearing as required in paragraph (1)
14of subsection (b) of Section 4.5 of the Rights of Crime Victims
15and Witnesses Act and shall be informed of their opportunity
16at this hearing to obtain a protective order an order of
17protection under Article 112A of this Code.
18    (k) The State and defendants may appeal court orders
19imposing conditions of pretrial release.
20(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
21102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
22    (725 ILCS 5/110-5.2)
23    (Text of Section before amendment by P.A. 101-652)
24    Sec. 110-5.2. Bail; pregnant pre-trial detainee.
25    (a) It is the policy of this State that a pre-trial

 

 

HB1095 Enrolled- 193 -LRB102 03109 RLC 13122 b

1detainee shall not be required to deliver a child while in
2custody absent a finding by the court that continued pre-trial
3custody is necessary to protect the public or the victim of the
4offense on which the charge is based.
5    (b) If the court reasonably believes that a pre-trial
6detainee will give birth while in custody, the court shall
7order an alternative to custody unless, after a hearing, the
8court determines:
9        (1) that the release of the pregnant pre-trial
10    detainee would pose a real and present threat to the
11    physical safety of the alleged victim of the offense and
12    continuing custody is necessary to prevent the fulfillment
13    of the threat upon which the charge is based; or
14        (2) that the release of the pregnant pre-trial
15    detainee would pose a real and present threat to the
16    physical safety of any person or persons or the general
17    public.
18    (c) The court may order a pregnant or post-partum detainee
19to be subject to electronic monitoring as a condition of
20pre-trial release or order other condition or combination of
21conditions the court reasonably determines are in the best
22interest of the detainee and the public.
23    (d) This Section shall be applicable to a pregnant
24pre-trial detainee in custody on or after the effective date
25of this amendatory Act of the 100th General Assembly.
26(Source: P.A. 100-630, eff. 1-1-19.)
 

 

 

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1    (Text of Section after amendment by P.A. 101-652)
2    Sec. 110-5.2. Pretrial release; pregnant pre-trial
3detainee.
4    (a) It is the policy of this State that a pre-trial
5detainee shall not be required to deliver a child while in
6custody absent a finding by the court that continued pre-trial
7custody is necessary to alleviate a real and present threat to
8the safety of any person or persons or the community, based on
9the specific articulable facts of the case, or prevent the
10defendant's willful flight protect the public or the victim of
11the offense 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) the pregnant pretrial detainee is charged with an
17    offense for which pretrial release may be denied under
18    Section 110-6.1; and that the release of the pregnant
19    pre-trial detainee would pose a real and present threat to
20    the physical safety of the alleged victim of the offense
21    and continuing custody is necessary to prevent the
22    fulfillment of the threat upon which the charge is based;
23    or
24        (2) after a hearing under Section 110-6.1 that
25    considers the circumstances of the pregnancy, the court

 

 

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1    determines that continued detention is the only way to
2    prevent a real and present threat to the safety of any
3    person or persons or the community, based on the specific
4    articulable facts of the case, or prevent the defendant's
5    willful flight that the release of the pregnant pre-trial
6    detainee would pose a real and present threat to the
7    physical safety of any person or persons or the general
8    public.
9    (c) Electronic Monitoring may be ordered by the court only
10if no less restrictive condition of release or combination of
11less restrictive conditions of release would reasonably ensure
12the appearance, or continued appearance, of the defendant for
13later hearings or protect an identifiable person or persons
14from imminent threat of serious physical harm. All pregnant
15people or those who have given birth within 6 weeks shall be
16granted ample movement to attend doctor's appointments and for
17emergencies related to the health of the pregnancy, infant, or
18postpartum person. The court may order a pregnant or
19post-partum detainee to be subject to electronic monitoring as
20a condition of pre-trial release or order other condition or
21combination of conditions the court reasonably determines are
22in the best interest of the detainee and the public.
23    (d) This Section shall be applicable to a pregnant
24pre-trial detainee in custody on or after the effective date
25of this amendatory Act of the 100th General Assembly.
26(Source: P.A. 100-630, eff. 1-1-19; 101-652, eff. 1-1-23.)
 

 

 

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1    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
2    (Text of Section before amendment by P.A. 101-652)
3    Sec. 110-6. Modification of bail or conditions.
4    (a) Upon verified application by the State or the
5defendant or on its own motion the court before which the
6proceeding is pending may increase or reduce the amount of
7bail or may alter the conditions of the bail bond or grant bail
8where it has been previously revoked or denied. If bail has
9been previously revoked pursuant to subsection (f) of this
10Section or if bail has been denied to the defendant pursuant to
11subsection (e) of Section 110-6.1 or subsection (e) of Section
12110-6.3, the defendant shall be required to present a verified
13application setting forth in detail any new facts not known or
14obtainable at the time of the previous revocation or denial of
15bail proceedings. If the court grants bail where it has been
16previously revoked or denied, the court shall state on the
17record of the proceedings the findings of facts and conclusion
18of law upon which such order is based.
19    (a-5) In addition to any other available motion or
20procedure under this Code, a person in custody solely for a
21Category B offense due to an inability to post monetary bail
22shall be brought before the court at the next available court
23date or 7 calendar days from the date bail was set, whichever
24is earlier, for a rehearing on the amount or conditions of bail
25or release pending further court proceedings. The court may

 

 

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1reconsider conditions of release for any other person whose
2inability to post monetary bail is the sole reason for
3continued incarceration, including a person in custody for a
4Category A offense or a Category A offense and a Category B
5offense. The court may deny the rehearing permitted under this
6subsection (a-5) if the person has failed to appear as
7required before the court and is incarcerated based on a
8warrant for failure to appear on the same original criminal
9offense.
10    (b) Violation of the conditions of Section 110-10 of this
11Code or any special conditions of bail as ordered by the court
12shall constitute grounds for the court to increase the amount
13of bail, or otherwise alter the conditions of bail, or, where
14the alleged offense committed on bail is a forcible felony in
15Illinois or a Class 2 or greater offense under the Illinois
16Controlled Substances Act, the Cannabis Control Act, or the
17Methamphetamine Control and Community Protection Act, revoke
18bail pursuant to the appropriate provisions of subsection (e)
19of this Section.
20    (c) Reasonable notice of such application by the defendant
21shall be given to the State.
22    (d) Reasonable notice of such application by the State
23shall be given to the defendant, except as provided in
24subsection (e).
25    (e) Upon verified application by the State stating facts
26or circumstances constituting a violation or a threatened

 

 

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1violation of any of the conditions of the bail bond the court
2may issue a warrant commanding any peace officer to bring the
3defendant without unnecessary delay before the court for a
4hearing on the matters set forth in the application. If the
5actual court before which the proceeding is pending is absent
6or otherwise unavailable another court may issue a warrant
7pursuant to this Section. When the defendant is charged with a
8felony offense and while free on bail is charged with a
9subsequent felony offense and is the subject of a proceeding
10set forth in Section 109-1 or 109-3 of this Code, upon the
11filing of a verified petition by the State alleging a
12violation of Section 110-10 (a) (4) of this Code, the court
13shall without prior notice to the defendant, grant leave to
14file such application and shall order the transfer of the
15defendant and the application without unnecessary delay to the
16court before which the previous felony matter is pending for a
17hearing as provided in subsection (b) or this subsection of
18this Section. The defendant shall be held without bond pending
19transfer to and a hearing before such court. At the conclusion
20of the hearing based on a violation of the conditions of
21Section 110-10 of this Code or any special conditions of bail
22as ordered by the court the court may enter an order increasing
23the amount of bail or alter the conditions of bail as deemed
24appropriate.
25    (f) Where the alleged violation consists of the violation
26of one or more felony statutes of any jurisdiction which would

 

 

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1be a forcible felony in Illinois or a Class 2 or greater
2offense under the Illinois Controlled Substances Act, the
3Cannabis Control Act, or the Methamphetamine Control and
4Community Protection Act and the defendant is on bail for the
5alleged commission of a felony, or where the defendant is on
6bail for a felony domestic battery (enhanced pursuant to
7subsection (b) of Section 12-3.2 of the Criminal Code of 1961
8or the Criminal Code of 2012), aggravated domestic battery,
9aggravated battery, unlawful restraint, aggravated unlawful
10restraint or domestic battery in violation of item (1) of
11subsection (a) of Section 12-3.2 of the Criminal Code of 1961
12or the Criminal Code of 2012 against a family or household
13member as defined in Section 112A-3 of this Code and the
14violation is an offense of domestic battery against the same
15victim the court shall, on the motion of the State or its own
16motion, revoke bail in accordance with the following
17provisions:
18        (1) The court shall hold the defendant without bail
19    pending the hearing on the alleged breach; however, if the
20    defendant is not admitted to bail the hearing shall be
21    commenced within 10 days from the date the defendant is
22    taken into custody or the defendant may not be held any
23    longer without bail, unless delay is occasioned by the
24    defendant. Where defendant occasions the delay, the
25    running of the 10 day period is temporarily suspended and
26    resumes at the termination of the period of delay. Where

 

 

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1    defendant occasions the delay with 5 or fewer days
2    remaining in the 10 day period, the court may grant a
3    period of up to 5 additional days to the State for good
4    cause shown. The State, however, shall retain the right to
5    proceed to hearing on the alleged violation at any time,
6    upon reasonable notice to the defendant and the court.
7        (2) At a hearing on the alleged violation the State
8    has the burden of going forward and proving the violation
9    by clear and convincing evidence. The evidence shall be
10    presented in open court with the opportunity to testify,
11    to present witnesses in his behalf, and to cross-examine
12    witnesses if any are called by the State, and
13    representation by counsel and if the defendant is indigent
14    to have counsel appointed for him. The rules of evidence
15    applicable in criminal trials in this State shall not
16    govern the admissibility of evidence at such hearing.
17    Information used by the court in its findings or stated in
18    or offered in connection with hearings for increase or
19    revocation of bail may be by way of proffer based upon
20    reliable information offered by the State or defendant.
21    All evidence shall be admissible if it is relevant and
22    reliable regardless of whether it would be admissible
23    under the rules of evidence applicable at criminal trials.
24    A motion by the defendant to suppress evidence or to
25    suppress a confession shall not be entertained at such a
26    hearing. Evidence that proof may have been obtained as a

 

 

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1    result of an unlawful search and seizure or through
2    improper interrogation is not relevant to this hearing.
3        (3) Upon a finding by the court that the State has
4    established by clear and convincing evidence that the
5    defendant has committed a forcible felony or a Class 2 or
6    greater offense under the Illinois Controlled Substances
7    Act, the Cannabis Control Act, or the Methamphetamine
8    Control and Community Protection Act while admitted to
9    bail, or where the defendant is on bail for a felony
10    domestic battery (enhanced pursuant to subsection (b) of
11    Section 12-3.2 of the Criminal Code of 1961 or the
12    Criminal Code of 2012), aggravated domestic battery,
13    aggravated battery, unlawful restraint, aggravated
14    unlawful restraint or domestic battery in violation of
15    item (1) of subsection (a) of Section 12-3.2 of the
16    Criminal Code of 1961 or the Criminal Code of 2012 against
17    a family or household member as defined in Section 112A-3
18    of this Code and the violation is an offense of domestic
19    battery, against the same victim, the court shall revoke
20    the bail of the defendant and hold the defendant for trial
21    without bail. Neither the finding of the court nor any
22    transcript or other record of the hearing shall be
23    admissible in the State's case in chief, but shall be
24    admissible for impeachment, or as provided in Section
25    115-10.1 of this Code or in a perjury proceeding.
26        (4) If the bail of any defendant is revoked pursuant

 

 

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1    to paragraph (f) (3) of this Section, the defendant may
2    demand and shall be entitled to be brought to trial on the
3    offense with respect to which he was formerly released on
4    bail within 90 days after the date on which his bail was
5    revoked. If the defendant is not brought to trial within
6    the 90 day period required by the preceding sentence, he
7    shall not be held longer without bail. In computing the 90
8    day period, the court shall omit any period of delay
9    resulting from a continuance granted at the request of the
10    defendant.
11        (5) If the defendant either is arrested on a warrant
12    issued pursuant to this Code or is arrested for an
13    unrelated offense and it is subsequently discovered that
14    the defendant is a subject of another warrant or warrants
15    issued pursuant to this Code, the defendant shall be
16    transferred promptly to the court which issued such
17    warrant. If, however, the defendant appears initially
18    before a court other than the court which issued such
19    warrant, the non-issuing court shall not alter the amount
20    of bail set on such warrant unless the court sets forth on
21    the record of proceedings the conclusions of law and facts
22    which are the basis for such altering of another court's
23    bond. The non-issuing court shall not alter another courts
24    bail set on a warrant unless the interests of justice and
25    public safety are served by such action.
26    (g) The State may appeal any order where the court has

 

 

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1increased or reduced the amount of bail or altered the
2conditions of the bail bond or granted bail where it has
3previously been revoked.
4(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
 
5    (Text of Section after amendment by P.A. 101-652)
6    Sec. 110-6. Revocation of pretrial release, modification
7of conditions of pretrial release, and sanctions for
8violations of conditions of pretrial release.
9    (a) When a defendant has previously been granted pretrial
10release under this Section for a felony or Class A
11misdemeanor, that pretrial release may be revoked only if the
12defendant is charged with a felony or Class A misdemeanor that
13is alleged to have occurred during the defendant's pretrial
14release after a hearing on the court's own motion or upon the
15filing of a verified petition by the State.
16    When a defendant released pretrial is charged with a
17violation of a protective order or was previously convicted of
18a violation of a protective order and the subject of the
19protective order is the same person as the victim in the
20current underlying matter, the State shall file a verified
21petition seeking revocation of pretrial release.
22    Upon the filing of a petition or upon motion of the court
23seeking revocation, the court shall order the transfer of the
24defendant and the petition or motion to the court before which
25the previous felony or Class A misdemeanor is pending. The

 

 

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1defendant may be held in custody pending transfer to and a
2hearing before such court. The defendant shall be transferred
3to the court before which the previous matter is pending
4without unnecessary delay, and the revocation hearing shall
5occur within 72 hours of the filing of the State's petition or
6the court's motion for revocation.
7    A hearing at which pretrial release may be revoked must be
8conducted in person (and not by way of two-way audio-visual
9communication) unless the accused waives the right to be
10present physically in court, the court determines that the
11physical health and safety of any person necessary to the
12proceedings would be endangered by appearing in court, or the
13chief judge of the circuit orders use of that system due to
14operational challenges in conducting the hearing in person.
15Such operational challenges must be documented and approved by
16the chief judge of the circuit, and a plan to address the
17challenges through reasonable efforts must be presented and
18approved by the Administrative Office of the Illinois Courts
19every 6 months.
20    The court before which the previous felony matter or Class
21A misdemeanor is pending may revoke the defendant's pretrial
22release after a hearing. During the hearing for revocation,
23the defendant shall be represented by counsel and have an
24opportunity to be heard regarding the violation and evidence
25in mitigation. The court shall consider all relevant
26circumstances, including, but not limited to, the nature and

 

 

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1seriousness of the violation or criminal act alleged. The
2State shall bear the burden of proving, by clear and
3convincing evidence, that no condition or combination of
4conditions of release would reasonably ensure the appearance
5of the defendant for later hearings or prevent the defendant
6from being charged with a subsequent felony or Class A
7misdemeanor.
8When a defendant is granted pretrial release under this
9section, that pretrial release may be revoked only under the
10following conditions:
11        (1) if the defendant is charged with a detainable
12    felony as defined in 110-6.1, a defendant may be detained
13    after the State files a verified petition for such a
14    hearing, and gives the defendant notice as prescribed in
15    110-6.1; or
16        (2) in accordance with subsection (b) of this section.
17    (b) Revocation due to a new criminal charge: If an
18individual, while on pretrial release for a Felony or Class A
19misdemeanor under this Section, is charged with a new felony
20or Class A misdemeanor under the Criminal Code of 2012, the
21court may, on its own motion or motion of the state, begin
22proceedings to revoke the individual's' pretrial release.
23        (1) When the defendant is charged with a felony or
24    class A misdemeanor offense and while free on pretrial
25    release bail is charged with a subsequent felony or class
26    A misdemeanor offense that is alleged to have occurred

 

 

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1    during the defendant's pretrial release, the state may
2    file a verified petition for revocation of pretrial
3    release.
4        (2) When a defendant on pretrial release is charged
5    with a violation of an order of protection issued under
6    Section 112A-14 of this Code, or Section 214 of the
7    Illinois Domestic Violence Act of 1986 or previously was
8    convicted of a violation of an order of protection under
9    Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
10    Criminal Code of 2012, and the subject of the order of
11    protection is the same person as the victim in the
12    underlying matter, the state shall file a verified
13    petition for revocation of pretrial release.
14        (3) Upon the filing of this petition, the court shall
15    order the transfer of the defendant and the application to
16    the court before which the previous felony matter is
17    pending. The defendant shall be held without bond pending
18    transfer to and a hearing before such court. The defendant
19    shall be transferred to the court before which the
20    previous matter is pending without unnecessary delay. In
21    no event shall the time between the filing of the state's
22    petition for revocation and the defendant's appearance
23    before the court before which the previous matter is
24    pending exceed 72 hours.
25        (4) The court before which the previous felony matter
26    is pending may revoke the defendant's pretrial release

 

 

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1    only if it finds, after considering all relevant
2    circumstances including, but not limited to, the nature
3    and seriousness of the violation or criminal act alleged,
4    by the court finds clear and convincing evidence that no
5    condition or combination of conditions of release would
6    reasonably assure the appearance of the defendant for
7    later hearings or prevent the defendant from being charged
8    with a subsequent felony or class A misdemeanor.
9    (5) In lieu of revocation, the court may release the
10defendant pre-trial, with or without modification of
11conditions of pretrial release.
12    (6) If the case that caused the revocation is dismissed,
13the defendant is found not guilty in the case causing the
14revocation, or the defendant completes a lawfully imposed
15sentence on the case causing the revocation, the court shall,
16without unnecessary delay, hold a hearing on conditions of
17pretrial release pursuant to Section section 110-5 and release
18the defendant with or without modification of conditions of
19pretrial release.
20    (7) Both the State state and the defendant defense may
21appeal an order revoking pretrial release or denying a
22petition for revocation of release.
23    (b) If a defendant previously has been granted pretrial
24release under this Section for a Class B or Class C misdemeanor
25offense, a petty or business offense, or an ordinance
26violation and if the defendant is subsequently charged with a

 

 

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1felony that is alleged to have occurred during the defendant's
2pretrial release or a Class A misdemeanor offense that is
3alleged to have occurred during the defendant's pretrial
4release, such pretrial release may not be revoked, but the
5court may impose sanctions under subsection (c).
6    (c) The court shall follow the procedures set forth in
7Section 110-3 to ensure the defendant's appearance in court if
8the defendant:
9        (1) fails to appear in court as required by the
10    defendant's conditions of release;
11        (2) is charged with a felony or Class A misdemeanor
12    offense that is alleged to have occurred during the
13    defendant's pretrial release after having been previously
14    granted pretrial release for a Class B or Class C
15    misdemeanor, a petty or business offense, or an ordinance
16    violation that is alleged to have occurred during the
17    defendant's pretrial release;
18        (3) is charged with a Class B or C misdemeanor
19    offense, petty or business offense, or ordinance violation
20    that is alleged to have occurred during the defendant's
21    pretrial release; or
22        (4) violates any other condition of pretrial release
23    set by the court.
24    In response to a violation described in this subsection,
25the court may issue a warrant specifying that the defendant
26must appear before the court for a hearing for sanctions and

 

 

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1may not be released by law enforcement before that appearance.
2    Violations other than re-arrest for a felony or class A
3    misdemeanor. If a defendant:
4        (1) fails to appear in court as required by their
5    conditions of release;
6        (2) is charged with a class B or C misdemeanor, petty
7    offense, traffic offense, or ordinance violation that is
8    alleged to have occurred during the defendant's pretrial
9    release; or
10        (3) violates any other condition of release set by the
11    court,
12the court shall follow the procedures set forth in Section
13110-3 to ensure the defendant's appearance in court to address
14the violation.
15    (d) When a defendant appears in court pursuant to a
16summons or warrant issued in accordance with Section 110-3 for
17a notice to show cause hearing, or after being arrested on a
18warrant issued because of a failure to appear at a notice to
19show cause hearing, or after being arrested for an offense
20that is alleged to have occurred during the defendant's
21pretrial release other than a felony or class A misdemeanor,
22the State state may file a verified petition requesting a
23hearing for sanctions.
24    (e) During the hearing for sanctions, the defendant shall
25be represented by counsel and have an opportunity to be heard
26regarding the violation and evidence in mitigation. The State

 

 

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1shall bear the burden of proving The court shall only impose
2sanctions if it finds by clear and convincing evidence that:
3        (1) the 1. The defendant committed an act that
4    violated a term of the defendant's their pretrial release;
5        (2) the 2. The defendant had actual knowledge that the
6    defendant's their action would violate a court order;
7        (3) the 3. The violation of the court order was
8    willful; and
9        (4) the 4. The violation was not caused by a lack of
10    access to financial monetary resources.
11    (f) Sanctions: sanctions for violations of pretrial
12release may include:
13        (1) a 1. A verbal or written admonishment from the
14    court;
15        (2) imprisonment 2. Imprisonment in the county jail
16    for a period not exceeding 30 days;
17        (3) (Blank) 3. A fine of not more than $200; or
18        (4) a 4. A modification of the defendant's pretrial
19    conditions.
20    (g) Modification of Pretrial Conditions
21    (a) The court may, at any time, after motion by either
22party or on its own motion, remove previously set conditions
23of pretrial release, subject to the provisions in this
24subsection section (e). The court may only add or increase
25conditions of pretrial release at a hearing under this
26Section, in a warrant issued under Section 110-3, or upon

 

 

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1motion from the state.
2    (b) Modification of conditions of release regarding
3contact with victims or witnesses. The court shall not remove
4a previously set condition of pretrial release bond regulating
5contact with a victim or witness in the case, unless the
6subject of the condition has been given notice of the hearing
7as required in paragraph (1) of subsection (b) of Section 4.5
8of the Rights of Crime Victims and Witnesses Act. If the
9subject of the condition of release is not present, the court
10shall follow the procedures of paragraph (10) of subsection
11(c-1) (c-1) of the Rights of Crime Victims and Witnesses Act.
12    (h) Notice to Victims: Crime victims Victims shall be
13given notice by the State's Attorney's office of all hearings
14under in this Section section as required in paragraph (1) of
15subsection (b) of Section 4.5 of the Rights of Crime Victims
16and Witnesses Act and shall be informed of their opportunity
17at these hearings hearing to obtain a protective order an
18order of protection under Article 112A of this Code.
19    (i) Nothing in this Section shall be construed to limit
20the State's ability to file a verified petition seeking denial
21of pretrial release under subsection (a) of Section 110-6.1 or
22subdivision (d)(2) of Section 110-6.1.
23    (j) At each subsequent appearance of the defendant before
24the court, the judge must find that continued detention under
25this Section is necessary to reasonably ensure the appearance
26of the defendant for later hearings or to prevent the

 

 

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1defendant from being charged with a subsequent felony or Class
2A misdemeanor.
3(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;
4101-652, eff. 1-1-23; revised 2-28-22.)
 
5    (725 ILCS 5/110-6.1)  (from Ch. 38, par. 110-6.1)
6    (Text of Section before amendment by P.A. 101-652)
7    Sec. 110-6.1. Denial of bail in non-probationable felony
8offenses.
9    (a) Upon verified petition by the State, the court shall
10hold a hearing to determine whether bail should be denied to a
11defendant who is charged with a felony offense for which a
12sentence of imprisonment, without probation, periodic
13imprisonment or conditional discharge, is required by law upon
14conviction, when it is alleged that the defendant's admission
15to bail poses a real and present threat to the physical safety
16of any person or persons.
17        (1) A petition may be filed without prior notice to
18    the defendant at the first appearance before a judge, or
19    within the 21 calendar days, except as provided in Section
20    110-6, after arrest and release of the defendant upon
21    reasonable notice to defendant; provided that while such
22    petition is pending before the court, the defendant if
23    previously released shall not be detained.
24        (2) The hearing shall be held immediately upon the
25    defendant's appearance before the court, unless for good

 

 

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

 

 

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1    dangerousness shall be conducted in accordance with the
2    following provisions:
3            (A) Information used by the court in its findings
4        or stated in or offered at such hearing may be by way
5        of proffer based upon reliable information offered by
6        the State or by defendant. Defendant has the right to
7        be represented by counsel, and if he is indigent, to
8        have counsel appointed for him. Defendant shall have
9        the opportunity to testify, to present witnesses in
10        his own behalf, and to cross-examine witnesses if any
11        are called by the State. The defendant has the right to
12        present witnesses in his favor. When the ends of
13        justice so require, the court may exercises its
14        discretion and compel the appearance of a complaining
15        witness. The court shall state on the record reasons
16        for granting a defense request to compel the presence
17        of a complaining witness. Cross-examination of a
18        complaining witness at the pretrial detention hearing
19        for the purpose of impeaching the witness' credibility
20        is insufficient reason to compel the presence of the
21        witness. In deciding whether to compel the appearance
22        of a complaining witness, the court shall be
23        considerate of the emotional and physical well-being
24        of the witness. The pre-trial detention hearing is not
25        to be used for purposes of discovery, and the post
26        arraignment rules of discovery do not apply. The State

 

 

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1        shall tender to the defendant, prior to the hearing,
2        copies of defendant's criminal history, if any, if
3        available, and any written or recorded statements and
4        the substance of any oral statements made by any
5        person, if relied upon by the State in its petition.
6        The rules concerning the admissibility of evidence in
7        criminal trials do not apply to the presentation and
8        consideration of information at the hearing. At the
9        trial concerning the offense for which the hearing was
10        conducted neither the finding of the court nor any
11        transcript or other record of the hearing shall be
12        admissible in the State's case in chief, but shall be
13        admissible for impeachment, or as provided in Section
14        115-10.1 of this Code, or in a perjury proceeding.
15            (B) A motion by the defendant to suppress evidence
16        or to suppress a confession shall not be entertained.
17        Evidence that proof may have been obtained as the
18        result of an unlawful search and seizure or through
19        improper interrogation is not relevant to this state
20        of the prosecution.
21        (2) The facts relied upon by the court to support a
22    finding that the defendant poses a real and present threat
23    to the physical safety of any person or persons shall be
24    supported by clear and convincing evidence presented by
25    the State.
26    (d) Factors to be considered in making a determination of

 

 

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1dangerousness. The court may, in determining whether the
2defendant poses a real and present threat to the physical
3safety of any person or persons, consider but shall not be
4limited to evidence or testimony concerning:
5        (1) The nature and circumstances of any offense
6    charged, including whether the offense is a crime of
7    violence, involving a weapon.
8        (2) The history and characteristics of the defendant
9    including:
10            (A) Any evidence of the defendant's prior criminal
11        history indicative of violent, abusive or assaultive
12        behavior, or lack of such behavior. Such evidence may
13        include testimony or documents received in juvenile
14        proceedings, criminal, quasi-criminal, civil
15        commitment, domestic relations or other proceedings.
16            (B) Any evidence of the defendant's psychological,
17        psychiatric or other similar social history which
18        tends to indicate a violent, abusive, or assaultive
19        nature, or lack of any such history.
20        (3) The identity of any person or persons to whose
21    safety the defendant is believed to pose a threat, and the
22    nature of the threat;
23        (4) Any statements made by, or attributed to the
24    defendant, together with the circumstances surrounding
25    them;
26        (5) The age and physical condition of any person

 

 

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1    assaulted by the defendant;
2        (6) Whether the defendant is known to possess or have
3    access to any weapon or weapons;
4        (7) Whether, at the time of the current offense or any
5    other offense or arrest, the defendant was on probation,
6    parole, aftercare release, mandatory supervised release or
7    other release from custody pending trial, sentencing,
8    appeal or completion of sentence for an offense under
9    federal or state law;
10        (8) Any other factors, including those listed in
11    Section 110-5 of this Article deemed by the court to have a
12    reasonable bearing upon the defendant's propensity or
13    reputation for violent, abusive or assaultive behavior, or
14    lack of such behavior.
15    (e) Detention order. The court shall, in any order for
16detention:
17        (1) briefly summarize the evidence of the defendant's
18    culpability and its reasons for concluding that the
19    defendant should be held without bail;
20        (2) direct that the defendant be committed to the
21    custody of the sheriff for confinement in the county jail
22    pending trial;
23        (3) direct that the defendant be given a reasonable
24    opportunity for private consultation with counsel, and for
25    communication with others of his choice by visitation,
26    mail and telephone; and

 

 

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1        (4) direct that the sheriff deliver the defendant as
2    required for appearances in connection with court
3    proceedings.
4    (f) If the court enters an order for the detention of the
5defendant pursuant to subsection (e) of this Section, the
6defendant shall be brought to trial on the offense for which he
7is detained within 90 days after the date on which the order
8for detention was entered. If the defendant is not brought to
9trial within the 90 day period required by the preceding
10sentence, he shall not be held longer without bail. In
11computing the 90 day period, the court shall omit any period of
12delay resulting from a continuance granted at the request of
13the defendant.
14    (g) Rights of the defendant. Any person shall be entitled
15to appeal any order entered under this Section denying bail to
16the defendant.
17    (h) The State may appeal any order entered under this
18Section denying any motion for denial of bail.
19    (i) Nothing in this Section shall be construed as
20modifying or limiting in any way the defendant's presumption
21of innocence in further criminal proceedings.
22(Source: P.A. 98-558, eff. 1-1-14.)
 
23    (Text of Section after amendment by P.A. 101-652)
24    Sec. 110-6.1. Denial of pretrial release.
25    (a) Upon verified petition by the State, the court shall

 

 

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1hold a hearing and may deny a defendant pretrial release only
2if:
3        (1) the defendant is charged with a forcible felony
4    offense other than a forcible felony for which, based on
5    the charge or the defendant's criminal history, a sentence
6    of imprisonment, without probation, periodic imprisonment
7    or conditional discharge, is required by law upon
8    conviction, and it is alleged that the defendant's
9    pretrial release poses a real and present threat to the
10    safety of any person or persons or the community, based on
11    the specific articulable facts of the case specific, real
12    and present threat to any person or the community.;
13        (1.5) the defendant's pretrial release poses a real
14    and present threat to the safety of any person or persons
15    or the community, based on the specific articulable facts
16    of the case, and the defendant is charged with a forcible
17    felony, which as used in this Section, means treason,
18    first degree murder, second degree murder, predatory
19    criminal sexual assault of a child, aggravated criminal
20    sexual assault, criminal sexual assault, armed robbery,
21    aggravated robbery, robbery, burglary where there is use
22    of force against another person, residential burglary,
23    home invasion, vehicular invasion, aggravated arson,
24    arson, aggravated kidnaping, kidnaping, aggravated battery
25    resulting in great bodily harm or permanent disability or
26    disfigurement or any other felony which involves the

 

 

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1    threat of or infliction of great bodily harm or permanent
2    disability or disfigurement;
3        (2) the defendant is charged with stalking or
4    aggravated stalking, and it is alleged that the
5    defendant's pre-trial release poses a real and present
6    threat to the safety of a victim of the alleged offense,
7    real and present threat to the physical safety of a victim
8    of the alleged offense, and denial of release is necessary
9    to prevent fulfillment of the threat upon which the charge
10    is based;
11        (3) the defendant is charged with a violation of an
12    order of protection issued under Section 112A-14 of this
13    Code or Section 214 of the Illinois Domestic Violence Act
14    of 1986, a stalking no contact order under Section 80 of
15    the Stalking No Contact Order Act, or of a civil no contact
16    order under Section 213 of the Civil No Contact Order Act,
17    and it is alleged that the defendant's pretrial release
18    poses a real and present threat to the safety of any person
19    or persons or the community, based on the specific
20    articulable facts of the case; the victim of abuse was a
21    family or household member as defined by paragraph (6) of
22    Section 103 of the Illinois Domestic Violence Act of 1986,
23    and the person charged, at the time of the alleged
24    offense, was subject to the terms of an order of
25    protection issued under Section 112A-14 of this Code, or
26    Section 214 of the Illinois Domestic Violence Act of 1986

 

 

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1    or previously was convicted of a violation of an order of
2    protection under Section 12-3.4 or 12-30 of the Criminal
3    Code of 1961 or the Criminal Code of 2012 or a violent
4    crime if the victim was a family or household member as
5    defined by paragraph (6) of the Illinois Domestic Violence
6    Act of 1986 at the time of the offense or a violation of a
7    substantially similar municipal ordinance or law of this
8    or any other state or the United States if the victim was a
9    family or household member as defined by paragraph (6) of
10    Section 103 of the Illinois Domestic Violence Act of 1986
11    at the time of the offense, and it is alleged that the
12    defendant's pre-trial release poses a real and present
13    threat to the physical safety of any person or persons;
14        (4) the defendant is charged with domestic battery or
15    aggravated domestic battery under Section 12-3.2 or 12-3.3
16    of the Criminal Code of 2012 and it is alleged that the
17    defendant's pretrial release poses a real and present
18    threat to the safety of any person or persons or the
19    community, based on the specific articulable facts of the
20    case real and present threat to the physical safety of any
21    person or persons;
22        (5) the defendant is charged with any offense under
23    Article 11 of the Criminal Code of 2012, except for
24    Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
25    11-40, and 11-45 of the Criminal Code of 2012, or similar
26    provisions of the Criminal Code of 1961 and it is alleged

 

 

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1    that the defendant's pretrial release poses a real and
2    present threat to the safety of any person or persons or
3    the community, based on the specific articulable facts of
4    the case real and present threat to the physical safety of
5    any person or persons;
6        (6) the defendant is charged with any of the following
7    offenses these violations under the Criminal Code of 2012,
8    and it is alleged that the defendant's pretrial release
9    releases poses a real and present threat to the safety of
10    any person or persons or the community, based on the
11    specific articulable facts of the case: real and present
12    threat to the physical safety of any specifically
13    identifiable person or persons.
14            (A) Section 24-1.2 (aggravated discharge of a
15        firearm);
16            (B) Section 24-2.5 (aggravated discharge of a
17        machine gun or a firearm equipped with a device
18        designed or use for silencing the report of a
19        firearm);
20            (C) Section 24-1.5 (reckless discharge of a
21        firearm);
22            (D) Section 24-1.7 (armed habitual criminal);
23            (E) Section 24-2.2 2 (manufacture, sale or
24        transfer of bullets or shells represented to be armor
25        piercing bullets, dragon's breath shotgun shells, bolo
26        shells, or flechette shells);

 

 

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1            (F) Section 24-3 (unlawful sale or delivery of
2        firearms);
3            (G) Section 24-3.3 (unlawful sale or delivery of
4        firearms on the premises of any school);
5            (H) Section 24-34 (unlawful sale of firearms by
6        liquor license);
7            (I) Section 24-3.5 ( {unlawful purchase of a
8        firearm);
9            (J) Section 24-3A (gunrunning); or
10            (K) Section on 24-3B (firearms trafficking);
11            (L) Section 10-9 (b) (involuntary servitude);
12            (M) Section 10-9 (c) (involuntary sexual servitude
13        of a minor);
14            (N) Section 10-9(d) (trafficking in persons);
15            (O) Non-probationable violations: (i) (unlawful
16        use or possession of weapons by felons or persons in
17        the Custody of the Department of Corrections
18        facilities (Section 24-1.1), (ii) aggravated unlawful
19        use of a weapon (Section 24-1.6), or (iii) aggravated
20        possession of a stolen firearm (Section 24-3.9);
21            (P) Section 9-3 (reckless homicide and involuntary
22        manslaughter);
23            (Q) Section 19-3 (residential burglary);
24            (R) Section 10-5 (child abduction);
25            (S) Felony violations of Section 12C-5 (child
26        endangerment);

 

 

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1            (T) Section 12-7.1 (hate crime);
2            (U) Section 10-3.1 (aggravated unlawful
3        restraint);
4            (V) Section 12-9 (threatening a public official);
5            (W) Subdivision (f)(1) of Section 12-3.05
6        (aggravated battery with a deadly weapon other than by
7        discharge of a firearm);
8        (6.5) the defendant is charged with any of the
9    following offenses, and it is alleged that the defendant's
10    pretrial release poses a real and present threat to the
11    safety of any person or persons or the community, based on
12    the specific articulable facts of the case:
13            (A) Felony violations of Sections 3.01, 3.02, or
14        3.03 of the Humane Care for Animals Act (cruel
15        treatment, aggravated cruelty, and animal torture);
16            (B) Subdivision (d)(1)(B) of Section 11-501 of the
17        Illinois Vehicle Code (aggravated driving under the
18        influence while operating a school bus with
19        passengers);
20            (C) Subdivision (d)(1)(C) of Section 11-501 of the
21        Illinois Vehicle Code (aggravated driving under the
22        influence causing great bodily harm);
23            (D) Subdivision (d)(1)(D) of Section 11-501 of the
24        Illinois Vehicle Code (aggravated driving under the
25        influence after a previous reckless homicide
26        conviction);

 

 

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1            (E) Subdivision (d)(1)(F) of Section 11-501 of the
2        Illinois Vehicle Code (aggravated driving under the
3        influence leading to death); or
4            (F) Subdivision (d)(1)(J) of Section 11-501 of the
5        Illinois Vehicle Code (aggravated driving under the
6        influence that resulted in bodily harm to a child
7        under the age of 16);
8        (7) the defendant is charged with an attempt to commit
9    any charge listed in paragraphs (1) through (6.5), and it
10    is alleged that the defendant's pretrial release poses a
11    real and present threat to the safety of any person or
12    persons or the community, based on the specific
13    articulable facts of the case; or
14        (8) (7) the person has a high likelihood of willful
15    flight to avoid prosecution and is charged with:
16            (A) Any felony described in subdivisions Sections
17        (a)(1) through (a)(7) (5) of this Section; or
18            (B) A felony offense other than a Class 4 offense.
19    (b) If the charged offense is a felony, as part of the
20detention hearing, the court shall the Court shall hold a
21hearing pursuant to 109-3 of this Code to determine whether
22there is probable cause the defendant has committed an
23offense, unless a hearing pursuant to Section 109-3 of this
24Code has already been held or a grand jury has returned a true
25bill of indictment against the defendant. If there is a
26finding of no probable cause, the defendant shall be released.

 

 

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1No such finding is necessary if the defendant is charged with a
2misdemeanor.
3    (c) Timing of petition.
4        (1) A petition may be filed without prior notice to
5    the defendant at the first appearance before a judge, or
6    within the 21 calendar days, except as provided in Section
7    110-6, after arrest and release of the defendant upon
8    reasonable notice to defendant; provided that while such
9    petition is pending before the court, the defendant if
10    previously released shall not be detained.
11        (2) (2) Upon filing, the court shall immediately hold
12    a hearing on the petition unless a continuance is
13    requested. If a continuance is requested and granted, the
14    hearing shall be held within 48 hours of the defendant's
15    first appearance if the defendant is charged with first
16    degree murder or a Class X, Class 1, Class 2, or Class 3
17    felony, and within 24 hours if the defendant is charged
18    with a Class 4 or misdemeanor offense. The Court may deny
19    and or grant the request for continuance. If the court
20    decides to grant the continuance, the Court retains the
21    discretion to detain or release the defendant in the time
22    between the filing of the petition and the hearing.
23    (d) Contents of petition.
24        (1) The petition shall be verified by the State and
25    shall state the grounds upon which it contends the
26    defendant should be denied pretrial release, including the

 

 

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1    real and present threat to the safety of any person or
2    persons or the community, based on the specific
3    articulable facts or flight risk, as appropriate identity
4    of the specific person or persons the State believes the
5    defendant poses a danger to.
6        (2) If the State seeks to file a second or subsequent
7    petition under this Section, the State shall be required
8    to present a verified application setting forth in detail
9    any new facts not known or obtainable at the time of the
10    filing of the previous petition Only one petition may be
11    filed under this Section.
12    (e) Eligibility: All defendants shall be presumed eligible
13for pretrial release, and the State shall bear the burden of
14proving by clear and convincing evidence that:
15        (1) the proof is evident or the presumption great that
16    the defendant has committed an offense listed in
17    paragraphs (1) through (6) of subsection (a), and
18        (2) for offenses listed in paragraphs (1) through (7)
19    of subsection (a), the defendant poses a real and present
20    threat to the safety of any person or persons or the
21    community, based on the specific articulable facts of the
22    case, real and present threat to the safety of a specific,
23    identifiable person or persons, by conduct which may
24    include, but is not limited to, a forcible felony, the
25    obstruction of justice, intimidation, injury, or abuse as
26    defined by paragraph (1) of Section 103 of the Illinois

 

 

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1    Domestic Violence Act of 1986, and
2        (3) no condition or combination of conditions set
3    forth in subsection (b) of Section 110-10 of this Article
4    can mitigate (i) the real and present threat to the safety
5    of any person or persons or the community, based on the
6    specific articulable facts of the case, for offenses
7    listed in paragraphs (1) through (7) of subsection (a),
8    real and present threat to the safety of any person or
9    persons or (ii) the defendant's willful flight for
10    offenses listed in paragraph (8) of subsection (a), and
11        (4) for offenses under subsection (b) of Section 407
12    of the Illinois Controlled Substances Act that are subject
13    to paragraph (1) of subsection (a), no condition or
14    combination of conditions set forth in subsection (b) of
15    Section 110-10 of this Article can mitigate the real and
16    present threat to the safety of any person or persons or
17    the community, based on the specific articulable facts of
18    the case, and the defendant poses a serious risk to not
19    appear in court as required.
20    (f) Conduct of the hearings.
21        (1) Prior to the hearing, the State shall tender to
22    the defendant copies of the defendant's criminal history
23    available, any written or recorded statements, and the
24    substance of any oral statements made by any person, if
25    relied upon by the State in its petition, and any police
26    reports in the prosecutor's State's Attorney's possession

 

 

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1    at the time of the hearing that are required to be
2    disclosed to the defense under Illinois Supreme Court
3    rules.
4        (2) The State or defendant may present evidence at the
5    hearing by way of proffer based upon reliable information.
6        (3) The defendant has the right to be represented by
7    counsel, and if he or she is indigent, to have counsel
8    appointed for him or her. The defendant shall have the
9    opportunity to testify, to present witnesses on his or her
10    own behalf, and to cross-examine any witnesses that are
11    called by the State. Defense counsel shall be given
12    adequate opportunity to confer with the defendant before
13    any hearing at which conditions of release or the
14    detention of the defendant are to be considered, with an
15    accommodation for a physical condition made to facilitate
16    attorney/client consultation. If defense counsel needs to
17    confer or consult with the defendant during any hearing
18    conducted via a two-way audio-visual communication system,
19    such consultation shall not be recorded and shall be
20    undertaken consistent with constitutional protections.
21        (3.5) A hearing at which pretrial release may be
22    denied must be conducted in person (and not by way of
23    two-way audio visual communication) unless the accused
24    waives the right to be present physically in court, the
25    court determines that the physical health and safety of
26    any person necessary to the proceedings would be

 

 

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1    endangered by appearing in court, or the chief judge of
2    the circuit orders use of that system due to operational
3    challenges in conducting the hearing in person. Such
4    operational challenges must be documented and approved by
5    the chief judge of the circuit, and a plan to address the
6    challenges through reasonable efforts must be presented
7    and approved by the Administrative Office of the Illinois
8    Courts every 6 months.
9        (4) If the defense seeks to compel call the
10    complaining witness to testify as a witness in its favor,
11    it shall petition the court for permission. When the ends
12    of 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 for
15    granting a defense request to compel the presence of a
16    complaining witness only on the issue of the defendant's
17    pretrial detention. In making a determination under this
18    Section section, the court shall state on the record the
19    reason for granting a defense request to compel the
20    presence of a complaining witness, and only grant the
21    request if the court finds by clear and convincing
22    evidence that the defendant will be materially prejudiced
23    if the complaining witness does not appear.
24    Cross-examination of a complaining witness at the pretrial
25    detention hearing for the purpose of impeaching the
26    witness' credibility is insufficient reason to compel the

 

 

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1    presence of the witness. In deciding whether to compel the
2    appearance of a complaining witness, the court shall be
3    considerate of the emotional and physical well-being of
4    the witness. The pre-trial detention hearing is not to be
5    used for purposes of discovery, and the post arraignment
6    rules of discovery do not apply. The State shall tender to
7    the defendant, prior to the hearing, copies, if any, of
8    the defendant's criminal history, if available, and any
9    written or recorded statements and the substance of any
10    oral statements made by any person, if in the State's
11    Attorney's possession at the time of the hearing.
12        (5) The rules concerning the admissibility of evidence
13    in criminal trials do not apply to the presentation and
14    consideration of information at the hearing. At the trial
15    concerning the offense for which the hearing was conducted
16    neither the finding of the court nor any transcript or
17    other record of the hearing shall be admissible in the
18    State's case-in-chief case in chief, but shall be
19    admissible for impeachment, or as provided in Section
20    115-10.1 of this Code, or in a perjury proceeding.
21        (6) The defendant may not move to suppress evidence or
22    a confession, however, evidence that proof of the charged
23    crime may have been the result of an unlawful search or
24    seizure, or both, or through improper interrogation, is
25    relevant in assessing the weight of the evidence against
26    the defendant.

 

 

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1        (7) Decisions regarding release, conditions of
2    release, and detention prior to trial must should be
3    individualized, and no single factor or standard may
4    should be used exclusively to order make a condition or
5    detention decision. Risk assessment tools may not be used
6    as the sole basis to deny pretrial release.
7    (g) Factors to be considered in making a determination of
8dangerousness. The court may, in determining whether the
9defendant poses a real and present threat to the safety of any
10person or persons or the community, based on the specific
11articulable facts of the case, specific, imminent threat of
12serious physical harm to an identifiable person or persons,
13consider, but shall not be limited to, evidence or testimony
14concerning:
15        (1) The nature and circumstances of any offense
16    charged, including whether the offense is a crime of
17    violence, involving a weapon, or a sex offense.
18        (2) The history and characteristics of the defendant
19    including:
20            (A) Any evidence of the defendant's prior criminal
21        history indicative of violent, abusive or assaultive
22        behavior, or lack of such behavior. Such evidence may
23        include testimony or documents received in juvenile
24        proceedings, criminal, quasi-criminal, civil
25        commitment, domestic relations, or other proceedings.
26            (B) Any evidence of the defendant's psychological,

 

 

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1        psychiatric or other similar social history which
2        tends to indicate a violent, abusive, or assaultive
3        nature, or lack of any such history.
4        (3) The identity of any person or persons to whose
5    safety the defendant is believed to pose a threat, and the
6    nature of the threat. ;
7        (4) Any statements made by, or attributed to the
8    defendant, together with the circumstances surrounding
9    them. ;
10        (5) The age and physical condition of the defendant. ;
11        (6) The age and physical condition of any victim or
12    complaining witness. ;
13        (7) Whether the defendant is known to possess or have
14    access to any weapon or weapons. ;
15        (8) Whether, at the time of the current offense or any
16    other offense or arrest, the defendant was on probation,
17    parole, aftercare release, mandatory supervised release or
18    other release from custody pending trial, sentencing,
19    appeal or completion of sentence for an offense under
20    federal or state law. ;
21        (9) Any other factors, including those listed in
22    Section 110-5 of this Article deemed by the court to have a
23    reasonable bearing upon the defendant's propensity or
24    reputation for violent, abusive, or assaultive behavior,
25    or lack of such behavior.
26    (h) Detention order. The court shall, in any order for

 

 

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1detention:
2        (1) make a written finding summarizing briefly
3    summarize the evidence of the defendant's guilt or
4    innocence, and the court's reasons for concluding that the
5    defendant should be denied pretrial release, including why
6    less restrictive conditions would not avoid a real and
7    present threat to the safety of any person or persons or
8    the community, based on the specific articulable facts of
9    the case, or prevent the defendant's willful flight from
10    prosecution;
11        (2) direct that the defendant be committed to the
12    custody of the sheriff for confinement in the county jail
13    pending trial;
14        (3) direct that the defendant be given a reasonable
15    opportunity for private consultation with counsel, and for
16    communication with others of his or her choice by
17    visitation, mail and telephone; and
18        (4) direct that the sheriff deliver the defendant as
19    required for appearances in connection with court
20    proceedings.
21    (i) Detention. If the court enters an order for the
22detention of the defendant pursuant to subsection (e) of this
23Section, the defendant shall be brought to trial on the
24offense for which he is detained within 90 days after the date
25on which the order for detention was entered. If the defendant
26is not brought to trial within the 90-day 90 day period

 

 

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1required by the preceding sentence, he shall not be denied
2pretrial release. In computing the 90-day 90 day period, the
3court shall omit any period of delay resulting from a
4continuance granted at the request of the defendant and any
5period of delay resulting from a continuance granted at the
6request of the State with good cause shown pursuant to Section
7103-5.
8    (i-5) At each subsequent appearance of the defendant
9before the court, the judge must find that continued detention
10is necessary to avoid a real and present threat to the safety
11of any person or persons or the community, based on the
12specific articulable facts of the case, or to prevent the
13defendant's willful flight from prosecution.
14    (j) Rights of the defendant. The defendant Any person
15shall be entitled to appeal any order entered under this
16Section denying his or her pretrial release to the defendant.
17    (k) Appeal. The State may appeal any order entered under
18this Section denying any motion for denial of pretrial
19release.
20    (l) Presumption of innocence. Nothing in this Section
21shall be construed as modifying or limiting in any way the
22defendant's presumption of innocence in further criminal
23proceedings.
24    (m) Interest of victims Victim notice.
25    (1) Crime victims shall be given notice by the State's
26Attorney's office of this hearing as required in paragraph (1)

 

 

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1of subsection (b) of Section 4.5 of the Rights of Crime Victims
2and Witnesses Act and shall be informed of their opportunity
3at this hearing to obtain a protective order an order of
4protection under Article 112A of this Code.
5    (2) If the defendant is denied pretrial release, the court
6may impose a no contact provision with the victim or other
7interested party that shall be enforced while the defendant
8remains in custody.
9(Source: P.A. 101-652, eff. 1-1-23; revised 2-28-22.)
 
10    (725 ILCS 5/110-6.6 new)
11    Sec. 110-6.6. Appeals.
12    (a) Appeals under this Article shall be governed by
13Supreme Court Rules.
14    (b) If a hearing under this Article is conducted by means
15of two-way audio-visual communication or other electronic
16recording system, the audio-visual recording shall be entered
17into the record as the transcript for purposes of the appeals
18described in subsection (a). Nothing in this Section prohibits
19a transcription by a court reporter from also being entered
20into the record.
 
21    (725 ILCS 5/110-7.5 new)
22    Sec. 110-7.5. Previously deposited bail security.
23    (a) On or after January 1, 2023, any person having been
24previously released pretrial on the condition of the deposit

 

 

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1of security shall be allowed to remain on pretrial release
2under the terms of their original bail bond. This Section
3shall not limit the State's Attorney's ability to file a
4verified petition for detention under Section 110-6.1 or a
5petition for revocation or sanctions under Section 110-6.
6    (b) On or after January 1, 2023, any person who remains in
7pretrial detention after having been ordered released with
8pretrial conditions, including the condition of depositing
9security, shall be entitled to a hearing under subsection (e)
10of Section 110-5.
11    On or after January 1, 2023, any person, not subject to
12subsection (b), who remains in pretrial detention and is
13eligible for detention under Section 110-6.1 shall be entitled
14to a hearing according to the following schedule:
15        (1) For persons charged with offenses under paragraphs
16    (1) through (7) of subsection (a) of Section 110-6.1, the
17    hearing shall be held within 90 days of the person's
18    motion for reconsideration of pretrial release conditions.
19        (2) For persons charged with offenses under paragraph
20    (8) of subsection (a) of Section 110-6.1, the hearing
21    shall be held within 60 days of the person's motion for
22    reconsideration of pretrial release conditions.
23        (3) For persons charged with all other offenses not
24    listed in subsection (a) of Section 110-6.1, the hearing
25    shall be held within 7 days of the person's motion for
26    reconsideration of pretrial release conditions.

 

 

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1    (c) Processing of previously deposited bail security. The
2provisions of this Section shall apply to all monetary bonds,
3regardless of whether they were previously posted in cash or
4in the form of stocks, bonds, or real estate.
5        (1) Once security has been deposited and a charge is
6    pending or is thereafter filed in or transferred to a
7    court of competent jurisdiction, the latter court may
8    continue the original security in that court or modify the
9    conditions of pretrial release subject to the provisions
10    of Section 110-6.
11        (2) After conviction, the court may order that a
12    previously deposited security stand pending appeal,
13    reconsider conditions of release, or deny release subject
14    to the provisions of Section 110-6.2.
15        (3) After the entry of an order by the trial court
16    granting or denying pretrial release pending appeal,
17    either party may apply to the reviewing court having
18    jurisdiction or to a justice thereof sitting in vacation
19    for an order modifying the conditions of pretrial release
20    or denying pretrial release subject to the provisions of
21    Section 110-6.2.
22        (4) When the conditions of the previously posted bail
23    bond have been performed and the accused has been
24    discharged from all obligations in the cause, the clerk of
25    the court shall return to the accused or to the
26    defendant's designee by an assignment executed at the time

 

 

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1    the bail amount is deposited, unless the court orders
2    otherwise, 90% of the sum which had been deposited and
3    shall retain as bail bond costs 10% of the amount
4    deposited. However, in no event shall the amount retained
5    by the clerk as bail bond costs be less than $5.
6        Notwithstanding the foregoing, in counties with a
7    population of 3,000,000 or more, in no event shall the
8    amount retained by the clerk as bail bond costs exceed
9    $100. Bail bond deposited by or on behalf of a defendant in
10    one case may be used, in the court's discretion, to
11    satisfy financial obligations of that same defendant
12    incurred in a different case due to a fine, court costs,
13    restitution or fees of the defendant's attorney of record.
14    In counties with a population of 3,000,000 or more, the
15    court shall not order bail bond deposited by or on behalf
16    of a defendant in one case to be used to satisfy financial
17    obligations of that same defendant in a different case
18    until the bail bond is first used to satisfy court costs
19    and attorney's fees in the case in which the bail bond has
20    been deposited and any other unpaid child support
21    obligations are satisfied.
22        In counties with a population of less than 3,000,000,
23    the court shall not order bail bond deposited by or on
24    behalf of a defendant in one case to be used to satisfy
25    financial obligations of that same defendant in a
26    different case until the bail bond is first used to

 

 

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1    satisfy court costs in the case in which the bail bond has
2    been deposited.
3        At the request of the defendant, the court may order
4    such 90% of the defendant's bail deposit, or whatever
5    amount is repayable to the defendant from such deposit, to
6    be paid to defendant's attorney of record.
7        (5) If there is an alleged violation of the conditions
8    of pretrial release in a matter in which the defendant has
9    previously deposited security, the court having
10    jurisdiction shall follow the procedures for revocation of
11    pretrial release or sanctions set forth in Section 110-6.
12    The previously deposited security shall be returned to the
13    defendant following the procedures of paragraph (4) of
14    subsection (a) of this Section once the defendant has been
15    discharged from all obligations in the cause.
16        (6) If security was previously deposited for failure
17    to appear in a matter involving enforcement of child
18    support or maintenance, the amount of the cash deposit on
19    the bond, less outstanding costs, may be awarded to the
20    person or entity to whom the child support or maintenance
21    is due.
22        (7) After a judgment for a fine and court costs or
23    either is entered in the prosecution of a cause in which a
24    deposit of security was previously made, the balance of
25    such deposit shall be applied to the payment of the
26    judgment.
 

 

 

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1    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
2    (Text of Section before amendment by P.A. 101-652)
3    Sec. 110-10. Conditions of bail bond.
4    (a) If a person is released prior to conviction, either
5upon payment of bail security or on his or her own
6recognizance, the conditions of the bail bond shall be that he
7or she will:
8        (1) Appear to answer the charge in the court having
9    jurisdiction on a day certain and thereafter as ordered by
10    the court until discharged or final order of the court;
11        (2) Submit himself or herself to the orders and
12    process of the court;
13        (3) Not depart this State without leave of the court;
14        (4) Not violate any criminal statute of any
15    jurisdiction;
16        (5) At a time and place designated by the court,
17    surrender all firearms in his or her possession to a law
18    enforcement officer designated by the court to take
19    custody of and impound the firearms and physically
20    surrender his or her Firearm Owner's Identification Card
21    to the clerk of the circuit court when the offense the
22    person has been charged with is a forcible felony,
23    stalking, aggravated stalking, domestic battery, any
24    violation of the Illinois Controlled Substances Act, the
25    Methamphetamine Control and Community Protection Act, or

 

 

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1    the Cannabis Control Act that is classified as a Class 2 or
2    greater felony, or any felony violation of Article 24 of
3    the Criminal Code of 1961 or the Criminal Code of 2012; the
4    court may, however, forgo the imposition of this condition
5    when the circumstances of the case clearly do not warrant
6    it or when its imposition would be impractical; if the
7    Firearm Owner's Identification Card is confiscated, the
8    clerk of the circuit court shall mail the confiscated card
9    to the Illinois State Police; all legally possessed
10    firearms shall be returned to the person upon the charges
11    being dismissed, or if the person is found not guilty,
12    unless the finding of not guilty is by reason of insanity;
13    and
14        (6) At a time and place designated by the court,
15    submit to a psychological evaluation when the person has
16    been charged with a violation of item (4) of subsection
17    (a) of Section 24-1 of the Criminal Code of 1961 or the
18    Criminal Code of 2012 and that violation occurred in a
19    school or in any conveyance owned, leased, or contracted
20    by a school to transport students to or from school or a
21    school-related activity, or on any public way within 1,000
22    feet of real property comprising any school.
23    Psychological evaluations ordered pursuant to this Section
24shall be completed promptly and made available to the State,
25the defendant, and the court. As a further condition of bail
26under these circumstances, the court shall order the defendant

 

 

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1to refrain from entering upon the property of the school,
2including any conveyance owned, leased, or contracted by a
3school to transport students to or from school or a
4school-related activity, or on any public way within 1,000
5feet of real property comprising any school. Upon receipt of
6the psychological evaluation, either the State or the
7defendant may request a change in the conditions of bail,
8pursuant to Section 110-6 of this Code. The court may change
9the conditions of bail to include a requirement that the
10defendant follow the recommendations of the psychological
11evaluation, including undergoing psychiatric treatment. The
12conclusions of the psychological evaluation and any statements
13elicited from the defendant during its administration are not
14admissible as evidence of guilt during the course of any trial
15on the charged offense, unless the defendant places his or her
16mental competency in issue.
17    (b) The court may impose other conditions, such as the
18following, if the court finds that such conditions are
19reasonably necessary to assure the defendant's appearance in
20court, protect the public from the defendant, or prevent the
21defendant's unlawful interference with the orderly
22administration of justice:
23        (1) Report to or appear in person before such person
24    or agency as the court may direct;
25        (2) Refrain from possessing a firearm or other
26    dangerous weapon;

 

 

HB1095 Enrolled- 244 -LRB102 03109 RLC 13122 b

1        (3) Refrain from approaching or communicating with
2    particular persons or classes of persons;
3        (4) Refrain from going to certain described
4    geographical areas or premises;
5        (5) Refrain from engaging in certain activities or
6    indulging in intoxicating liquors or in certain drugs;
7        (6) Undergo treatment for drug addiction or
8    alcoholism;
9        (7) Undergo medical or psychiatric treatment;
10        (8) Work or pursue a course of study or vocational
11    training;
12        (9) Attend or reside in a facility designated by the
13    court;
14        (10) Support his or her dependents;
15        (11) If a minor resides with his or her parents or in a
16    foster home, attend school, attend a non-residential
17    program for youths, and contribute to his or her own
18    support at home or in a foster home;
19        (12) Observe any curfew ordered by the court;
20        (13) Remain in the custody of such designated person
21    or organization agreeing to supervise his release. Such
22    third party custodian shall be responsible for notifying
23    the court if the defendant fails to observe the conditions
24    of release which the custodian has agreed to monitor, and
25    shall be subject to contempt of court for failure so to
26    notify the court;

 

 

HB1095 Enrolled- 245 -LRB102 03109 RLC 13122 b

1        (14) Be placed under direct supervision of the
2    Pretrial Services Agency, Probation Department or Court
3    Services Department in a pretrial bond home supervision
4    capacity with or without the use of an approved electronic
5    monitoring device subject to Article 8A of Chapter V of
6    the Unified Code of Corrections;
7        (14.1) The court shall impose upon a defendant who is
8    charged with any alcohol, cannabis, methamphetamine, or
9    controlled substance violation and is placed under direct
10    supervision of the Pretrial Services Agency, Probation
11    Department or Court Services Department in a pretrial bond
12    home supervision capacity with the use of an approved
13    monitoring device, as a condition of such bail bond, a fee
14    that represents costs incidental to the electronic
15    monitoring for each day of such bail supervision ordered
16    by the court, unless after determining the inability of
17    the defendant to pay the fee, the court assesses a lesser
18    fee or no fee as the case may be. The fee shall be
19    collected by the clerk of the circuit court, except as
20    provided in an administrative order of the Chief Judge of
21    the circuit court. The clerk of the circuit court shall
22    pay all monies collected from this fee to the county
23    treasurer for deposit in the substance abuse services fund
24    under Section 5-1086.1 of the Counties Code, except as
25    provided in an administrative order of the Chief Judge of
26    the circuit court.

 

 

HB1095 Enrolled- 246 -LRB102 03109 RLC 13122 b

1        The Chief Judge of the circuit court of the county may
2    by administrative order establish a program for electronic
3    monitoring of offenders with regard to drug-related and
4    alcohol-related offenses, in which a vendor supplies and
5    monitors the operation of the electronic monitoring
6    device, and collects the fees on behalf of the county. The
7    program shall include provisions for indigent offenders
8    and the collection of unpaid fees. The program shall not
9    unduly burden the offender and shall be subject to review
10    by the Chief Judge.
11        The Chief Judge of the circuit court may suspend any
12    additional charges or fees for late payment, interest, or
13    damage to any device;
14        (14.2) The court shall impose upon all defendants,
15    including those defendants subject to paragraph (14.1)
16    above, placed under direct supervision of the Pretrial
17    Services Agency, Probation Department or Court Services
18    Department in a pretrial bond home supervision capacity
19    with the use of an approved monitoring device, as a
20    condition of such bail bond, a fee which shall represent
21    costs incidental to such electronic monitoring for each
22    day of such bail supervision ordered by the court, unless
23    after determining the inability of the defendant to pay
24    the fee, the court assesses a lesser fee or no fee as the
25    case may be. The fee shall be collected by the clerk of the
26    circuit court, except as provided in an administrative

 

 

HB1095 Enrolled- 247 -LRB102 03109 RLC 13122 b

1    order of the Chief Judge of the circuit court. The clerk of
2    the circuit court shall pay all monies collected from this
3    fee to the county treasurer who shall use the monies
4    collected to defray the costs of corrections. The county
5    treasurer shall deposit the fee collected in the county
6    working cash fund under Section 6-27001 or Section 6-29002
7    of the Counties Code, as the case may be, except as
8    provided in an administrative order of the Chief Judge of
9    the circuit court.
10        The Chief Judge of the circuit court of the county may
11    by administrative order establish a program for electronic
12    monitoring of offenders with regard to drug-related and
13    alcohol-related offenses, in which a vendor supplies and
14    monitors the operation of the electronic monitoring
15    device, and collects the fees on behalf of the county. The
16    program shall include provisions for indigent offenders
17    and the collection of unpaid fees. The program shall not
18    unduly burden the offender and shall be subject to review
19    by the Chief Judge.
20        The Chief Judge of the circuit court may suspend any
21    additional charges or fees for late payment, interest, or
22    damage to any device;
23        (14.3) The Chief Judge of the Judicial Circuit may
24    establish reasonable fees to be paid by a person receiving
25    pretrial services while under supervision of a pretrial
26    services agency, probation department, or court services

 

 

HB1095 Enrolled- 248 -LRB102 03109 RLC 13122 b

1    department. Reasonable fees may be charged for pretrial
2    services including, but not limited to, pretrial
3    supervision, diversion programs, electronic monitoring,
4    victim impact services, drug and alcohol testing, DNA
5    testing, GPS electronic monitoring, assessments and
6    evaluations related to domestic violence and other
7    victims, and victim mediation services. The person
8    receiving pretrial services may be ordered to pay all
9    costs incidental to pretrial services in accordance with
10    his or her ability to pay those costs;
11        (14.4) For persons charged with violating Section
12    11-501 of the Illinois Vehicle Code, refrain from
13    operating a motor vehicle not equipped with an ignition
14    interlock device, as defined in Section 1-129.1 of the
15    Illinois Vehicle Code, pursuant to the rules promulgated
16    by the Secretary of State for the installation of ignition
17    interlock devices. Under this condition the court may
18    allow a defendant who is not self-employed to operate a
19    vehicle owned by the defendant's employer that is not
20    equipped with an ignition interlock device in the course
21    and scope of the defendant's employment;
22        (15) Comply with the terms and conditions of an order
23    of protection issued by the court under the Illinois
24    Domestic Violence Act of 1986 or an order of protection
25    issued by the court of another state, tribe, or United
26    States territory;

 

 

HB1095 Enrolled- 249 -LRB102 03109 RLC 13122 b

1        (16) Under Section 110-6.5 comply with the conditions
2    of the drug testing program; and
3        (17) Such other reasonable conditions as the court may
4    impose.
5    (c) When a person is charged with an offense under Section
611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
712-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
8Criminal Code of 2012, involving a victim who is a minor under
918 years of age living in the same household with the defendant
10at the time of the offense, in granting bail or releasing the
11defendant on his own recognizance, the judge shall impose
12conditions to restrict the defendant's access to the victim
13which may include, but are not limited to conditions that he
14will:
15        1. Vacate the household.
16        2. Make payment of temporary support to his
17    dependents.
18        3. Refrain from contact or communication with the
19    child victim, except as ordered by the court.
20    (d) When a person is charged with a criminal offense and
21the victim is a family or household member as defined in
22Article 112A, conditions shall be imposed at the time of the
23defendant's release on bond that restrict the defendant's
24access to the victim. Unless provided otherwise by the court,
25the restrictions shall include requirements that the defendant
26do the following:

 

 

HB1095 Enrolled- 250 -LRB102 03109 RLC 13122 b

1        (1) refrain from contact or communication with the
2    victim for a minimum period of 72 hours following the
3    defendant's release; and
4        (2) refrain from entering or remaining at the victim's
5    residence for a minimum period of 72 hours following the
6    defendant's release.
7    (e) Local law enforcement agencies shall develop
8standardized bond forms for use in cases involving family or
9household members as defined in Article 112A, including
10specific conditions of bond as provided in subsection (d).
11Failure of any law enforcement department to develop or use
12those forms shall in no way limit the applicability and
13enforcement of subsections (d) and (f).
14    (f) If the defendant is admitted to bail after conviction
15the conditions of the bail bond shall be that he will, in
16addition to the conditions set forth in subsections (a) and
17(b) hereof:
18        (1) Duly prosecute his appeal;
19        (2) Appear at such time and place as the court may
20    direct;
21        (3) Not depart this State without leave of the court;
22        (4) Comply with such other reasonable conditions as
23    the court may impose; and
24        (5) If the judgment is affirmed or the cause reversed
25    and remanded for a new trial, forthwith surrender to the
26    officer from whose custody he was bailed.

 

 

HB1095 Enrolled- 251 -LRB102 03109 RLC 13122 b

1    (g) Upon a finding of guilty for any felony offense, the
2defendant shall physically surrender, at a time and place
3designated by the court, any and all firearms in his or her
4possession and his or her Firearm Owner's Identification Card
5as a condition of remaining on bond pending sentencing.
6    (h) In the event the defendant is unable to post bond, the
7court may impose a no contact provision with the victim or
8other interested party that shall be enforced while the
9defendant remains in custody.
10(Source: P.A. 101-138, eff. 1-1-20.)
 
11    (Text of Section after amendment by P.A. 101-652)
12    Sec. 110-10. Conditions of pretrial release.
13    (a) If a person is released prior to conviction, the
14conditions of pretrial release shall be that he or she will:
15        (1) Appear to answer the charge in the court having
16    jurisdiction on a day certain and thereafter as ordered by
17    the court until discharged or final order of the court;
18        (2) Submit himself or herself to the orders and
19    process of the court;
20        (3) (Blank);
21        (4) Not violate any criminal statute of any
22    jurisdiction;
23        (5) At a time and place designated by the court,
24    surrender all firearms in his or her possession to a law
25    enforcement officer designated by the court to take

 

 

HB1095 Enrolled- 252 -LRB102 03109 RLC 13122 b

1    custody of and impound the firearms and physically
2    surrender his or her Firearm Owner's Identification Card
3    to the clerk of the circuit court when the offense the
4    person has been charged with is a forcible felony,
5    stalking, aggravated stalking, domestic battery, any
6    violation of the Illinois Controlled Substances Act, the
7    Methamphetamine Control and Community Protection Act, or
8    the Cannabis Control Act that is classified as a Class 2 or
9    greater felony, or any felony violation of Article 24 of
10    the Criminal Code of 1961 or the Criminal Code of 2012; the
11    court may, however, forgo the imposition of this condition
12    when the circumstances of the case clearly do not warrant
13    it or when its imposition would be impractical; if the
14    Firearm Owner's Identification Card is confiscated, the
15    clerk of the circuit court shall mail the confiscated card
16    to the Illinois State Police; all legally possessed
17    firearms shall be returned to the person upon the charges
18    being dismissed, or if the person is found not guilty,
19    unless the finding of not guilty is by reason of insanity;
20    and
21        (6) At a time and place designated by the court,
22    submit to a psychological evaluation when the person has
23    been charged with a violation of item (4) of subsection
24    (a) of Section 24-1 of the Criminal Code of 1961 or the
25    Criminal Code of 2012 and that violation occurred in a
26    school or in any conveyance owned, leased, or contracted

 

 

HB1095 Enrolled- 253 -LRB102 03109 RLC 13122 b

1    by a school to transport students to or from school or a
2    school-related activity, or on any public way within 1,000
3    feet of real property comprising any school.
4    Psychological evaluations ordered pursuant to this Section
5shall be completed promptly and made available to the State,
6the defendant, and the court. As a further condition of
7pretrial release under these circumstances, the court shall
8order the defendant to refrain from entering upon the property
9of the school, including any conveyance owned, leased, or
10contracted by a school to transport students to or from school
11or a school-related activity, or on any public way within
121,000 feet of real property comprising any school. Upon
13receipt of the psychological evaluation, either the State or
14the defendant may request a change in the conditions of
15pretrial release, pursuant to Section 110-6 of this Code. The
16court may change the conditions of pretrial release to include
17a requirement that the defendant follow the recommendations of
18the psychological evaluation, including undergoing psychiatric
19treatment. The conclusions of the psychological evaluation and
20any statements elicited from the defendant during its
21administration are not admissible as evidence of guilt during
22the course of any trial on the charged offense, unless the
23defendant places his or her mental competency in issue.
24    (b) Additional conditions of release shall be set only
25when it is determined that they are necessary to ensure the
26defendant's appearance in court, ensure the defendant does not

 

 

HB1095 Enrolled- 254 -LRB102 03109 RLC 13122 b

1commit any criminal offense, ensure the defendant complies
2with all conditions of pretrial release, The court may impose
3other conditions, such as the following, if the court finds
4that such conditions are reasonably necessary to assure the
5defendant's appearance in court, protect the public from the
6defendant, or prevent the defendant's unlawful interference
7with the orderly administration of justice, or ensure
8compliance with the rules and procedures of problem solving
9courts. However, conditions shall include the least
10restrictive means and be individualized. Conditions shall not
11mandate rehabilitative services unless directly tied to the
12risk of pretrial misconduct. Conditions of supervision shall
13not include punitive measures such as community service work
14or restitution. Conditions may include the following:
15        (0.05) Not depart this State without leave of the
16    court;
17        (1) Report to or appear in person before such person
18    or agency as the court may direct;
19        (2) Refrain from possessing a firearm or other
20    dangerous weapon;
21        (3) Refrain from approaching or communicating with
22    particular persons or classes of persons;
23        (4) Refrain from going to certain described geographic
24    geographical areas or premises;
25        (5) Refrain from engaging in certain activities or
26    indulging in intoxicating liquors or in certain drugs;

 

 

HB1095 Enrolled- 255 -LRB102 03109 RLC 13122 b

1        (6) Undergo treatment for drug addiction or
2    alcoholism;
3        (7) Undergo medical or psychiatric treatment;
4        (8) Work or pursue a course of study or vocational
5    training;
6        (9) Attend or reside in a facility designated by the
7    court;
8        (10) Support his or her dependents;
9        (11) If a minor resides with his or her parents or in a
10    foster home, attend school, attend a non-residential
11    program for youths, and contribute to his or her own
12    support at home or in a foster home;
13        (12) Observe any curfew ordered by the court;
14        (13) Remain in the custody of such designated person
15    or organization agreeing to supervise his release. Such
16    third party custodian shall be responsible for notifying
17    the court if the defendant fails to observe the conditions
18    of release which the custodian has agreed to monitor, and
19    shall be subject to contempt of court for failure so to
20    notify the court;
21        (5) (14) Be placed under direct supervision of the
22    Pretrial Services Agency, Probation Department or Court
23    Services Department in a pretrial home supervision
24    capacity with or without the use of an approved electronic
25    monitoring device subject to Article 8A of Chapter V of
26    the Unified Code of Corrections;

 

 

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1        (14.1) The court may impose upon a defendant who is
2    charged with any alcohol, cannabis, methamphetamine, or
3    controlled substance violation and is placed under direct
4    supervision of the Pretrial Services Agency, Probation
5    Department or Court Services Department in a pretrial home
6    supervision capacity with the use of an approved
7    monitoring device, as a condition of such pretrial
8    monitoring, a fee that represents costs incidental to the
9    electronic monitoring for each day of such pretrial
10    supervision ordered by the court, unless after determining
11    the inability of the defendant to pay the fee, the court
12    assesses a lesser fee or no fee as the case may be. The fee
13    shall be collected by the clerk of the circuit court,
14    except as provided in an administrative order of the Chief
15    Judge of the circuit court. The clerk of the circuit court
16    shall pay all monies collected from this fee to the county
17    treasurer for deposit in the substance abuse services fund
18    under Section 5-1086.1 of the Counties Code, except as
19    provided in an administrative order of the Chief Judge of
20    the circuit court.
21        The Chief Judge of the circuit court of the county may
22    by administrative order establish a program for electronic
23    monitoring of offenders with regard to drug-related and
24    alcohol-related offenses, in which a vendor supplies and
25    monitors the operation of the electronic monitoring
26    device, and collects the fees on behalf of the county. The

 

 

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1    program shall include provisions for indigent offenders
2    and the collection of unpaid fees. The program shall not
3    unduly burden the offender and shall be subject to review
4    by the Chief Judge.
5        The Chief Judge of the circuit court may suspend any
6    additional charges or fees for late payment, interest, or
7    damage to any device;
8        (14.2) The court may impose upon all defendants,
9    including those defendants subject to paragraph (14.1)
10    above, placed under direct supervision of the Pretrial
11    Services Agency, Probation Department or Court Services
12    Department in a pretrial home supervision capacity with
13    the use of an approved monitoring device, as a condition
14    of such release, a fee which shall represent costs
15    incidental to such electronic monitoring for each day of
16    such supervision ordered by the court, unless after
17    determining the inability of the defendant to pay the fee,
18    the court assesses a lesser fee or no fee as the case may
19    be. The fee shall be collected by the clerk of the circuit
20    court, except as provided in an administrative order of
21    the Chief Judge of the circuit court. The clerk of the
22    circuit court shall pay all monies collected from this fee
23    to the county treasurer who shall use the monies collected
24    to defray the costs of corrections. The county treasurer
25    shall deposit the fee collected in the county working cash
26    fund under Section 6-27001 or Section 6-29002 of the

 

 

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1    Counties Code, as the case may be, except as provided in an
2    administrative order of the Chief Judge of the circuit
3    court.
4        The Chief Judge of the circuit court of the county may
5    by administrative order establish a program for electronic
6    monitoring of offenders with regard to drug-related and
7    alcohol-related offenses, in which a vendor supplies and
8    monitors the operation of the electronic monitoring
9    device, and collects the fees on behalf of the county. The
10    program shall include provisions for indigent offenders
11    and the collection of unpaid fees. The program shall not
12    unduly burden the offender and shall be subject to review
13    by the Chief Judge.
14        The Chief Judge of the circuit court may suspend any
15    additional charges or fees for late payment, interest, or
16    damage to any device;
17        (14.3) The Chief Judge of the Judicial Circuit may
18    establish reasonable fees to be paid by a person receiving
19    pretrial services while under supervision of a pretrial
20    services agency, probation department, or court services
21    department. Reasonable fees may be charged for pretrial
22    services including, but not limited to, pretrial
23    supervision, diversion programs, electronic monitoring,
24    victim impact services, drug and alcohol testing, DNA
25    testing, GPS electronic monitoring, assessments and
26    evaluations related to domestic violence and other

 

 

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1    victims, and victim mediation services. The person
2    receiving pretrial services may be ordered to pay all
3    costs incidental to pretrial services in accordance with
4    his or her ability to pay those costs;
5        (6) (14.4) For persons charged with violating Section
6    11-501 of the Illinois Vehicle Code, refrain from
7    operating a motor vehicle not equipped with an ignition
8    interlock device, as defined in Section 1-129.1 of the
9    Illinois Vehicle Code, pursuant to the rules promulgated
10    by the Secretary of State for the installation of ignition
11    interlock devices. Under this condition the court may
12    allow a defendant who is not self-employed to operate a
13    vehicle owned by the defendant's employer that is not
14    equipped with an ignition interlock device in the course
15    and scope of the defendant's employment;
16        (7) (15) Comply with the terms and conditions of an
17    order of protection issued by the court under the Illinois
18    Domestic Violence Act of 1986 or an order of protection
19    issued by the court of another state, tribe, or United
20    States territory;
21        (8) Sign a written admonishment requiring that he or
22    she comply with the provisions of Section 110-12 regarding
23    any change in his or her address. The defendant's address
24    shall at all times remain a matter of record with the clerk
25    of the court (16) (Blank); and
26        (9) (17) Such other reasonable conditions as the court

 

 

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1    may impose, so long as these conditions are the least
2    restrictive means to achieve the goals listed in
3    subsection (b), are individualized, and are in accordance
4    with national best practices as detailed in the Pretrial
5    Supervision Standards of the Supreme Court.
6    The defendant shall receive verbal and written
7notification of conditions of pretrial release and future
8court dates, including the date, time, and location of court.
9    (c) When a person is charged with an offense under Section
1011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
12Criminal Code of 2012, involving a victim who is a minor under
1318 years of age living in the same household with the defendant
14at the time of the offense, in releasing the defendant, the
15judge shall impose conditions to restrict the defendant's
16access to the victim which may include, but are not limited to
17conditions that he will:
18        1. Vacate the household.
19        2. Make payment of temporary support to his
20    dependents.
21        3. Refrain from contact or communication with the
22    child victim, except as ordered by the court.
23    (d) When a person is charged with a criminal offense and
24the victim is a family or household member as defined in
25Article 112A, conditions shall be imposed at the time of the
26defendant's release that restrict the defendant's access to

 

 

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1the victim. Unless provided otherwise by the court, the
2restrictions shall include requirements that the defendant do
3the following:
4        (1) refrain from contact or communication with the
5    victim for a minimum period of 72 hours following the
6    defendant's release; and
7        (2) refrain from entering or remaining at the victim's
8    residence for a minimum period of 72 hours following the
9    defendant's release.
10    (e) Local law enforcement agencies shall develop
11standardized pretrial release forms for use in cases involving
12family or household members as defined in Article 112A,
13including specific conditions of pretrial release as provided
14in subsection (d). Failure of any law enforcement department
15to develop or use those forms shall in no way limit the
16applicability and enforcement of subsections (d) and (f).
17    (f) If the defendant is released after conviction
18following appeal or other post-conviction proceeding, the
19conditions of the pretrial release shall be that he will, in
20addition to the conditions set forth in subsections (a) and
21(b) hereof:
22        (1) Duly prosecute his appeal;
23        (2) Appear at such time and place as the court may
24    direct;
25        (3) Not depart this State without leave of the court;
26        (4) Comply with such other reasonable conditions as

 

 

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1    the court may impose; and
2        (5) If the judgment is affirmed or the cause reversed
3    and remanded for a new trial, forthwith surrender to the
4    officer from whose custody he was released.
5    (g) Upon a finding of guilty for any felony offense, the
6defendant shall physically surrender, at a time and place
7designated by the court, any and all firearms in his or her
8possession and his or her Firearm Owner's Identification Card
9as a condition of being released pending sentencing.
10    (h) In the event the defendant is denied pretrial release,
11the court may impose a no contact provision with the victim or
12other interested party that shall be enforced while the
13defendant remains in custody.
14(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23.)
 
15    (725 ILCS 5/110-12)  (from Ch. 38, par. 110-12)
16    (Text of Section before amendment by P.A. 101-652)
17    Sec. 110-12. Notice of change of address. A defendant who
18has been admitted to bail shall file a written notice with the
19clerk of the court before which the proceeding is pending of
20any change in his or her address within 24 hours after such
21change, except that a defendant who has been admitted to bail
22for a forcible felony as defined in Section 2-8 of the Criminal
23Code of 2012 shall file a written notice with the clerk of the
24court before which the proceeding is pending and the clerk
25shall immediately deliver a time stamped copy of the written

 

 

HB1095 Enrolled- 263 -LRB102 03109 RLC 13122 b

1notice to the State's Attorney charged with the prosecution
2within 24 hours prior to such change. The address of a
3defendant who has been admitted to bail shall at all times
4remain a matter of public record with the clerk of the court.
5(Source: P.A. 97-1150, eff. 1-25-13.)
 
6    (Text of Section after amendment by P.A. 101-652)
7    Sec. 110-12. Notice of change of address. A defendant who
8has been admitted to pretrial release shall file a written
9notice with the clerk of the court before which the proceeding
10is pending of any change in his or her address within 24 hours
11after such change, except that a defendant who has been
12admitted to pretrial release for a forcible felony as defined
13in Section 2-8 of the Criminal Code of 2012 shall file a
14written notice with the clerk of the court before which the
15proceeding is pending and the clerk shall immediately deliver
16a time stamped copy of the written notice to the prosecutor
17State's Attorney charged with the prosecution within 24 hours
18prior to such change. The address of a defendant who has been
19admitted to pretrial release shall at all times remain a
20matter of public record with the clerk of the court.
21(Source: P.A. 101-652, eff. 1-1-23.)
 
22    (725 ILCS 5/113-3.1)  (from Ch. 38, par. 113-3.1)
23    Sec. 113-3.1. Payment for Court-Appointed Counsel.
24    (a) Whenever under either Section 113-3 of this Code or

 

 

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1Rule 607 of the Illinois Supreme Court the court appoints
2counsel to represent a defendant, the court may order the
3defendant to pay to the Clerk of the Circuit Court a reasonable
4sum to reimburse either the county or the State for such
5representation. In a hearing to determine the amount of the
6payment, the court shall consider the affidavit prepared by
7the defendant under Section 113-3 of this Code and any other
8information pertaining to the defendant's financial
9circumstances which may be submitted by the parties. Such
10hearing shall be conducted on the court's own motion or on
11motion of the prosecutor State's Attorney at any time after
12the appointment of counsel but no later than 90 days after the
13entry of a final order disposing of the case at the trial
14level.
15    (b) Any sum ordered paid under this Section may not exceed
16$500 for a defendant charged with a misdemeanor, $5,000 for a
17defendant charged with a felony, or $2,500 for a defendant who
18is appealing a conviction of any class offense.
19    (c) The method of any payment required under this Section
20shall be as specified by the Court. The court may order that
21payments be made on a monthly basis during the term of
22representation; however, the sum deposited as money bond shall
23not be used to satisfy this court order. Any sum deposited as
24money bond with the Clerk of the Circuit Court under Section
25110-7 of this Code may be used in the court's discretion in
26whole or in part to comply with any payment order entered in

 

 

HB1095 Enrolled- 265 -LRB102 03109 RLC 13122 b

1accordance with paragraph (a) of this Section. The court may
2give special consideration to the interests of relatives or
3other third parties who may have posted a money bond on the
4behalf of the defendant to secure his release. At any time
5prior to full payment of any payment order the court on its own
6motion or the motion of any party may reduce, increase, or
7suspend the ordered payment, or modify the method of payment,
8as the interest of fairness may require. No increase,
9suspension, or reduction may be ordered without a hearing and
10notice to all parties.
11    (d) The Supreme Court or the circuit courts may provide by
12rule for procedures for the enforcement of orders entered
13under this Section. Such rules may provide for the assessment
14of all costs, including attorneys' fees which are required for
15the enforcement of orders entered under this Section when the
16court in an enforcement proceeding has first found that the
17defendant has willfully refused to pay. The Clerk of the
18Circuit Court shall keep records and make reports to the court
19concerning funds paid under this Section in whatever manner
20the court directs.
21    (e) Whenever an order is entered under this Section for
22the reimbursement of the State due to the appointment of the
23State Appellate Defender as counsel on appeal, the order shall
24provide that the Clerk of the Circuit Court shall retain all
25funds paid pursuant to such order until the full amount of the
26sum ordered to be paid by the defendant has been paid. When no

 

 

HB1095 Enrolled- 266 -LRB102 03109 RLC 13122 b

1balance remains due on such order, the Clerk of the Circuit
2Court shall inform the court of this fact and the court shall
3promptly order the Clerk of the Circuit Court to pay to the
4State Treasurer all of the sum paid.
5    (f) The Clerk of the Circuit Court shall retain all funds
6under this Section paid for the reimbursement of the county,
7and shall inform the court when no balance remains due on an
8order entered hereunder. The Clerk of the Circuit Court shall
9make payments of funds collected under this Section to the
10County Treasurer in whatever manner and at whatever point as
11the court may direct, including payments made on a monthly
12basis during the term of representation.
13    (g) A defendant who fails to obey any order of court
14entered under this Section may be punished for contempt of
15court. Any arrearage in payments may be reduced to judgment in
16the court's discretion and collected by any means authorized
17for the collection of money judgments under the law of this
18State.
19(Source: P.A. 88-394.)
 
20    Section 72. The Code of Criminal Procedure of 1963 is
21amended by changing Sections 107-11 and 110-14 as follows:
 
22    (725 ILCS 5/107-11)  (from Ch. 38, par. 107-11)
23    Sec. 107-11. When summons may be issued.
24    (a) When authorized to issue a warrant of arrest, a court

 

 

HB1095 Enrolled- 267 -LRB102 03109 RLC 13122 b

1may instead issue a summons.
2    (b) The summons shall:
3        (1) Be in writing;
4        (2) State the name of the person summoned and his or
5    her address, if known;
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 or her office; and
11        (6) Command the person to appear before a court at a
12    certain time and place.
13    (c) The summons may be served in the same manner as the
14summons in a civil action or by certified or regular mail,
15except that police officers may serve summons for violations
16of ordinances occurring within their municipalities.
17(Source: P.A. 87-574.)
 
18    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 110-14. Credit toward fines for pretrial
21incarceration on bailable offense; credit against monetary
22bail for certain offenses.
23    (a) Any person denied pretrial release incarcerated on a
24bailable offense who does not supply bail and against whom a
25fine is levied on conviction of the offense shall be

 

 

HB1095 Enrolled- 268 -LRB102 03109 RLC 13122 b

1automatically credited allowed a credit of $30 for each day so
2incarcerated upon application of the defendant. However, in no
3case shall the amount so allowed or credited exceed the amount
4of the fine.
5    (b) Subsection (a) does not apply to a person incarcerated
6for sexual assault as defined in paragraph (1) of subsection
7(a) of Section 5-9-1.7 of the Unified Code of Corrections.
8    (c) A person subject to bail on a Category B offense,
9before January 1, 2023, shall have $30 deducted from his or her
1010% cash bond amount every day the person is incarcerated. The
11sheriff shall calculate and apply this $30 per day reduction
12and send notice to the circuit clerk if a defendant's 10% cash
13bond amount is reduced to $0, at which point the defendant
14shall be released upon his or her own recognizance.
15    (d) The court may deny the incarceration credit in
16subsection (c) of this Section if the person has failed to
17appear as required before the court and is incarcerated based
18on a warrant for failure to appear on the same original
19criminal offense.
20    (e) (Blank). This Section is repealed on January 1, 2023.
21(Source: P.A. 101-408, eff. 1-1-20; P.A. 101-652, eff. 7-1-21.
22Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff.
2312-17-21.)
 
24    (725 ILCS 5/110-4 rep.)
25    (725 ILCS 5/Art. 110A rep.)

 

 

HB1095 Enrolled- 269 -LRB102 03109 RLC 13122 b

1    Section 75. The Code of Criminal Procedure of 1963 is
2amended by repealing Section 110-4 and Article 110A.
 
3    Section 80. The Rights of Crime Victims and Witnesses Act
4is amended by changing Section 3 as follows:
 
5    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
6    (Text of Section before amendment by P.A. 102-982)
7    Sec. 3. The terms used in this Act shall have the following
8meanings:
9    (a) "Crime victim" or "victim" means: (1) any natural
10person determined by the prosecutor or the court to have
11suffered direct physical or psychological harm as a result of
12a violent crime perpetrated or attempted against that person
13or direct physical or psychological harm as a result of (i) a
14violation of Section 11-501 of the Illinois Vehicle Code or
15similar provision of a local ordinance or (ii) a violation of
16Section 9-3 of the Criminal Code of 1961 or the Criminal Code
17of 2012; (2) in the case of a crime victim who is under 18
18years of age or an adult victim who is incompetent or
19incapacitated, both parents, legal guardians, foster parents,
20or a single adult representative; (3) in the case of an adult
21deceased victim, 2 representatives who may be the spouse,
22parent, child or sibling of the victim, or the representative
23of the victim's estate; and (4) an immediate family member of a
24victim under clause (1) of this paragraph (a) chosen by the

 

 

HB1095 Enrolled- 270 -LRB102 03109 RLC 13122 b

1victim. If the victim is 18 years of age or over, the victim
2may choose any person to be the victim's representative. In no
3event shall the defendant or any person who aided and abetted
4in the commission of the crime be considered a victim, a crime
5victim, or a representative of the victim.
6    A board, agency, or other governmental entity making
7decisions regarding an offender's release, sentence reduction,
8or clemency can determine additional persons are victims for
9the purpose of its proceedings.
10    (a-3) "Advocate" means a person whose communications with
11the victim are privileged under Section 8-802.1 or 8-802.2 of
12the Code of Civil Procedure, or Section 227 of the Illinois
13Domestic Violence Act of 1986.
14    (a-5) "Confer" means to consult together, share
15information, compare opinions and carry on a discussion or
16deliberation.
17    (a-7) "Sentence" includes, but is not limited to, the
18imposition of sentence, a request for a reduction in sentence,
19parole, mandatory supervised release, aftercare release, early
20release, inpatient treatment, outpatient treatment,
21conditional release after a finding that the defendant is not
22guilty by reason of insanity, clemency, or a proposal that
23would reduce the defendant's sentence or result in the
24defendant's release. "Early release" refers to a discretionary
25release.
26    (a-9) "Sentencing" includes, but is not limited to, the

 

 

HB1095 Enrolled- 271 -LRB102 03109 RLC 13122 b

1imposition of sentence and a request for a reduction in
2sentence, parole, mandatory supervised release, aftercare
3release, early release, consideration of inpatient treatment
4or outpatient treatment, or conditional release after a
5finding that the defendant is not guilty by reason of
6insanity.
7    (a-10) "Status hearing" means a hearing designed to
8provide information to the court, at which no motion of a
9substantive nature and no constitutional or statutory right of
10a crime victim is implicated or at issue.
11    (b) "Witness" means: any person who personally observed
12the commission of a crime and who will testify on behalf of the
13State of Illinois; or a person who will be called by the
14prosecution to give testimony establishing a necessary nexus
15between the offender and the violent crime.
16    (c) "Violent crime" means: (1) any felony in which force
17or threat of force was used against the victim; (2) any offense
18involving sexual exploitation, sexual conduct, or sexual
19penetration; (3) a violation of Section 11-20.1, 11-20.1B,
2011-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
21Criminal Code of 2012; (4) domestic battery or stalking; (5)
22violation of an order of protection, a civil no contact order,
23or a stalking no contact order; (6) any misdemeanor which
24results in death or great bodily harm to the victim; or (7) any
25violation of Section 9-3 of the Criminal Code of 1961 or the
26Criminal Code of 2012, or Section 11-501 of the Illinois

 

 

HB1095 Enrolled- 272 -LRB102 03109 RLC 13122 b

1Vehicle Code, or a similar provision of a local ordinance, if
2the violation resulted in personal injury or death. "Violent
3crime" includes any action committed by a juvenile that would
4be a violent crime if committed by an adult. For the purposes
5of this paragraph, "personal injury" shall include any Type A
6injury as indicated on the traffic accident report completed
7by a law enforcement officer that requires immediate
8professional attention in either a doctor's office or medical
9facility. A type A injury shall include severely bleeding
10wounds, distorted extremities, and injuries that require the
11injured party to be carried from the scene.
12    (d) (Blank).
13    (e) "Court proceedings" includes, but is not limited to,
14the preliminary hearing, any post-arraignment hearing the
15effect of which may be the release of the defendant from
16custody or to alter the conditions of bond, change of plea
17hearing, the trial, any pretrial or post-trial hearing,
18sentencing, any oral argument or hearing before an Illinois
19appellate court, any hearing under the Mental Health and
20Developmental Disabilities Code or Section 5-2-4 of the
21Unified Code of Corrections after a finding that the defendant
22is not guilty by reason of insanity, including a hearing for
23conditional release, any hearing related to a modification of
24sentence, probation revocation hearing, aftercare release or
25parole hearings, post-conviction relief proceedings, habeas
26corpus proceedings and clemency proceedings related to the

 

 

HB1095 Enrolled- 273 -LRB102 03109 RLC 13122 b

1defendant's conviction or sentence. For purposes of the
2victim's right to be present, "court proceedings" does not
3include (1) hearings under Section 109-1 of the Code of
4Criminal Procedure of 1963, (2) grand jury proceedings, (3)
5status hearings, or (4) the issuance of an order or decision of
6an Illinois court that dismisses a charge, reverses a
7conviction, reduces a sentence, or releases an offender under
8a court rule.
9    (f) "Concerned citizen" includes relatives of the victim,
10friends of the victim, witnesses to the crime, or any other
11person associated with the victim or prisoner.
12    (g) "Victim's attorney" means an attorney retained by the
13victim for the purposes of asserting the victim's
14constitutional and statutory rights. An attorney retained by
15the victim means an attorney who is hired to represent the
16victim at the victim's expense or an attorney who has agreed to
17provide pro bono representation. Nothing in this statute
18creates a right to counsel at public expense for a victim.
19    (h) "Support person" means a person chosen by a victim to
20be present at court proceedings.
21(Source: P.A. 99-143, eff. 7-27-15; 99-413, eff. 8-20-15;
2299-642, eff. 7-28-16; 99-671, eff. 1-1-17; 100-961, eff.
231-1-19.)
 
24    (Text of Section after amendment by P.A. 102-982)
25    Sec. 3. The terms used in this Act shall have the following

 

 

HB1095 Enrolled- 274 -LRB102 03109 RLC 13122 b

1meanings:
2    (a) "Crime victim" or "victim" means: (1) any natural
3person determined by the prosecutor or the court to have
4suffered direct physical or psychological harm as a result of
5a violent crime perpetrated or attempted against that person
6or direct physical or psychological harm as a result of (i) a
7violation of Section 11-501 of the Illinois Vehicle Code or
8similar provision of a local ordinance or (ii) a violation of
9Section 9-3 of the Criminal Code of 1961 or the Criminal Code
10of 2012; (2) in the case of a crime victim who is under 18
11years of age or an adult victim who is incompetent or
12incapacitated, both parents, legal guardians, foster parents,
13or a single adult representative; (3) in the case of an adult
14deceased victim, 2 representatives who may be the spouse,
15parent, child or sibling of the victim, or the representative
16of the victim's estate; and (4) an immediate family member of a
17victim under clause (1) of this paragraph (a) chosen by the
18victim. If the victim is 18 years of age or over, the victim
19may choose any person to be the victim's representative. In no
20event shall the defendant or any person who aided and abetted
21in the commission of the crime be considered a victim, a crime
22victim, or a representative of the victim.
23    A board, agency, or other governmental entity making
24decisions regarding an offender's release, sentence reduction,
25or clemency can determine additional persons are victims for
26the purpose of its proceedings.

 

 

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1    (a-3) "Advocate" means a person whose communications with
2the victim are privileged under Section 8-802.1 or 8-802.2 of
3the Code of Civil Procedure, or Section 227 of the Illinois
4Domestic Violence Act of 1986.
5    (a-5) "Confer" means to consult together, share
6information, compare opinions and carry on a discussion or
7deliberation.
8    (a-7) "Sentence" includes, but is not limited to, the
9imposition of sentence, a request for a reduction in sentence,
10parole, mandatory supervised release, aftercare release, early
11release, inpatient treatment, outpatient treatment,
12conditional release after a finding that the defendant is not
13guilty by reason of insanity, clemency, or a proposal that
14would reduce the defendant's sentence or result in the
15defendant's release. "Early release" refers to a discretionary
16release.
17    (a-9) "Sentencing" includes, but is not limited to, the
18imposition of sentence and a request for a reduction in
19sentence, parole, mandatory supervised release, aftercare
20release, early release, consideration of inpatient treatment
21or outpatient treatment, or conditional release after a
22finding that the defendant is not guilty by reason of
23insanity.
24    (a-10) "Status hearing" means a hearing designed to
25provide information to the court, at which no motion of a
26substantive nature and no constitutional or statutory right of

 

 

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1a crime victim is implicated or at issue.
2    (b) "Witness" means: any person who personally observed
3the commission of a crime and who will testify on behalf of the
4State of Illinois; or a person who will be called by the
5prosecution to give testimony establishing a necessary nexus
6between the offender and the violent crime.
7    (c) "Violent crime" means: (1) any felony in which force
8or threat of force was used against the victim; (2) any offense
9involving sexual exploitation, sexual conduct, or sexual
10penetration; (3) a violation of Section 11-20.1, 11-20.1B,
1111-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
12Criminal Code of 2012; (4) domestic battery or stalking; (5)
13violation of an order of protection, a civil no contact order,
14or a stalking no contact order; (6) any misdemeanor which
15results in death or great bodily harm to the victim; or (7) any
16violation of Section 9-3 of the Criminal Code of 1961 or the
17Criminal Code of 2012, or Section 11-501 of the Illinois
18Vehicle Code, or a similar provision of a local ordinance, if
19the violation resulted in personal injury or death. "Violent
20crime" includes any action committed by a juvenile that would
21be a violent crime if committed by an adult. For the purposes
22of this paragraph, "personal injury" shall include any Type A
23injury as indicated on the traffic crash report completed by a
24law enforcement officer that requires immediate professional
25attention in either a doctor's office or medical facility. A
26type A injury shall include severely bleeding wounds,

 

 

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1distorted extremities, and injuries that require the injured
2party to be carried from the scene.
3    (d) (Blank).
4    (e) "Court proceedings" includes, but is not limited to,
5the preliminary hearing, any post-arraignment hearing the
6effect of which may be the release of the defendant from
7custody or to alter the conditions of bond, change of plea
8hearing, the trial, any pretrial or post-trial hearing,
9sentencing, any oral argument or hearing before an Illinois
10appellate court, any hearing under the Mental Health and
11Developmental Disabilities Code or Section 5-2-4 of the
12Unified Code of Corrections after a finding that the defendant
13is not guilty by reason of insanity, including a hearing for
14conditional release, any hearing related to a modification of
15sentence, probation revocation hearing, aftercare release or
16parole hearings, post-conviction relief proceedings, habeas
17corpus proceedings and clemency proceedings related to the
18defendant's conviction or sentence. For purposes of the
19victim's right to be present, "court proceedings" does not
20include (1) hearings under Section 109-1 of the Code of
21Criminal Procedure of 1963, (2) grand jury proceedings, (2)
22(3) status hearings, or (3) (4) the issuance of an order or
23decision of an Illinois court that dismisses a charge,
24reverses a conviction, reduces a sentence, or releases an
25offender under a court rule.
26    (f) "Concerned citizen" includes relatives of the victim,

 

 

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1friends of the victim, witnesses to the crime, or any other
2person associated with the victim or prisoner.
3    (g) "Victim's attorney" means an attorney retained by the
4victim for the purposes of asserting the victim's
5constitutional and statutory rights. An attorney retained by
6the victim means an attorney who is hired to represent the
7victim at the victim's expense or an attorney who has agreed to
8provide pro bono representation. Nothing in this statute
9creates a right to counsel at public expense for a victim.
10    (h) "Support person" means a person chosen by a victim to
11be present at court proceedings.
12(Source: P.A. 102-982, eff. 7-1-23.)
 
13    Section 85. The Pretrial Services Act is amended by
14changing Sections 7 and 19 as follows:
 
15    (725 ILCS 185/7)  (from Ch. 38, par. 307)
16    Sec. 7. Pretrial services agencies shall perform the
17following duties for the circuit court:
18    (a) Interview and assemble verified information and data
19concerning the community ties, employment, residency, criminal
20record, and social background of arrested persons who are to
21be, or have been, presented in court for first appearance on
22felony charges, to assist the court in determining the
23appropriate terms and conditions of pretrial release;
24    (b) Submit written reports of those investigations to the

 

 

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1court along with such findings and recommendations, if any, as
2may be necessary to assess appropriate conditions which shall
3be imposed to protect against the risks of nonappearance and
4commission of new offenses or other interference with the
5orderly administration of justice before trial; :
6    (1) the need for financial security to assure the
7defendant's appearance at later proceedings; and
8    (2) appropriate conditions which shall be imposed to
9protect against the risks of nonappearance and commission of
10new offenses or other interference with the orderly
11administration of justice before trial;
12    (c) Supervise compliance with pretrial release conditions,
13and promptly report violations of those conditions to the
14court and prosecutor to ensure assure effective enforcement;
15    (d) Cooperate with the court and all other criminal
16justice agencies in the development of programs to minimize
17unnecessary pretrial detention and protect the public against
18breaches of pretrial release conditions; and
19    (e) Monitor the local operations of the pretrial release
20system and maintain accurate and comprehensive records of
21program activities.
22(Source: P.A. 84-1449.)
 
23    (725 ILCS 185/19)  (from Ch. 38, par. 319)
24    Sec. 19. Written reports under Section 17 shall set forth
25all factual findings on which any recommendation and

 

 

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1conclusions contained therein are based together with the
2source of each fact, and shall contain information and data
3relevant to appropriate conditions imposed to protect against
4the risk of nonappearance and commission of new offenses or
5other interference with the orderly administration of justice
6before trial. the following issues:
7    (a) The need for financial security to assure the
8defendant's appearance for later court proceedings; and
9    (b) Appropriate conditions imposed to protect against the
10risk of nonappearance and commission of new offenses or other
11interference with the orderly administration of justice before
12trial.
13(Source: P.A. 84-1449.)
 
14    Section 87. The Pretrial Services Act is amended by
15changing Section 11 as follows:
 
16    (725 ILCS 185/11)  (from Ch. 38, par. 311)
17    (Text of Section before amendment by P.A. 101-652)
18    Sec. 11. No person shall be interviewed by a pretrial
19services agency unless he or she has first been apprised of the
20identity and purpose of the interviewer, the scope of the
21interview, the right to secure legal advice, and the right to
22refuse cooperation. Inquiry of the defendant shall carefully
23exclude questions concerning the details of the current
24charge. Statements made by the defendant during the interview,

 

 

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1or evidence derived therefrom, are admissible in evidence only
2when the court is considering the imposition of pretrial or
3posttrial conditions to bail or recognizance, or when
4considering the modification of a prior release order.
5(Source: P.A. 84-1449.)
 
6    (Text of Section after amendment by P.A. 101-652)
7    Sec. 11. No person shall be interviewed by a pretrial
8services agency unless he or she has first been apprised of the
9identity and purpose of the interviewer, the scope of the
10interview, the right to secure legal advice, and the right to
11refuse cooperation. Inquiry of the defendant shall carefully
12exclude questions concerning the details of the current
13charge. Statements made by the defendant during the interview,
14or evidence derived therefrom, are admissible in evidence only
15when the court is considering the imposition of pretrial or
16posttrial conditions of release, denial of pretrial release,
17to recognizance, or when considering the modification of a
18prior release order.
19(Source: P.A. 101-652, eff. 1-1-23.)
 
20    Section 90. The Unified Code of Corrections is amended by
21changing Sections 5-8-1, 5-8-4, 5-8A-4, and 5-8A-4.1 and by
22adding Section 5-8A-4.15 as follows:
 
23    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)

 

 

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1    Sec. 5-8-1. Natural life imprisonment; enhancements for
2use of a firearm; mandatory supervised release terms.
3    (a) Except as otherwise provided in the statute defining
4the offense or in Article 4.5 of Chapter V, a sentence of
5imprisonment for a felony shall be a determinate sentence set
6by the court under this Section, subject to Section 5-4.5-115
7of this Code, according to the following limitations:
8        (1) for first degree murder,
9            (a) (blank),
10            (b) if a trier of fact finds beyond a reasonable
11        doubt that the murder was accompanied by exceptionally
12        brutal or heinous behavior indicative of wanton
13        cruelty or, except as set forth in subsection
14        (a)(1)(c) of this Section, that any of the aggravating
15        factors listed in subsection (b) or (b-5) of Section
16        9-1 of the Criminal Code of 1961 or the Criminal Code
17        of 2012 are present, the court may sentence the
18        defendant, subject to Section 5-4.5-105, to a term of
19        natural life imprisonment, or
20            (c) the court shall sentence the defendant to a
21        term of natural life imprisonment if the defendant, at
22        the time of the commission of the murder, had attained
23        the age of 18, and:
24                (i) has previously been convicted of first
25            degree murder under any state or federal law, or
26                (ii) is found guilty of murdering more than

 

 

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1            one victim, or
2                (iii) is found guilty of murdering a peace
3            officer, fireman, or emergency management worker
4            when the peace officer, fireman, or emergency
5            management worker was killed in the course of
6            performing his official duties, or to prevent the
7            peace officer or fireman from performing his
8            official duties, or in retaliation for the peace
9            officer, fireman, or emergency management worker
10            from performing his official duties, and the
11            defendant knew or should have known that the
12            murdered individual was a peace officer, fireman,
13            or emergency management worker, or
14                (iv) is found guilty of murdering an employee
15            of an institution or facility of the Department of
16            Corrections, or any similar local correctional
17            agency, when the employee was killed in the course
18            of performing his official duties, or to prevent
19            the employee from performing his official duties,
20            or in retaliation for the employee performing his
21            official duties, or
22                (v) is found guilty of murdering an emergency
23            medical technician - ambulance, emergency medical
24            technician - intermediate, emergency medical
25            technician - paramedic, ambulance driver or other
26            medical assistance or first aid person while

 

 

HB1095 Enrolled- 284 -LRB102 03109 RLC 13122 b

1            employed by a municipality or other governmental
2            unit when the person was killed in the course of
3            performing official duties or to prevent the
4            person from performing official duties or in
5            retaliation for performing official duties and the
6            defendant knew or should have known that the
7            murdered individual was an emergency medical
8            technician - ambulance, emergency medical
9            technician - intermediate, emergency medical
10            technician - paramedic, ambulance driver, or other
11            medical assistant or first aid personnel, or
12                (vi) (blank), or
13                (vii) is found guilty of first degree murder
14            and the murder was committed by reason of any
15            person's activity as a community policing
16            volunteer or to prevent any person from engaging
17            in activity as a community policing volunteer. For
18            the purpose of this Section, "community policing
19            volunteer" has the meaning ascribed to it in
20            Section 2-3.5 of the Criminal Code of 2012.
21            For purposes of clause (v), "emergency medical
22        technician - ambulance", "emergency medical technician -
23         intermediate", "emergency medical technician -
24        paramedic", have the meanings ascribed to them in the
25        Emergency Medical Services (EMS) Systems Act.
26            (d)(i) if the person committed the offense while

 

 

HB1095 Enrolled- 285 -LRB102 03109 RLC 13122 b

1            armed with a firearm, 15 years shall be added to
2            the term of imprisonment imposed by the court;
3            (ii) if, during the commission of the offense, the
4        person personally discharged a firearm, 20 years shall
5        be added to the term of imprisonment imposed by the
6        court;
7            (iii) if, during the commission of the offense,
8        the person personally discharged a firearm that
9        proximately caused great bodily harm, permanent
10        disability, permanent disfigurement, or death to
11        another person, 25 years or up to a term of natural
12        life shall be added to the term of imprisonment
13        imposed by the court.
14        (2) (blank);
15        (2.5) for a person who has attained the age of 18 years
16    at the time of the commission of the offense and who is
17    convicted under the circumstances described in subdivision
18    (b)(1)(B) of Section 11-1.20 or paragraph (3) of
19    subsection (b) of Section 12-13, subdivision (d)(2) of
20    Section 11-1.30 or paragraph (2) of subsection (d) of
21    Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
22    paragraph (1.2) of subsection (b) of Section 12-14.1,
23    subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
24    subsection (b) of Section 12-14.1 of the Criminal Code of
25    1961 or the Criminal Code of 2012, the sentence shall be a
26    term of natural life imprisonment.

 

 

HB1095 Enrolled- 286 -LRB102 03109 RLC 13122 b

1    (b) (Blank).
2    (c) (Blank).
3    (d) Subject to earlier termination under Section 3-3-8,
4the parole or mandatory supervised release term shall be
5written as part of the sentencing order and shall be as
6follows:
7        (1) for first degree murder or for the offenses of
8    predatory criminal sexual assault of a child, aggravated
9    criminal sexual assault, and criminal sexual assault if
10    committed on or before December 12, 2005, 3 years;
11        (1.5) except as provided in paragraph (7) of this
12    subsection (d), for a Class X felony except for the
13    offenses of predatory criminal sexual assault of a child,
14    aggravated criminal sexual assault, and criminal sexual
15    assault if committed on or after December 13, 2005 (the
16    effective date of Public Act 94-715) and except for the
17    offense of aggravated child pornography under Section
18    11-20.1B, 11-20.3, or 11-20.1 with sentencing under
19    subsection (c-5) of Section 11-20.1 of the Criminal Code
20    of 1961 or the Criminal Code of 2012, if committed on or
21    after January 1, 2009, 18 months;
22        (2) except as provided in paragraph (7) of this
23    subsection (d), for a Class 1 felony or a Class 2 felony
24    except for the offense of criminal sexual assault if
25    committed on or after December 13, 2005 (the effective
26    date of Public Act 94-715) and except for the offenses of

 

 

HB1095 Enrolled- 287 -LRB102 03109 RLC 13122 b

1    manufacture and dissemination of child pornography under
2    clauses (a)(1) and (a)(2) of Section 11-20.1 of the
3    Criminal Code of 1961 or the Criminal Code of 2012, if
4    committed on or after January 1, 2009, 12 months;
5        (3) except as provided in paragraph (4), (6), or (7)
6    of this subsection (d), a mandatory supervised release
7    term shall not be imposed for a Class 3 felony or a Class 4
8    felony, 6 months; no later than 45 days after the onset of
9    the term of mandatory supervised release, the Prisoner
10    Review Board shall conduct a discretionary discharge
11    review pursuant to the provisions of Section 3-3-8, which
12    shall include the results of a standardized risk and needs
13    assessment tool administered by the Department of
14    Corrections; the changes to this paragraph (3) made by
15    this amendatory Act of the 102nd General Assembly apply to
16    all individuals released on mandatory supervised release
17    on or after the effective date of this amendatory Act of
18    the 102nd General Assembly, including those individuals
19    whose sentences were imposed prior to the effective date
20    of this amendatory Act of the 102nd General Assembly; ;
21    unless:
22            (A) the Prisoner Review Board, based on a
23        validated risk and needs assessment, determines it is
24        necessary for an offender to serve a mandatory
25        supervised release term;
26            (B) if the Prisoner Review Board determines a

 

 

HB1095 Enrolled- 288 -LRB102 03109 RLC 13122 b

1        mandatory supervised release term is necessary
2        pursuant to subparagraph (A) of this paragraph (3),
3        the Prisoner Review Board shall specify the maximum
4        number of months of mandatory supervised release the
5        offender may serve, limited to a term of: (i) 12 months
6        for a Class 3 felony; and (ii) 12 months for a Class 4
7        felony;
8        (4) for defendants who commit the offense of predatory
9    criminal sexual assault of a child, aggravated criminal
10    sexual assault, or criminal sexual assault, on or after
11    December 13, 2005 (the effective date of Public Act
12    94-715), or who commit the offense of aggravated child
13    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
14    with sentencing under subsection (c-5) of Section 11-20.1
15    of the Criminal Code of 1961 or the Criminal Code of 2012,
16    manufacture of child pornography, or dissemination of
17    child pornography after January 1, 2009, the term of
18    mandatory supervised release shall range from a minimum of
19    3 years to a maximum of the natural life of the defendant;
20        (5) if the victim is under 18 years of age, for a
21    second or subsequent offense of aggravated criminal sexual
22    abuse or felony criminal sexual abuse, 4 years, at least
23    the first 2 years of which the defendant shall serve in an
24    electronic monitoring or home detention program under
25    Article 8A of Chapter V of this Code;
26        (6) for a felony domestic battery, aggravated domestic

 

 

HB1095 Enrolled- 289 -LRB102 03109 RLC 13122 b

1    battery, stalking, aggravated stalking, and a felony
2    violation of an order of protection, 4 years;
3        (7) for any felony described in paragraph (a)(2)(ii),
4    (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
5    (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
6    3-6-3 of the Unified Code of Corrections requiring an
7    inmate to serve a minimum of 85% of their court-imposed
8    sentence, except for the offenses of predatory criminal
9    sexual assault of a child, aggravated criminal sexual
10    assault, and criminal sexual assault if committed on or
11    after December 13, 2005 (the effective date of Public Act
12    94-715) and except for the offense of aggravated child
13    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
14    with sentencing under subsection (c-5) of Section 11-20.1
15    of the Criminal Code of 1961 or the Criminal Code of 2012,
16    if committed on or after January 1, 2009 and except as
17    provided in paragraph (4) or paragraph (6) of this
18    subsection (d), the term of mandatory supervised release
19    shall be as follows:
20            (A) Class X felony, 3 years;
21            (B) Class 1 or Class 2 felonies, 2 years;
22            (C) Class 3 or Class 4 felonies, 1 year.
23    (e) (Blank).
24    (f) (Blank).
25    (g) Notwithstanding any other provisions of this Act and
26of Public Act 101-652: (i) the provisions of paragraph (3) of

 

 

HB1095 Enrolled- 290 -LRB102 03109 RLC 13122 b

1subsection (d) are effective on July 1, 2022 and shall apply to
2all individuals convicted on or after the effective date of
3paragraph (3) of subsection (d); and (ii) the provisions of
4paragraphs (1.5) and (2) of subsection (d) are effective on
5July 1, 2021 and shall apply to all individuals convicted on or
6after the effective date of paragraphs (1.5) and (2) of
7subsection (d).
8(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
9102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
101-7-22.)
 
11    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
12    (Text of Section before amendment by P.A. 102-982)
13    Sec. 5-8-4. Concurrent and consecutive terms of
14imprisonment.
15    (a) Concurrent terms; multiple or additional sentences.
16When an Illinois court (i) imposes multiple sentences of
17imprisonment on a defendant at the same time or (ii) imposes a
18sentence of imprisonment on a defendant who is already subject
19to a sentence of imprisonment imposed by an Illinois court, a
20court of another state, or a federal court, then the sentences
21shall run concurrently unless otherwise determined by the
22Illinois court under this Section.
23    (b) Concurrent terms; misdemeanor and felony. A defendant
24serving a sentence for a misdemeanor who is convicted of a
25felony and sentenced to imprisonment shall be transferred to

 

 

HB1095 Enrolled- 291 -LRB102 03109 RLC 13122 b

1the Department of Corrections, and the misdemeanor sentence
2shall be merged in and run concurrently with the felony
3sentence.
4    (c) Consecutive terms; permissive. The court may impose
5consecutive sentences in any of the following circumstances:
6        (1) If, having regard to the nature and circumstances
7    of the offense and the history and character of the
8    defendant, it is the opinion of the court that consecutive
9    sentences are required to protect the public from further
10    criminal conduct by the defendant, the basis for which the
11    court shall set forth in the record.
12        (2) If one of the offenses for which a defendant was
13    convicted was a violation of Section 32-5.2 (aggravated
14    false personation of a peace officer) of the Criminal Code
15    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
16    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
17    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
18    offense was committed in attempting or committing a
19    forcible felony.
20        (3) If a person charged with a felony commits a
21    separate felony while on pretrial release or in pretrial
22    detention in a county jail facility or county detention
23    facility, then the sentences imposed upon conviction of
24    these felonies may be served consecutively regardless of
25    the order in which the judgments of conviction are
26    entered.

 

 

HB1095 Enrolled- 292 -LRB102 03109 RLC 13122 b

1        (4) If a person commits a battery against a county
2    correctional officer or sheriff's employee while serving a
3    sentence or in pretrial detention in a county jail
4    facility, then the sentence imposed upon conviction of the
5    battery may be served consecutively with the sentence
6    imposed upon conviction of the earlier misdemeanor or
7    felony, regardless of the order in which the judgments of
8    conviction are entered.
9        (5) If a person admitted to pretrial release following
10    conviction of a felony commits a separate felony while
11    released pretrial or if a person detained in a county jail
12    facility or county detention facility following conviction
13    of a felony commits a separate felony while in detention,
14    then any sentence following conviction of the separate
15    felony may be consecutive to that of the original sentence
16    for which the defendant was released pretrial or detained.
17        (6) If a person is found to be in possession of an item
18    of contraband, as defined in Section 31A-0.1 of the
19    Criminal Code of 2012, while serving a sentence in a
20    county jail or while in pretrial detention in a county
21    jail, the sentence imposed upon conviction for the offense
22    of possessing contraband in a penal institution may be
23    served consecutively to the sentence imposed for the
24    offense for which the person is serving a sentence in the
25    county jail or while in pretrial detention, regardless of
26    the order in which the judgments of conviction are

 

 

HB1095 Enrolled- 293 -LRB102 03109 RLC 13122 b

1    entered.
2        (7) If a person is sentenced for a violation of a
3    condition of pretrial release under Section 32-10 of the
4    Criminal Code of 1961 or the Criminal Code of 2012, any
5    sentence imposed for that violation may be served
6    consecutive to the sentence imposed for the charge for
7    which pretrial release had been granted and with respect
8    to which the defendant has been convicted.
9    (d) Consecutive terms; mandatory. The court shall impose
10consecutive sentences in each of the following circumstances:
11        (1) One of the offenses for which the defendant was
12    convicted was first degree murder or a Class X or Class 1
13    felony and the defendant inflicted severe bodily injury.
14        (2) The defendant was convicted of a violation of
15    Section 11-1.20 or 12-13 (criminal sexual assault),
16    11-1.30 or 12-14 (aggravated criminal sexual assault), or
17    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
18    child) of the Criminal Code of 1961 or the Criminal Code of
19    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
20    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
21    5/12-14.1).
22        (2.5) The defendant was convicted of a violation of
23    paragraph (1), (2), (3), (4), (5), or (7) of subsection
24    (a) of Section 11-20.1 (child pornography) or of paragraph
25    (1), (2), (3), (4), (5), or (7) of subsection (a) of
26    Section 11-20.1B or 11-20.3 (aggravated child pornography)

 

 

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1    of the Criminal Code of 1961 or the Criminal Code of 2012;
2    or the defendant was convicted of a violation of paragraph
3    (6) of subsection (a) of Section 11-20.1 (child
4    pornography) or of paragraph (6) of subsection (a) of
5    Section 11-20.1B or 11-20.3 (aggravated child pornography)
6    of the Criminal Code of 1961 or the Criminal Code of 2012,
7    when the child depicted is under the age of 13.
8        (3) The defendant was convicted of armed violence
9    based upon the predicate offense of any of the following:
10    solicitation of murder, solicitation of murder for hire,
11    heinous battery as described in Section 12-4.1 or
12    subdivision (a)(2) of Section 12-3.05, aggravated battery
13    of a senior citizen as described in Section 12-4.6 or
14    subdivision (a)(4) of Section 12-3.05, criminal sexual
15    assault, a violation of subsection (g) of Section 5 of the
16    Cannabis Control Act (720 ILCS 550/5), cannabis
17    trafficking, a violation of subsection (a) of Section 401
18    of the Illinois Controlled Substances Act (720 ILCS
19    570/401), controlled substance trafficking involving a
20    Class X felony amount of controlled substance under
21    Section 401 of the Illinois Controlled Substances Act (720
22    ILCS 570/401), a violation of the Methamphetamine Control
23    and Community Protection Act (720 ILCS 646/), calculated
24    criminal drug conspiracy, or streetgang criminal drug
25    conspiracy.
26        (4) The defendant was convicted of the offense of

 

 

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1    leaving the scene of a motor vehicle accident involving
2    death or personal injuries under Section 11-401 of the
3    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
4    aggravated driving under the influence of alcohol, other
5    drug or drugs, or intoxicating compound or compounds, or
6    any combination thereof under Section 11-501 of the
7    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
8    homicide under Section 9-3 of the Criminal Code of 1961 or
9    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
10    offense described in item (A) and an offense described in
11    item (B).
12        (5) The defendant was convicted of a violation of
13    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
14    death) or Section 12-20.5 (dismembering a human body) of
15    the Criminal Code of 1961 or the Criminal Code of 2012 (720
16    ILCS 5/9-3.1 or 5/12-20.5).
17        (5.5) The defendant was convicted of a violation of
18    Section 24-3.7 (use of a stolen firearm in the commission
19    of an offense) of the Criminal Code of 1961 or the Criminal
20    Code of 2012.
21        (6) If the defendant was in the custody of the
22    Department of Corrections at the time of the commission of
23    the offense, the sentence shall be served consecutive to
24    the sentence under which the defendant is held by the
25    Department of Corrections. If, however, the defendant is
26    sentenced to punishment by death, the sentence shall be

 

 

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1    executed at such time as the court may fix without regard
2    to the sentence under which the defendant may be held by
3    the Department.
4        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
5    for escape or attempted escape shall be served consecutive
6    to the terms under which the offender is held by the
7    Department of Corrections.
8        (8) (Blank). If a person charged with a felony commits
9    a separate felony while on pretrial release or in pretrial
10    detention in a county jail facility or county detention
11    facility, then the sentences imposed upon conviction of
12    these felonies shall be served consecutively regardless of
13    the order in which the judgments of conviction are
14    entered.
15        (8.5) (Blank). If a person commits a battery against a
16    county correctional officer or sheriff's employee while
17    serving a sentence or in pretrial detention in a county
18    jail facility, then the sentence imposed upon conviction
19    of the battery shall be served consecutively with the
20    sentence imposed upon conviction of the earlier
21    misdemeanor or felony, regardless of the order in which
22    the judgments of conviction are entered.
23        (9) (Blank). If a person admitted to bail following
24    conviction of a felony commits a separate felony while
25    free on bond or if a person detained in a county jail
26    facility or county detention facility following conviction

 

 

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1    of a felony commits a separate felony while in detention,
2    then any sentence following conviction of the separate
3    felony shall be consecutive to that of the original
4    sentence for which the defendant was on bond or detained.
5        (10) (Blank). If a person is found to be in possession
6    of an item of contraband, as defined in Section 31A-0.1 of
7    the Criminal Code of 2012, while serving a sentence in a
8    county jail or while in pre-trial detention in a county
9    jail, the sentence imposed upon conviction for the offense
10    of possessing contraband in a penal institution shall be
11    served consecutively to the sentence imposed for the
12    offense in which the person is serving sentence in the
13    county jail or serving pretrial detention, regardless of
14    the order in which the judgments of conviction are
15    entered.
16        (11) (Blank). If a person is sentenced for a violation
17    of bail bond under Section 32-10 of the Criminal Code of
18    1961 or the Criminal Code of 2012, any sentence imposed
19    for that violation shall be served consecutive to the
20    sentence imposed for the charge for which bail had been
21    granted and with respect to which the defendant has been
22    convicted.
23    (e) Consecutive terms; subsequent non-Illinois term. If an
24Illinois court has imposed a sentence of imprisonment on a
25defendant and the defendant is subsequently sentenced to a
26term of imprisonment by a court of another state or a federal

 

 

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1court, then the Illinois sentence shall run consecutively to
2the sentence imposed by the court of the other state or the
3federal court. That same Illinois court, however, may order
4that the Illinois sentence run concurrently with the sentence
5imposed by the court of the other state or the federal court,
6but only if the defendant applies to that same Illinois court
7within 30 days after the sentence imposed by the court of the
8other state or the federal court is finalized.
9    (f) Consecutive terms; aggregate maximums and minimums.
10The aggregate maximum and aggregate minimum of consecutive
11sentences shall be determined as follows:
12        (1) For sentences imposed under law in effect prior to
13    February 1, 1978, the aggregate maximum of consecutive
14    sentences shall not exceed the maximum term authorized
15    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
16    Chapter V for the 2 most serious felonies involved. The
17    aggregate minimum period of consecutive sentences shall
18    not exceed the highest minimum term authorized under
19    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
20    V for the 2 most serious felonies involved. When sentenced
21    only for misdemeanors, a defendant shall not be
22    consecutively sentenced to more than the maximum for one
23    Class A misdemeanor.
24        (2) For sentences imposed under the law in effect on
25    or after February 1, 1978, the aggregate of consecutive
26    sentences for offenses that were committed as part of a

 

 

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1    single course of conduct during which there was no
2    substantial change in the nature of the criminal objective
3    shall not exceed the sum of the maximum terms authorized
4    under Article 4.5 of Chapter V for the 2 most serious
5    felonies involved, but no such limitation shall apply for
6    offenses that were not committed as part of a single
7    course of conduct during which there was no substantial
8    change in the nature of the criminal objective. When
9    sentenced only for misdemeanors, a defendant shall not be
10    consecutively sentenced to more than the maximum for one
11    Class A misdemeanor.
12    (g) Consecutive terms; manner served. In determining the
13manner in which consecutive sentences of imprisonment, one or
14more of which is for a felony, will be served, the Department
15of Corrections shall treat the defendant as though he or she
16had been committed for a single term subject to each of the
17following:
18        (1) The maximum period of a term of imprisonment shall
19    consist of the aggregate of the maximums of the imposed
20    indeterminate terms, if any, plus the aggregate of the
21    imposed determinate sentences for felonies, plus the
22    aggregate of the imposed determinate sentences for
23    misdemeanors, subject to subsection (f) of this Section.
24        (2) The parole or mandatory supervised release term
25    shall be as provided in paragraph (e) of Section 5-4.5-50
26    (730 ILCS 5/5-4.5-50) for the most serious of the offenses

 

 

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1    involved.
2        (3) The minimum period of imprisonment shall be the
3    aggregate of the minimum and determinate periods of
4    imprisonment imposed by the court, subject to subsection
5    (f) of this Section.
6        (4) The defendant shall be awarded credit against the
7    aggregate maximum term and the aggregate minimum term of
8    imprisonment for all time served in an institution since
9    the commission of the offense or offenses and as a
10    consequence thereof at the rate specified in Section 3-6-3
11    (730 ILCS 5/3-6-3).
12    (h) Notwithstanding any other provisions of this Section,
13all sentences imposed by an Illinois court under this Code
14shall run concurrent to any and all sentences imposed under
15the Juvenile Court Act of 1987.
16(Source: P.A. 102-350, eff. 8-13-21.)
 
17    (Text of Section after amendment by P.A. 102-982)
18    Sec. 5-8-4. Concurrent and consecutive terms of
19imprisonment.
20    (a) Concurrent terms; multiple or additional sentences.
21When an Illinois court (i) imposes multiple sentences of
22imprisonment on a defendant at the same time or (ii) imposes a
23sentence of imprisonment on a defendant who is already subject
24to a sentence of imprisonment imposed by an Illinois court, a
25court of another state, or a federal court, then the sentences

 

 

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1shall run concurrently unless otherwise determined by the
2Illinois court under this Section.
3    (b) Concurrent terms; misdemeanor and felony. A defendant
4serving a sentence for a misdemeanor who is convicted of a
5felony and sentenced to imprisonment shall be transferred to
6the Department of Corrections, and the misdemeanor sentence
7shall be merged in and run concurrently with the felony
8sentence.
9    (c) Consecutive terms; permissive. The court may impose
10consecutive sentences in any of the following circumstances:
11        (1) If, having regard to the nature and circumstances
12    of the offense and the history and character of the
13    defendant, it is the opinion of the court that consecutive
14    sentences are required to protect the public from further
15    criminal conduct by the defendant, the basis for which the
16    court shall set forth in the record.
17        (2) If one of the offenses for which a defendant was
18    convicted was a violation of Section 32-5.2 (aggravated
19    false personation of a peace officer) of the Criminal Code
20    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
21    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
22    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
23    offense was committed in attempting or committing a
24    forcible felony.
25        (3) If a person charged with a felony commits a
26    separate felony while on pretrial release or in pretrial

 

 

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1    detention in a county jail facility or county detention
2    facility, then the sentences imposed upon conviction of
3    these felonies may be served consecutively regardless of
4    the order in which the judgments of conviction are
5    entered.
6        (4) If a person commits a battery against a county
7    correctional officer or sheriff's employee while serving a
8    sentence or in pretrial detention in a county jail
9    facility, then the sentence imposed upon conviction of the
10    battery may be served consecutively with the sentence
11    imposed upon conviction of the earlier misdemeanor or
12    felony, regardless of the order in which the judgments of
13    conviction are entered.
14        (5) If a person admitted to pretrial release following
15    conviction of a felony commits a separate felony while
16    released pretrial or if a person detained in a county jail
17    facility or county detention facility following conviction
18    of a felony commits a separate felony while in detention,
19    then any sentence following conviction of the separate
20    felony may be consecutive to that of the original sentence
21    for which the defendant was released pretrial or detained.
22        (6) If a person is found to be in possession of an item
23    of contraband, as defined in Section 31A-0.1 of the
24    Criminal Code of 2012, while serving a sentence in a
25    county jail or while in pretrial detention in a county
26    jail, the sentence imposed upon conviction for the offense

 

 

HB1095 Enrolled- 303 -LRB102 03109 RLC 13122 b

1    of possessing contraband in a penal institution may be
2    served consecutively to the sentence imposed for the
3    offense for which the person is serving a sentence in the
4    county jail or while in pretrial detention, regardless of
5    the order in which the judgments of conviction are
6    entered.
7        (7) If a person is sentenced for a violation of a
8    condition of pretrial release under Section 32-10 of the
9    Criminal Code of 1961 or the Criminal Code of 2012, any
10    sentence imposed for that violation may be served
11    consecutive to the sentence imposed for the charge for
12    which pretrial release had been granted and with respect
13    to which the defendant has been convicted.
14    (d) Consecutive terms; mandatory. The court shall impose
15consecutive sentences in each of the following circumstances:
16        (1) One of the offenses for which the defendant was
17    convicted was first degree murder or a Class X or Class 1
18    felony and the defendant inflicted severe bodily injury.
19        (2) The defendant was convicted of a violation of
20    Section 11-1.20 or 12-13 (criminal sexual assault),
21    11-1.30 or 12-14 (aggravated criminal sexual assault), or
22    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
23    child) of the Criminal Code of 1961 or the Criminal Code of
24    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
25    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
26    5/12-14.1).

 

 

HB1095 Enrolled- 304 -LRB102 03109 RLC 13122 b

1        (2.5) The defendant was convicted of a violation of
2    paragraph (1), (2), (3), (4), (5), or (7) of subsection
3    (a) of Section 11-20.1 (child pornography) or of paragraph
4    (1), (2), (3), (4), (5), or (7) of subsection (a) of
5    Section 11-20.1B or 11-20.3 (aggravated child pornography)
6    of the Criminal Code of 1961 or the Criminal Code of 2012;
7    or the defendant was convicted of a violation of paragraph
8    (6) of subsection (a) of Section 11-20.1 (child
9    pornography) or of paragraph (6) of subsection (a) of
10    Section 11-20.1B or 11-20.3 (aggravated child pornography)
11    of the Criminal Code of 1961 or the Criminal Code of 2012,
12    when the child depicted is under the age of 13.
13        (3) The defendant was convicted of armed violence
14    based upon the predicate offense of any of the following:
15    solicitation of murder, solicitation of murder for hire,
16    heinous battery as described in Section 12-4.1 or
17    subdivision (a)(2) of Section 12-3.05, aggravated battery
18    of a senior citizen as described in Section 12-4.6 or
19    subdivision (a)(4) of Section 12-3.05, criminal sexual
20    assault, a violation of subsection (g) of Section 5 of the
21    Cannabis Control Act (720 ILCS 550/5), cannabis
22    trafficking, a violation of subsection (a) of Section 401
23    of the Illinois Controlled Substances Act (720 ILCS
24    570/401), controlled substance trafficking involving a
25    Class X felony amount of controlled substance under
26    Section 401 of the Illinois Controlled Substances Act (720

 

 

HB1095 Enrolled- 305 -LRB102 03109 RLC 13122 b

1    ILCS 570/401), a violation of the Methamphetamine Control
2    and Community Protection Act (720 ILCS 646/), calculated
3    criminal drug conspiracy, or streetgang criminal drug
4    conspiracy.
5        (4) The defendant was convicted of the offense of
6    leaving the scene of a motor vehicle crash involving death
7    or personal injuries under Section 11-401 of the Illinois
8    Vehicle Code (625 ILCS 5/11-401) and either: (A)
9    aggravated driving under the influence of alcohol, other
10    drug or drugs, or intoxicating compound or compounds, or
11    any combination thereof under Section 11-501 of the
12    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
13    homicide under Section 9-3 of the Criminal Code of 1961 or
14    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
15    offense described in item (A) and an offense described in
16    item (B).
17        (5) The defendant was convicted of a violation of
18    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
19    death) or Section 12-20.5 (dismembering a human body) of
20    the Criminal Code of 1961 or the Criminal Code of 2012 (720
21    ILCS 5/9-3.1 or 5/12-20.5).
22        (5.5) The defendant was convicted of a violation of
23    Section 24-3.7 (use of a stolen firearm in the commission
24    of an offense) of the Criminal Code of 1961 or the Criminal
25    Code of 2012.
26        (6) If the defendant was in the custody of the

 

 

HB1095 Enrolled- 306 -LRB102 03109 RLC 13122 b

1    Department of Corrections at the time of the commission of
2    the offense, the sentence shall be served consecutive to
3    the sentence under which the defendant is held by the
4    Department of Corrections. If, however, the defendant is
5    sentenced to punishment by death, the sentence shall be
6    executed at such time as the court may fix without regard
7    to the sentence under which the defendant may be held by
8    the Department.
9        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
10    for escape or attempted escape shall be served consecutive
11    to the terms under which the offender is held by the
12    Department of Corrections.
13        (8) (Blank). If a person charged with a felony commits
14    a separate felony while on pretrial release or in pretrial
15    detention in a county jail facility or county detention
16    facility, then the sentences imposed upon conviction of
17    these felonies shall be served consecutively regardless of
18    the order in which the judgments of conviction are
19    entered.
20        (8.5) (Blank). If a person commits a battery against a
21    county correctional officer or sheriff's employee while
22    serving a sentence or in pretrial detention in a county
23    jail facility, then the sentence imposed upon conviction
24    of the battery shall be served consecutively with the
25    sentence imposed upon conviction of the earlier
26    misdemeanor or felony, regardless of the order in which

 

 

HB1095 Enrolled- 307 -LRB102 03109 RLC 13122 b

1    the judgments of conviction are entered.
2        (9) (Blank). If a person admitted to bail following
3    conviction of a felony commits a separate felony while
4    free on bond or if a person detained in a county jail
5    facility or county detention facility following conviction
6    of a felony commits a separate felony while in detention,
7    then any sentence following conviction of the separate
8    felony shall be consecutive to that of the original
9    sentence for which the defendant was on bond or detained.
10        (10) (Blank). If a person is found to be in possession
11    of an item of contraband, as defined in Section 31A-0.1 of
12    the Criminal Code of 2012, while serving a sentence in a
13    county jail or while in pre-trial detention in a county
14    jail, the sentence imposed upon conviction for the offense
15    of possessing contraband in a penal institution shall be
16    served consecutively to the sentence imposed for the
17    offense in which the person is serving sentence in the
18    county jail or serving pretrial detention, regardless of
19    the order in which the judgments of conviction are
20    entered.
21        (11) (Blank). If a person is sentenced for a violation
22    of bail bond under Section 32-10 of the Criminal Code of
23    1961 or the Criminal Code of 2012, any sentence imposed
24    for that violation shall be served consecutive to the
25    sentence imposed for the charge for which bail had been
26    granted and with respect to which the defendant has been

 

 

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1    convicted.
2    (e) Consecutive terms; subsequent non-Illinois term. If an
3Illinois court has imposed a sentence of imprisonment on a
4defendant and the defendant is subsequently sentenced to a
5term of imprisonment by a court of another state or a federal
6court, then the Illinois sentence shall run consecutively to
7the sentence imposed by the court of the other state or the
8federal court. That same Illinois court, however, may order
9that the Illinois sentence run concurrently with the sentence
10imposed by the court of the other state or the federal court,
11but only if the defendant applies to that same Illinois court
12within 30 days after the sentence imposed by the court of the
13other state or the federal court is finalized.
14    (f) Consecutive terms; aggregate maximums and minimums.
15The aggregate maximum and aggregate minimum of consecutive
16sentences shall be determined as follows:
17        (1) For sentences imposed under law in effect prior to
18    February 1, 1978, the aggregate maximum of consecutive
19    sentences shall not exceed the maximum term authorized
20    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
21    Chapter V for the 2 most serious felonies involved. The
22    aggregate minimum period of consecutive sentences shall
23    not exceed the highest minimum term authorized under
24    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
25    V for the 2 most serious felonies involved. When sentenced
26    only for misdemeanors, a defendant shall not be

 

 

HB1095 Enrolled- 309 -LRB102 03109 RLC 13122 b

1    consecutively sentenced to more than the maximum for one
2    Class A misdemeanor.
3        (2) For sentences imposed under the law in effect on
4    or after February 1, 1978, the aggregate of consecutive
5    sentences for offenses that were committed as part of a
6    single course of conduct during which there was no
7    substantial change in the nature of the criminal objective
8    shall not exceed the sum of the maximum terms authorized
9    under Article 4.5 of Chapter V for the 2 most serious
10    felonies involved, but no such limitation shall apply for
11    offenses that were not committed as part of a single
12    course of conduct during which there was no substantial
13    change in the nature of the criminal objective. When
14    sentenced only for misdemeanors, a defendant shall not be
15    consecutively sentenced to more than the maximum for one
16    Class A misdemeanor.
17    (g) Consecutive terms; manner served. In determining the
18manner in which consecutive sentences of imprisonment, one or
19more of which is for a felony, will be served, the Department
20of Corrections shall treat the defendant as though he or she
21had been committed for a single term subject to each of the
22following:
23        (1) The maximum period of a term of imprisonment shall
24    consist of the aggregate of the maximums of the imposed
25    indeterminate terms, if any, plus the aggregate of the
26    imposed determinate sentences for felonies, plus the

 

 

HB1095 Enrolled- 310 -LRB102 03109 RLC 13122 b

1    aggregate of the imposed determinate sentences for
2    misdemeanors, subject to subsection (f) of this Section.
3        (2) The parole or mandatory supervised release term
4    shall be as provided in paragraph (e) of Section 5-4.5-50
5    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
6    involved.
7        (3) The minimum period of imprisonment shall be the
8    aggregate of the minimum and determinate periods of
9    imprisonment imposed by the court, subject to subsection
10    (f) of this Section.
11        (4) The defendant shall be awarded credit against the
12    aggregate maximum term and the aggregate minimum term of
13    imprisonment for all time served in an institution since
14    the commission of the offense or offenses and as a
15    consequence thereof at the rate specified in Section 3-6-3
16    (730 ILCS 5/3-6-3).
17    (h) Notwithstanding any other provisions of this Section,
18all sentences imposed by an Illinois court under this Code
19shall run concurrent to any and all sentences imposed under
20the Juvenile Court Act of 1987.
21(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23.)
 
22    (730 ILCS 5/5-8A-4)  (from Ch. 38, par. 1005-8A-4)
23    Sec. 5-8A-4. Program description. The supervising
24authority may promulgate rules that prescribe reasonable
25guidelines under which an electronic monitoring and home

 

 

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1detention program shall operate. When using electronic
2monitoring for home detention these rules may include, but not
3be limited to, the following:
4        (A) The participant may be instructed to remain within
5    the interior premises or within the property boundaries of
6    his or her residence at all times during the hours
7    designated by the supervising authority. Such instances of
8    approved absences from the home shall include, but are not
9    limited to, the following:
10            (1) working or employment approved by the court or
11        traveling to or from approved employment;
12            (2) unemployed and seeking employment approved for
13        the participant by the court;
14            (3) undergoing medical, psychiatric, mental health
15        treatment, counseling, or other treatment programs
16        approved for the participant by the court;
17            (4) attending an educational institution or a
18        program approved for the participant by the court;
19            (5) attending a regularly scheduled religious
20        service at a place of worship;
21            (6) participating in community work release or
22        community service programs approved for the
23        participant by the supervising authority;
24            (7) for another compelling reason consistent with
25        the public interest, as approved by the supervising
26        authority; or

 

 

HB1095 Enrolled- 312 -LRB102 03109 RLC 13122 b

1            (8) purchasing groceries, food, or other basic
2        necessities.
3        (A-1) At a minimum, any person ordered to pretrial
4    home confinement with or without electronic monitoring
5    must be provided with movement spread out over no fewer
6    than two days per week, to participate in basic activities
7    such as those listed in paragraph (A). In this subdivision
8    (A-1), "days" means a reasonable time period during a
9    calendar day, as outlined by the court in the order
10    placing the person on home confinement.
11        (B) The participant shall admit any person or agent
12    designated by the supervising authority into his or her
13    residence at any time for purposes of verifying the
14    participant's compliance with the conditions of his or her
15    detention.
16        (C) The participant shall make the necessary
17    arrangements to allow for any person or agent designated
18    by the supervising authority to visit the participant's
19    place of education or employment at any time, based upon
20    the approval of the educational institution employer or
21    both, for the purpose of verifying the participant's
22    compliance with the conditions of his or her detention.
23        (D) The participant shall acknowledge and participate
24    with the approved electronic monitoring device as
25    designated by the supervising authority at any time for
26    the purpose of verifying the participant's compliance with

 

 

HB1095 Enrolled- 313 -LRB102 03109 RLC 13122 b

1    the conditions of his or her detention.
2        (E) The participant shall maintain the following:
3            (1) access to a working telephone;
4            (2) a monitoring device in the participant's home,
5        or on the participant's person, or both; and
6            (3) a monitoring device in the participant's home
7        and on the participant's person in the absence of a
8        telephone.
9        (F) The participant shall obtain approval from the
10    supervising authority before the participant changes
11    residence or the schedule described in subsection (A) of
12    this Section. Such approval shall not be unreasonably
13    withheld.
14        (G) The participant shall not commit another crime
15    during the period of home detention ordered by the Court.
16        (H) Notice to the participant that violation of the
17    order for home detention may subject the participant to
18    prosecution for the crime of escape as described in
19    Section 5-8A-4.1.
20        (I) The participant shall abide by other conditions as
21    set by the supervising authority.
22        (J) This Section takes effect January 1, 2022.
23(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
24102-687, eff. 12-17-21.)
 
25    (730 ILCS 5/5-8A-4.1)

 

 

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1    Sec. 5-8A-4.1. Escape; failure to comply with a condition
2of the electronic monitoring or home detention program.
3    (a) A person charged with or convicted of a felony, or
4charged with or adjudicated delinquent for an act which, if
5committed by an adult, would constitute a felony,
6conditionally released from the supervising authority through
7an electronic monitoring or home detention program, who
8knowingly escapes or leaves from the geographic boundaries of
9an electronic monitoring or home detention program with the
10intent to evade prosecution violates a condition of the
11electronic monitoring or home detention program and remains in
12violation for at least 48 hours is guilty of a Class 3 felony.
13    (b) A person charged with or convicted of a misdemeanor,
14or charged with or adjudicated delinquent for an act which, if
15committed by an adult, would constitute a misdemeanor,
16conditionally released from the supervising authority through
17an electronic monitoring or home detention program, who
18knowingly escapes or leaves from the geographic boundaries of
19an electronic monitoring or home detention program with the
20intent to evade prosecution violates a condition of the
21electronic monitoring or home detention program and remains in
22violation for at least 48 hours is guilty of a Class B
23misdemeanor.
24    (c) A person who violates this Section while armed with a
25dangerous weapon is guilty of a Class 1 felony.
26(Source: P.A. 100-431, eff. 8-25-17; 101-652, eff. 7-1-21.)
 

 

 

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1    (730 ILCS 5/5-8A-4.15 new)
2    Sec. 5-8A-4.15. Failure to comply with a condition of the
3electronic monitoring or home detention program.
4    (a) A person charged with a felony or misdemeanor, or
5charged with an act that, if committed by an adult, would
6constitute a felony, or misdemeanor, conditionally released
7from the supervising authority through an electronic
8monitoring or home detention program, who knowingly and
9intentionally violates a condition of the electronic
10monitoring or home detention program without notification to
11the proper authority is subject to sanctions as outlined in
12Section 110-6.
13    (b) A person who violates a condition of the electronic
14monitoring or home detention program by knowingly and
15intentionally removing, disabling, destroying, or
16circumventing the operation of an approved electronic
17monitoring device shall be subject to penalties for escape
18under Section 5-8A-4.1.
 
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other

 

 

HB1095 Enrolled- 316 -LRB102 03109 RLC 13122 b

1Public Act.
 
2    Section 97. Severability. The provisions of this Act are
3severable under Section 1.31 of the Statute on Statutes.
 
4    Section 99. Effective date. This Act takes effect January
51, 2023, except that this Section and Sections 2, 22, 30, 35,
637, 72, 87, and 90 take effect upon becoming law.