HB1095sam001 102ND GENERAL ASSEMBLY

Sen. Robert Peters

Filed: 11/29/2022

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1 AMENDMENT TO HOUSE BILL 1095

2 AMENDMENT NO. ______. Amend House Bill 1095 by replacing

3 everything after the enacting clause with the following:

4 "Section 2. The Illinois Administrative Procedure Act is

5 amended 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

8 program. To provide for the expeditious and timely

9 implementation of Section 3-4014 of the Counties Code,

10 emergency rules implementing the public defender grant program

11 established under that Section may be adopted in accordance

12 with Section 5-45 by the Administrative Office of the Illinois

13 Courts. The adoption of emergency rules authorized by Section

14 5-45 and this Section is deemed to be necessary for the public

15 interest, safety, and welfare.

16 This Section is repealed one year after the effective date

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1 of this amendatory Act of the 102nd General Assembly.

2 Section 5. The Freedom of Information Act is amended by

3 changing Section 2.15 as follows:

4 (5 ILCS 140/2.15)

5 (Text of Section before amendment by P.A. 101-652)

6 Sec. 2.15. Arrest reports and criminal history records.

7 (a) Arrest reports. The following chronologically

8 maintained arrest and criminal history information maintained

9 by State or local criminal justice agencies shall be furnished

10 as soon as practical, but in no event later than 72 hours after

11 the arrest, notwithstanding the time limits otherwise provided

12 for in Section 3 of this Act: (i) information that identifies

13 the individual, including the name, age, address, and

14 photograph, when and if available; (ii) information detailing

15 any charges relating to the arrest; (iii) the time and

16 location of the arrest; (iv) the name of the investigating or

17 arresting law enforcement agency; (v) if the individual is

18 incarcerated, the amount of any bail or bond; and (vi) if the

19 individual is incarcerated, the time and date that the

20 individual was received into, discharged from, or transferred

21 from the arresting agency's custody.

22 (b) Criminal history records. The following documents

23 maintained by a public body pertaining to criminal history

24 record information are public records subject to inspection

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1 and copying by the public pursuant to this Act: (i) court

2 records that are public; (ii) records that are otherwise

3 available under State or local law; and (iii) records in which

4 the requesting party is the individual identified, except as

5 provided under Section 7(1)(d)(vi).

6 (c) Information described in items (iii) through (vi) of

7 subsection (a) may be withheld if it is determined that

8 disclosure would: (i) interfere with pending or actually and

9 reasonably contemplated law enforcement proceedings conducted

10 by any law enforcement agency; (ii) endanger the life or

11 physical safety of law enforcement or correctional personnel

12 or any other person; or (iii) compromise the security of any

13 correctional facility.

14 (d) The provisions of this Section do not supersede the

15 confidentiality provisions for law enforcement or arrest

16 records of the Juvenile Court Act of 1987.

17 (e) Notwithstanding the requirements of subsection (a), a

18 law enforcement agency may not publish booking photographs,

19 commonly known as "mugshots", on its social networking website

20 in connection with civil offenses, petty offenses, business

21 offenses, Class C misdemeanors, and Class B misdemeanors

22 unless the booking photograph is posted to the social

23 networking website to assist in the search for a missing

24 person or to assist in the search for a fugitive, person of

25 interest, or individual wanted in relation to a crime other

26 than a petty offense, business offense, Class C misdemeanor,

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1 or Class B misdemeanor. As used in this subsection, "social

2 networking website" has the meaning provided in Section 10 of

3 the Right to Privacy in the Workplace Act.

4 (Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)

5 (Text of Section after amendment by P.A. 101-652)

6 Sec. 2.15. Arrest reports and criminal history records.

7 (a) Arrest reports. The following chronologically

8 maintained arrest and criminal history information maintained

9 by State or local criminal justice agencies shall be furnished

10 as soon as practical, but in no event later than 72 hours after

11 the arrest, notwithstanding the time limits otherwise provided

12 for in Section 3 of this Act: (i) information that identifies

13 the individual, including the name, age, address, and

14 photograph, when and if available; (ii) information detailing

15 any charges relating to the arrest; (iii) the time and

16 location of the arrest; (iv) the name of the investigating or

17 arresting law enforcement agency; (v) (blank) ~~if the~~

18 ~~individual is incarcerated, the conditions of pretrial~~

19 ~~release~~; and (vi) if the individual is incarcerated, the time

20 and date that the individual was received into, discharged

21 from, or transferred from the arresting agency's custody.

22 (b) Criminal history records. The following documents

23 maintained by a public body pertaining to criminal history

24 record information are public records subject to inspection

25 and copying by the public pursuant to this Act: (i) court

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1 records that are public; (ii) records that are otherwise

2 available under State or local law; and (iii) records in which

3 the requesting party is the individual identified, except as

4 provided under Section 7(1)(d)(vi).

5 (c) Information described in items (iii) through (vi) of

6 subsection (a) may be withheld if it is determined that

7 disclosure would: (i) interfere with pending or actually and

8 reasonably contemplated law enforcement proceedings conducted

9 by any law enforcement agency; (ii) endanger the life or

10 physical safety of law enforcement or correctional personnel

11 or any other person; or (iii) compromise the security of any

12 correctional facility.

13 (d) The provisions of this Section do not supersede the

14 confidentiality provisions for law enforcement or arrest

15 records of the Juvenile Court Act of 1987.

16 (e) Notwithstanding the requirements of subsection (a), a

17 law enforcement agency may not publish booking photographs,

18 commonly known as "mugshots", on its social networking website

19 in connection with civil offenses, petty offenses, business

20 offenses, Class C misdemeanors, and Class B misdemeanors

21 unless the booking photograph is posted to the social

22 networking website to assist in the search for a missing

23 person or to assist in the search for a fugitive, person of

24 interest, or individual wanted in relation to a crime other

25 than a petty offense, business offense, Class C misdemeanor,

26 or Class B misdemeanor. As used in this subsection, "social

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1 networking website" has the meaning provided in Section 10 of

2 the Right to Privacy in the Workplace Act.

3 (Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19;

4 101-652, eff. 1-1-23.)

5 Section 10. The State Records Act is amended by changing

6 Section 4a as follows:

7 (5 ILCS 160/4a)

8 (Text of Section before amendment by P.A. 101-652)

9 Sec. 4a. Arrest records and reports.

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

11 information must be made available to the news media for

12 inspection 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) If the individual is incarcerated, the amount of

22 any bail or bond.

23 (6) If the individual is incarcerated, the time and

24 date that the individual was received, discharged, or

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1 transferred from the arresting agency's custody.

2 (b) The information required by this Section must be made

3 available to the news media for inspection and copying as soon

4 as practicable, but in no event shall the time period exceed 72

5 hours from the arrest. The information described in paragraphs

6 (3), (4), (5), and (6) of subsection (a), however, may be

7 withheld if it is determined that disclosure would:

8 (1) interfere with pending or actually and reasonably

9 contemplated law enforcement proceedings conducted by any

10 law enforcement or correctional agency;

11 (2) endanger the life or physical safety of law

12 enforcement or correctional personnel or any other person;

13 or

14 (3) compromise the security of any correctional

15 facility.

16 (c) For the purposes of this Section, the term "news

17 media" means personnel of a newspaper or other periodical

18 issued at regular intervals whether in print or electronic

19 format, a news service whether in print or electronic format,

20 a radio station, a television station, a television network, a

21 community antenna television service, or a person or

22 corporation engaged in making news reels or other motion

23 picture news for public showing.

24 (d) Each law enforcement or correctional agency may charge

25 fees for arrest records, but in no instance may the fee exceed

26 the actual cost of copying and reproduction. The fees may not

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1 include the cost of the labor used to reproduce the arrest

2 record.

3 (e) The provisions of this Section do not supersede the

4 confidentiality provisions for arrest records of the Juvenile

5 Court Act of 1987.

6 (f) All information, including photographs, made available

7 under this Section is subject to the provisions of Section

8 2QQQ of the Consumer Fraud and Deceptive Business Practices

9 Act.

10 (g) Notwithstanding the requirements of subsection (a), a

11 law enforcement agency may not publish booking photographs,

12 commonly known as "mugshots", on its social networking website

13 in connection with civil offenses, petty offenses, business

14 offenses, Class C misdemeanors, and Class B misdemeanors

15 unless the booking photograph is posted to the social

16 networking website to assist in the search for a missing

17 person or to assist in the search for a fugitive, person of

18 interest, or individual wanted in relation to a crime other

19 than a petty offense, business offense, Class C misdemeanor,

20 or Class B misdemeanor. As used in this subsection, "social

21 networking website" has the meaning provided in Section 10 of

22 the Right to Privacy in the Workplace Act.

23 (Source: P.A. 101-433, eff. 8-20-19.)

24 (Text of Section after amendment by P.A. 101-652)

25 Sec. 4a. Arrest records and reports.

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

2 information must be made available to the news media for

3 inspection 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

18 available to the news media for inspection and copying as soon

19 as practicable, but in no event shall the time period exceed 72

20 hours from the arrest. The information described in paragraphs

21 (3), (4), (5), and (6) of subsection (a), however, may be

22 withheld 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

6 media" means personnel of a newspaper or other periodical

7 issued at regular intervals whether in print or electronic

8 format, a news service whether in print or electronic format,

9 a radio station, a television station, a television network, a

10 community antenna television service, or a person or

11 corporation engaged in making news reels or other motion

12 picture news for public showing.

13 (d) Each law enforcement or correctional agency may charge

14 fees for arrest records, but in no instance may the fee exceed

15 the actual cost of copying and reproduction. The fees may not

16 include the cost of the labor used to reproduce the arrest

17 record.

18 (e) The provisions of this Section do not supersede the

19 confidentiality provisions for arrest records of the Juvenile

20 Court Act of 1987.

21 (f) All information, including photographs, made available

22 under this Section is subject to the provisions of Section

23 2QQQ of the Consumer Fraud and Deceptive Business Practices

24 Act.

25 (g) Notwithstanding the requirements of subsection (a), a

26 law enforcement agency may not publish booking photographs,

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1 commonly known as "mugshots", on its social networking website

2 in connection with civil offenses, petty offenses, business

3 offenses, Class C misdemeanors, and Class B misdemeanors

4 unless the booking photograph is posted to the social

5 networking website to assist in the search for a missing

6 person or to assist in the search for a fugitive, person of

7 interest, or individual wanted in relation to a crime other

8 than a petty offense, business offense, Class C misdemeanor,

9 or Class B misdemeanor. As used in this subsection, "social

10 networking website" has the meaning provided in Section 10 of

11 the Right to Privacy in the Workplace Act.

12 (Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23.)

13 Section 15. The Illinois State Police Law of the Civil

14 Administrative Code of Illinois is amended by changing Section

15 2605-302 as follows:

16 (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)

17 (Text of Section before amendment by P.A. 101-652)

18 Sec. 2605-302. Arrest reports.

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

20 information must be made available to the news media for

21 inspection and copying:

22 (1) Information that identifies the individual,

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

24 if available.

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1 (2) Information detailing any charges relating to the

2 arrest.

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

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

5 enforcement agency.

6 (5) If the individual is incarcerated, the amount of

7 any bail or bond.

8 (6) If the individual is incarcerated, the time and

9 date that the individual was received, discharged, or

10 transferred from the arresting agency's custody.

11 (b) The information required by this Section must be made

12 available to the news media for inspection and copying as soon

13 as practicable, but in no event shall the time period exceed 72

14 hours from the arrest. The information described in items (3),

15 (4), (5), and (6) of subsection (a), however, may be withheld

16 if it is determined that disclosure would (i) interfere with

17 pending or actually and reasonably contemplated law

18 enforcement proceedings conducted by any law enforcement or

19 correctional agency; (ii) endanger the life or physical safety

20 of law enforcement or correctional personnel or any other

21 person; or (iii) compromise the security of any correctional

22 facility.

23 (c) For the purposes of this Section, the term "news

24 media" means personnel of a newspaper or other periodical

25 issued at regular intervals whether in print or electronic

26 format, a news service whether in print or electronic format,

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1 a radio station, a television station, a television network, a

2 community antenna television service, or a person or

3 corporation engaged in making news reels or other motion

4 picture news for public showing.

5 (d) Each law enforcement or correctional agency may charge

6 fees for arrest records, but in no instance may the fee exceed

7 the actual cost of copying and reproduction. The fees may not

8 include the cost of the labor used to reproduce the arrest

9 record.

10 (e) The provisions of this Section do not supersede the

11 confidentiality provisions for arrest records of the Juvenile

12 Court Act of 1987.

13 (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;

14 incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02.)

15 (Text of Section after amendment by P.A. 101-652)

16 Sec. 2605-302. Arrest reports.

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

18 information must be made available to the news media for

19 inspection and copying:

20 (1) Information that identifies the individual,

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

22 if available.

23 (2) Information detailing any charges relating to the

24 arrest.

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

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

2 enforcement agency.

3 (5) (Blank). ~~If the individual is incarcerated, the~~

4 ~~conditions of pretrial release.~~

5 (6) If the individual is incarcerated, the time and

6 date that the individual was received, discharged, or

7 transferred from the arresting agency's custody.

8 (b) The information required by this Section must be made

9 available to the news media for inspection and copying as soon

10 as practicable, but in no event shall the time period exceed 72

11 hours from the arrest. The information described in items (3),

12 (4), (5), and (6) of subsection (a), however, may be withheld

13 if it is determined that disclosure would (i) interfere with

14 pending or actually and reasonably contemplated law

15 enforcement proceedings conducted by any law enforcement or

16 correctional agency; (ii) endanger the life or physical safety

17 of law enforcement or correctional personnel or any other

18 person; or (iii) compromise the security of any correctional

19 facility.

20 (c) For the purposes of this Section, the term "news

21 media" means personnel of a newspaper or other periodical

22 issued at regular intervals whether in print or electronic

23 format, a news service whether in print or electronic format,

24 a radio station, a television station, a television network, a

25 community antenna television service, or a person or

26 corporation engaged in making news reels or other motion

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1 picture news for public showing.

2 (d) Each law enforcement or correctional agency may charge

3 fees for arrest records, but in no instance may the fee exceed

4 the actual cost of copying and reproduction. The fees may not

5 include the cost of the labor used to reproduce the arrest

6 record.

7 (e) The provisions of this Section do not supersede the

8 confidentiality provisions for arrest records of the Juvenile

9 Court Act of 1987.

10 (Source: P.A. 101-652, eff. 1-1-23.)

11 Section 20. The Illinois Criminal Justice Information Act

12 is amended by changing Section 7.7 as follows:

13 (20 ILCS 3930/7.7)

14 Sec. 7.7. Pretrial data collection.

15 (a) The Administrative Director of the Administrative

16 Office of the Illinois Courts shall convene an oversight board

17 to be known as the Pretrial Practices Data Oversight Board to

18 oversee the collection and analysis of data regarding pretrial

19 practices in circuit court systems. The Board shall include,

20 but is not limited to, designees from the Administrative

21 Office of the Illinois Courts, the Illinois Criminal Justice

22 Information Authority, and other entities that possess

23 knowledge of pretrial practices and data collection issues.

24 Members of the Board shall serve without compensation.

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1 (b) The Oversight Board shall:

2 (1) identify existing pretrial data collection

3 processes in local jurisdictions;

4 (2) define, gather and maintain records of pretrial

5 data relating to the topics listed in subsection (c) from

6 circuit clerks' offices, sheriff's departments, law

7 enforcement agencies, jails, pretrial departments,

8 probation department, prosecutors' ~~State's Attorneys'~~

9 offices, public defenders' offices and other applicable

10 criminal justice system agencies;

11 (3) identify resources necessary to systematically

12 collect and report data related to the topics listed in

13 subsection (c); and

14 (4) develop a plan to implement data collection

15 processes sufficient to collect data on the topics listed

16 in subsection (c) no later than one year after July 1, 2021

17 (the effective date of Public Act 101-652). The plan and,

18 once implemented, the reports and analysis shall be

19 published and made publicly available on the

20 Administrative Office of the Illinois Courts (AOIC)

21 website.

22 (c) The Pretrial Practices Data Oversight Board shall

23 develop a strategy to collect quarterly, county-level data on

24 the following topics; which collection of data shall begin

25 starting one year after July 1, 2021 (the effective date of

26 Public Act 101-652):

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1 (1) information on all persons arrested and charged

2 with misdemeanor or felony charges, or both, including

3 information on persons released directly from law

4 enforcement custody;

5 (2) information on the outcomes of pretrial conditions

6 and pretrial detention hearings in the county courts,

7 including but not limited to the number of hearings held,

8 the number of defendants detained, the number of

9 defendants released, ~~and~~ the number of defendants released

10 with electronic monitoring, and, beginning January 1,

11 2023, information comparing detention hearing outcomes

12 when the hearing is held in person and by two-way

13 audio-visual communication;

14 (3) information regarding persons detained in the

15 county jail pretrial, including, but not limited to, the

16 number of persons detained in the jail pretrial and the

17 number detained in the jail for other reasons, the

18 demographics of the pretrial jail population, race, sex,

19 sexual orientation, gender identity, age, and ethnicity,

20 the charges including on which pretrial defendants are

21 detained, the average length of stay of pretrial

22 defendants;

23 (4) information regarding persons placed on electronic

24 monitoring programs pretrial, including, but not limited

25 to, the number of participants, the demographics of the

26 participant population, including race, sex, sexual

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1 orientation, gender identity, age, and ethnicity, the

2 charges on which participants are ordered to the program,

3 and the average length of participation in the program;

4 (5) discharge data regarding persons detained pretrial

5 in the county jail, including, but not limited to, the

6 number who are sentenced to the Illinois Department of

7 Corrections, the number released after being sentenced to

8 time served, the number who are released on probation,

9 conditional discharge, or other community supervision, the

10 number found not guilty, the number whose cases are

11 dismissed, the number whose cases are dismissed as part of

12 diversion or deferred prosecution program, and the number

13 who are released pretrial after a hearing re-examining

14 their pretrial detention;

15 (6) information on the pretrial rearrest of

16 individuals released pretrial, including the number

17 arrested and charged with a new misdemeanor offense while

18 released, the number arrested and charged with a new

19 felony offense while released, and the number arrested and

20 charged with a new forcible felony offense while released,

21 and how long after release these arrests occurred;

22 (7) information on the pretrial failure to appear

23 rates of individuals released pretrial, including the

24 number who missed one or more court dates, how many

25 warrants for failures to appear were issued, and how many

26 individuals were detained pretrial or placed on electronic

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1 monitoring pretrial after a failure to appear in court;

2 (8) what, if any, validated pretrial risk assessment

3 tools are in use in each jurisdiction, and comparisons of

4 the pretrial release and pretrial detention decisions of

5 judges as compared to and the risk assessment scores of

6 individuals; and

7 (9) any other information the Pretrial Practices Data

8 Oversight Board considers important and probative of the

9 effectiveness of pretrial practices in the State of

10 Illinois.

11 (d) Circuit clerks' offices, sheriff's departments, law

12 enforcement agencies, jails, pretrial departments, probation

13 department, State's Attorneys' offices, public defenders'

14 offices and other applicable criminal justice system agencies

15 are mandated to provide data to the Administrative Office of

16 the Illinois Courts as described in subsection (c).

17 (Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)

18 Section 22. The State Finance Act is amended by adding

19 Section 5.990 as follows:

20 (30 ILCS 105/5.990 new)

21 Sec. 5.990. The Public Defender Fund.

22 Section 25. The Local Records Act is amended by changing

23 Section 3b as follows:

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1 (50 ILCS 205/3b)

2 (Text of Section before amendment by P.A. 101-652)

3 Sec. 3b. Arrest records and reports.

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

5 information must be made available to the news media for

6 inspection 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

21 available to the news media for inspection and copying as soon

22 as practicable, but in no event shall the time period exceed 72

23 hours from the arrest. The information described in paragraphs

24 (3), (4), (5), and (6) of subsection (a), however, may be

25 withheld 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 media"

10 means personnel of a newspaper or other periodical issued at

11 regular intervals whether in print or electronic format, a

12 news service whether in print or electronic format, a radio

13 station, a television station, a television network, a

14 community antenna television service, or a person or

15 corporation engaged in making news reels or other motion

16 picture news for public showing.

17 (d) Each law enforcement or correctional agency may charge

18 fees for arrest records, but in no instance may the fee exceed

19 the actual cost of copying and reproduction. The fees may not

20 include the cost of the labor used to reproduce the arrest

21 record.

22 (e) The provisions of this Section do not supersede the

23 confidentiality provisions for arrest records of the Juvenile

24 Court Act of 1987.

25 (f) All information, including photographs, made available

26 under this Section is subject to the provisions of Section

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1 2QQQ of the Consumer Fraud and Deceptive Business Practices

2 Act.

3 (Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)

4 (Text of Section after amendment by P.A. 101-652)

5 Sec. 3b. Arrest records and reports.

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

7 information must be made available to the news media for

8 inspection and copying:

9 (1) Information that identifies the individual,

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

11 if available.

12 (2) Information detailing any charges relating to the

13 arrest.

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

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

16 enforcement agency.

17 (5) (Blank). ~~If the individual is incarcerated, the~~

18 ~~conditions of pretrial release.~~

19 (6) If the individual is incarcerated, the time and

20 date that the individual was received, discharged, or

21 transferred from the arresting agency's custody.

22 (b) The information required by this Section must be made

23 available to the news media for inspection and copying as soon

24 as practicable, but in no event shall the time period exceed 72

25 hours from the arrest. The information described in paragraphs

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1 (3), (4), (5), and (6) of subsection (a), however, may be

2 withheld if it is determined that disclosure would:

3 (1) interfere with pending or actually and reasonably

4 contemplated law enforcement proceedings conducted by any

5 law enforcement or correctional agency;

6 (2) endanger the life or physical safety of law

7 enforcement or correctional personnel or any other person;

8 or

9 (3) compromise the security of any correctional

10 facility.

11 (c) For the purposes of this Section the term "news media"

12 means personnel of a newspaper or other periodical issued at

13 regular intervals whether in print or electronic format, a

14 news service whether in print or electronic format, a radio

15 station, a television station, a television network, a

16 community antenna television service, or a person or

17 corporation engaged in making news reels or other motion

18 picture news for public showing.

19 (d) Each law enforcement or correctional agency may charge

20 fees for arrest records, but in no instance may the fee exceed

21 the actual cost of copying and reproduction. The fees may not

22 include the cost of the labor used to reproduce the arrest

23 record.

24 (e) The provisions of this Section do not supersede the

25 confidentiality provisions for arrest records of the Juvenile

26 Court Act of 1987.

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1 (f) All information, including photographs, made available

2 under this Section is subject to the provisions of Section

3 2QQQ of the Consumer Fraud and Deceptive Business Practices

4 Act.

5 (Source: P.A. 101-652, eff. 1-1-23.)

6 Section 30. The Law Enforcement Officer-Worn Body Camera

7 Act is amended by changing Sections 10-10, 10-15, 10-20, and

8 10-25 as follows:

9 (50 ILCS 706/10-10)

10 Sec. 10-10. Definitions. As used in this Act:

11 "Badge" means an officer's department issued

12 identification number associated with his or her position as a

13 police officer with that department.

14 "Board" means the Illinois Law Enforcement Training

15 Standards Board created by the Illinois Police Training Act.

16 "Business offense" means a petty offense for which the

17 fine is in excess of $1,000.

18 "Community caretaking function" means a task undertaken by

19 a law enforcement officer in which the officer is performing

20 an articulable act unrelated to the investigation of a crime.

21 "Community caretaking function" includes, but is not limited

22 to, participating in town halls or other community outreach,

23 helping a child find his or her parents, providing death

24 notifications, and performing in-home or hospital well-being

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1 checks on the sick, elderly, or persons presumed missing.

2 "Community caretaking function" excludes law

3 enforcement-related encounters or activities.

4 "Fund" means the Law Enforcement Camera Grant Fund.

5 "In uniform" means a law enforcement officer who is

6 wearing any officially authorized uniform designated by a law

7 enforcement agency, or a law enforcement officer who is

8 visibly wearing articles of clothing, a badge, tactical gear,

9 gun belt, a patch, or other insignia that he or she is a law

10 enforcement officer acting in the course of his or her duties.

11 "Law enforcement officer" or "officer" means any person

12 employed by a State, county, municipality, special district,

13 college, unit of government, or any other entity authorized by

14 law to employ peace officers or exercise police authority and

15 who is primarily responsible for the prevention or detection

16 of crime and the enforcement of the laws of this State.

17 "Law enforcement agency" means all State agencies with law

18 enforcement officers, county sheriff's offices, municipal,

19 special district, college, or unit of local government police

20 departments.

21 "Law enforcement-related encounters or activities"

22 include, but are not limited to, traffic stops, pedestrian

23 stops, arrests, searches, interrogations, investigations,

24 pursuits, crowd control, traffic control, non-community

25 caretaking interactions with an individual while on patrol, or

26 any other instance in which the officer is enforcing the laws

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1 of the municipality, county, or State. "Law

2 enforcement-related encounter or activities" does not include

3 when the officer is completing paperwork alone, is

4 participating in training in a classroom setting, or is only

5 in the presence of another law enforcement officer or officers

6 while not performing any other law enforcement-related

7 activity.

8 "Minor traffic offense" means a petty offense, business

9 offense, or Class C misdemeanor under the Illinois Vehicle

10 Code or a similar provision of a municipal or local ordinance.

11 "Officer-worn body camera" means an electronic camera

12 system for creating, generating, sending, receiving, storing,

13 displaying, and processing audiovisual recordings that may be

14 worn about the person of a law enforcement officer.

15 "Peace officer" has the meaning provided in Section 2-13

16 of the Criminal Code of 2012.

17 "Petty offense" means any offense for which a sentence of

18 imprisonment is not an authorized disposition.

19 "Recording" means the process of capturing data or

20 information stored on a recording medium as required under

21 this Act.

22 "Recording medium" means any recording medium authorized

23 by the Board for the retention and playback of recorded audio

24 and video including, but not limited to, VHS, DVD, hard drive,

25 cloud storage, solid state, digital, flash memory technology,

26 or any other electronic medium.

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1 (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)

2 (50 ILCS 706/10-15)

3 Sec. 10-15. Applicability.

4 (a) All law enforcement agencies must employ the use of

5 officer-worn body cameras in accordance with the provisions of

6 this Act, whether or not the agency receives or has received

7 monies from the Law Enforcement Camera Grant Fund.

8 (b) Except as provided in subsection (b-5), all ~~All~~ law

9 enforcement agencies must implement the use of body cameras

10 for all law enforcement officers, according to the following

11 schedule:

12 (1) for municipalities and counties with populations

13 of 500,000 or more, body cameras shall be implemented by

14 January 1, 2022;

15 (2) for municipalities and counties with populations

16 of 100,000 or more but under 500,000, body cameras shall

17 be implemented by January 1, 2023;

18 (3) for municipalities and counties with populations

19 of 50,000 or more but under 100,000, body cameras shall be

20 implemented by January 1, 2024;

21 (4) for municipalities and counties under 50,000, body

22 cameras shall be implemented by January 1, 2025; and

23 (5) for all State agencies with law enforcement

24 officers and other remaining law enforcement agencies,

25 body cameras shall be implemented by January 1, 2025.

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1 (b-5) If a law enforcement agency that serves a

2 municipality with a population of at least 100,000 but not

3 more than 500,000 or a law enforcement agency that serves a

4 county with a population of at least 100,000 but not more than

5 500,000 has ordered by October 1, 2022 or purchased by that

6 date officer-worn body cameras for use by the law enforcement

7 agency, then the law enforcement agency may implement the use

8 of body cameras for all of its law enforcement officers by no

9 later than July 1, 2023. Records of purchase within this

10 timeline shall be submitted to the Illinois Law Enforcement

11 Training Standards Board by January 1, 2023.

12 (c) A law enforcement agency's compliance with the

13 requirements under this Section shall receive preference by

14 the Illinois Law Enforcement Training Standards Board in

15 awarding grant funding under the Law Enforcement Camera Grant

16 Act.

17 (d) This Section does not apply to court security

18 officers, State's Attorney investigators, and Attorney General

19 investigators.

20 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

21 (50 ILCS 706/10-20)

22 Sec. 10-20. Requirements.

23 (a) The Board shall develop basic guidelines for the use

24 of officer-worn body cameras by law enforcement agencies. The

25 guidelines developed by the Board shall be the basis for the

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1 written policy which must be adopted by each law enforcement

2 agency which employs the use of officer-worn body cameras. The

3 written policy adopted by the law enforcement agency must

4 include, at a minimum, all of the following:

5 (1) Cameras must be equipped with pre-event recording,

6 capable of recording at least the 30 seconds prior to

7 camera activation, unless the officer-worn body camera was

8 purchased and acquired by the law enforcement agency prior

9 to July 1, 2015.

10 (2) Cameras must be capable of recording for a period

11 of 10 hours or more, unless the officer-worn body camera

12 was purchased and acquired by the law enforcement agency

13 prior to July 1, 2015.

14 (3) Cameras must be turned on at all times when the

15 officer is in uniform and is responding to calls for

16 service or engaged in any law enforcement-related

17 encounter or activity that occurs while the officer is on

18 duty.

19 (A) If exigent circumstances exist which prevent

20 the camera from being turned on, the camera must be

21 turned on as soon as practicable.

22 (B) Officer-worn body cameras may be turned off

23 when the officer is inside of a patrol car which is

24 equipped with a functioning in-car camera; however,

25 the officer must turn on the camera upon exiting the

26 patrol vehicle for law enforcement-related encounters.

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1 (C) Officer-worn body cameras may be turned off

2 when the officer is inside a correctional facility or

3 courthouse which is equipped with a functioning camera

4 system.

5 (4) Cameras must be turned off when:

6 (A) the victim of a crime requests that the camera

7 be turned off, and unless impractical or impossible,

8 that request is made on the recording;

9 (B) a witness of a crime or a community member who

10 wishes to report a crime requests that the camera be

11 turned off, and unless impractical or impossible that

12 request is made on the recording;

13 (C) the officer is interacting with a confidential

14 informant used by the law enforcement agency; or

15 (D) an officer of the Department of Revenue enters

16 a Department of Revenue facility or conducts an

17 interview during which return information will be

18 discussed or visible.

19 However, an officer may continue to record or resume

20 recording a victim or a witness, if exigent circumstances

21 exist, or if the officer has reasonable articulable

22 suspicion that a victim or witness, or confidential

23 informant has committed or is in the process of committing

24 a crime. Under these circumstances, and unless impractical

25 or impossible, the officer must indicate on the recording

26 the reason for continuing to record despite the request of

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1 the victim or witness.

2 (4.5) Cameras may be turned off when the officer is

3 engaged in community caretaking functions. However, the

4 camera must be turned on when the officer has reason to

5 believe that the person on whose behalf the officer is

6 performing a community caretaking function has committed

7 or is in the process of committing a crime. If exigent

8 circumstances exist which prevent the camera from being

9 turned on, the camera must be turned on as soon as

10 practicable.

11 (5) The officer must provide notice of recording to

12 any person if the person has a reasonable expectation of

13 privacy and proof of notice must be evident in the

14 recording. If exigent circumstances exist which prevent

15 the officer from providing notice, notice must be provided

16 as soon as practicable.

17 (6) (A) For the purposes of redaction~~, labeling,~~ or

18 duplicating recordings, access to camera recordings shall

19 be restricted to only those personnel responsible for

20 those purposes. The recording officer or his or her

21 supervisor may not redact, ~~label,~~ duplicate, or otherwise

22 alter the recording officer's camera recordings. Except as

23 otherwise provided in this Section, the recording officer

24 and his or her supervisor may access and review recordings

25 prior to completing incident reports or other

26 documentation, provided that the supervisor discloses that

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1 fact in the report or documentation.

2 (i) A law enforcement officer shall not have

3 access to or review his or her body-worn camera

4 recordings or the body-worn camera recordings of

5 another officer prior to completing incident reports

6 or other documentation when the officer:

7 (a) has been involved in or is a witness to an

8 officer-involved shooting, use of deadly force

9 incident, or use of force incidents resulting in

10 great bodily harm;

11 (b) is ordered to write a report in response

12 to or during the investigation of a misconduct

13 complaint against the officer.

14 (ii) If the officer subject to subparagraph (i)

15 prepares a report, any report shall be prepared

16 without viewing body-worn camera recordings, and

17 subject to supervisor's approval, officers may file

18 amendatory reports after viewing body-worn camera

19 recordings. Supplemental reports under this provision

20 shall also contain documentation regarding access to

21 the video footage.

22 (B) The recording officer's assigned field

23 training officer may access and review recordings for

24 training purposes. Any detective or investigator

25 directly involved in the investigation of a matter may

26 access and review recordings which pertain to that

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1 investigation but may not have access to delete or

2 alter such recordings.

3 (7) Recordings made on officer-worn cameras must be

4 retained by the law enforcement agency or by the camera

5 vendor used by the agency, on a recording medium for a

6 period of 90 days.

7 (A) Under no circumstances shall any recording,

8 except for a non-law enforcement related activity or

9 encounter, made with an officer-worn body camera be

10 altered, erased, or destroyed prior to the expiration

11 of the 90-day storage period. In the event any

12 recording made with an officer-worn body camera is

13 altered, erased, or destroyed prior to the expiration

14 of the 90-day storage period, the law enforcement

15 agency shall maintain, for a period of one year, a

16 written record including (i) the name of the

17 individual who made such alteration, erasure, or

18 destruction, and (ii) the reason for any such

19 alteration, erasure, or destruction.

20 (B) Following the 90-day storage period, any and

21 all recordings made with an officer-worn body camera

22 must be destroyed, unless any encounter captured on

23 the recording has been flagged. An encounter is deemed

24 to be flagged when:

25 (i) a formal or informal complaint has been

26 filed;

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1 (ii) the officer discharged his or her firearm

2 or used force during the encounter;

3 (iii) death or great bodily harm occurred to

4 any person in the recording;

5 (iv) the encounter resulted in a detention or

6 an arrest, excluding traffic stops which resulted

7 in only a minor traffic offense or business

8 offense;

9 (v) the officer is the subject of an internal

10 investigation or otherwise being investigated for

11 possible misconduct;

12 (vi) the supervisor of the officer,

13 prosecutor, defendant, or court determines that

14 the encounter has evidentiary value in a criminal

15 prosecution; or

16 (vii) the recording officer requests that the

17 video be flagged for official purposes related to

18 his or her official duties or believes it may have

19 evidentiary value in a criminal prosecution.

20 (C) Under no circumstances shall any recording

21 made with an officer-worn body camera relating to a

22 flagged encounter be altered or destroyed prior to 2

23 years after the recording was flagged. If the flagged

24 recording was used in a criminal, civil, or

25 administrative proceeding, the recording shall not be

26 destroyed except upon a final disposition and order

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1 from the court.

2 (D) Nothing in this Act prohibits law enforcement

3 agencies from labeling officer-worn body camera video

4 within the recording medium; provided that the

5 labeling does not alter the actual recording of the

6 incident captured on the officer-worn body camera. The

7 labels, titles, and tags shall not be construed as

8 altering the officer-worn body camera video in any

9 way.

10 (8) Following the 90-day storage period, recordings

11 may be retained if a supervisor at the law enforcement

12 agency designates the recording for training purposes. If

13 the recording is designated for training purposes, the

14 recordings may be viewed by officers, in the presence of a

15 supervisor or training instructor, for the purposes of

16 instruction, training, or ensuring compliance with agency

17 policies.

18 (9) Recordings shall not be used to discipline law

19 enforcement officers unless:

20 (A) a formal or informal complaint of misconduct

21 has been made;

22 (B) a use of force incident has occurred;

23 (C) the encounter on the recording could result in

24 a formal investigation under the Uniform Peace

25 Officers' Disciplinary Act; or

26 (D) as corroboration of other evidence of

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1 misconduct.

2 Nothing in this paragraph (9) shall be construed to

3 limit or prohibit a law enforcement officer from being

4 subject to an action that does not amount to discipline.

5 (10) The law enforcement agency shall ensure proper

6 care and maintenance of officer-worn body cameras. Upon

7 becoming aware, officers must as soon as practical

8 document and notify the appropriate supervisor of any

9 technical difficulties, failures, or problems with the

10 officer-worn body camera or associated equipment. Upon

11 receiving notice, the appropriate supervisor shall make

12 every reasonable effort to correct and repair any of the

13 officer-worn body camera equipment.

14 (11) No officer may hinder or prohibit any person, not

15 a law enforcement officer, from recording a law

16 enforcement officer in the performance of his or her

17 duties in a public place or when the officer has no

18 reasonable expectation of privacy. The law enforcement

19 agency's written policy shall indicate the potential

20 criminal penalties, as well as any departmental

21 discipline, which may result from unlawful confiscation or

22 destruction of the recording medium of a person who is not

23 a law enforcement officer. However, an officer may take

24 reasonable action to maintain safety and control, secure

25 crime scenes and accident sites, protect the integrity and

26 confidentiality of investigations, and protect the public

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1 safety and order.

2 (b) Recordings made with the use of an officer-worn body

3 camera are not subject to disclosure under the Freedom of

4 Information Act, except that:

5 (1) if the subject of the encounter has a reasonable

6 expectation of privacy, at the time of the recording, any

7 recording which is flagged, due to the filing of a

8 complaint, discharge of a firearm, use of force, arrest or

9 detention, or resulting death or bodily harm, shall be

10 disclosed in accordance with the Freedom of Information

11 Act if:

12 (A) the subject of the encounter captured on the

13 recording is a victim or witness; and

14 (B) the law enforcement agency obtains written

15 permission of the subject or the subject's legal

16 representative;

17 (2) except as provided in paragraph (1) of this

18 subsection (b), any recording which is flagged due to the

19 filing of a complaint, discharge of a firearm, use of

20 force, arrest or detention, or resulting death or bodily

21 harm shall be disclosed in accordance with the Freedom of

22 Information Act; and

23 (3) upon request, the law enforcement agency shall

24 disclose, in accordance with the Freedom of Information

25 Act, the recording to the subject of the encounter

26 captured on the recording or to the subject's attorney, or

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1 the officer or his or her legal representative.

2 For the purposes of paragraph (1) of this subsection (b),

3 the subject of the encounter does not have a reasonable

4 expectation of privacy if the subject was arrested as a result

5 of the encounter. For purposes of subparagraph (A) of

6 paragraph (1) of this subsection (b), "witness" does not

7 include a person who is a victim or who was arrested as a

8 result of the encounter.

9 Only recordings or portions of recordings responsive to

10 the request shall be available for inspection or reproduction.

11 Any recording disclosed under the Freedom of Information Act

12 shall be redacted to remove identification of any person that

13 appears on the recording and is not the officer, a subject of

14 the encounter, or directly involved in the encounter. Nothing

15 in this subsection (b) shall require the disclosure of any

16 recording or portion of any recording which would be exempt

17 from disclosure under the Freedom of Information Act.

18 (c) Nothing in this Section shall limit access to a camera

19 recording for the purposes of complying with Supreme Court

20 rules or the rules of evidence.

21 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

22 102-687, eff. 12-17-21; 102-694, eff. 1-7-22.)

23 (50 ILCS 706/10-25)

24 Sec. 10-25. Reporting.

25 (a) Each law enforcement agency must provide an annual

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1 report on the use of officer-worn body cameras to the Board, on

2 or before May 1 of the year. The report shall include:

3 (1) a brief overview of the makeup of the agency,

4 including the number of officers utilizing officer-worn

5 body cameras;

6 (2) the number of officer-worn body cameras utilized

7 by the law enforcement agency;

8 (3) any technical issues with the equipment and how

9 those issues were remedied;

10 (4) a brief description of the review process used by

11 supervisors within the law enforcement agency; ~~;~~

12 (5) (blank); and ~~for each recording used in~~

13 ~~prosecutions of conservation, criminal, or traffic~~

14 ~~offenses or municipal ordinance violations:~~

15 ~~(A) the time, date, location, and precinct of the~~

16 ~~incident;~~

17 ~~(B) the offense charged and the date charges were~~

18 ~~filed; and~~

19 (6) any other information relevant to the

20 administration of the program.

21 (b) On or before July 30 of each year, the Board must

22 analyze the law enforcement agency reports and provide an

23 annual report to the General Assembly and the Governor.

24 (Source: P.A. 101-652, eff. 7-1-21.)

25 Section 35. The Law Enforcement Camera Grant Act is

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1 amended by changing Section 10 as follows:

2 (50 ILCS 707/10)

3 Sec. 10. Law Enforcement Camera Grant Fund; creation,

4 rules.

5 (a) The Law Enforcement Camera Grant Fund is created as a

6 special fund in the State treasury. From appropriations to the

7 Board from the Fund, the Board must make grants to units of

8 local government in Illinois and Illinois public universities

9 for the purpose of (1) purchasing in-car video cameras for use

10 in law enforcement vehicles, (2) purchasing officer-worn body

11 cameras and associated technology for law enforcement

12 officers, and (3) training for law enforcement officers in the

13 operation of the cameras. Grants under this Section may be

14 used to offset data storage costs for officer-worn body

15 cameras.

16 Moneys received for the purposes of this Section,

17 including, without limitation, fee receipts and gifts, grants,

18 and awards from any public or private entity, must be

19 deposited into the Fund. Any interest earned on moneys in the

20 Fund must be deposited into the Fund.

21 (b) The Board may set requirements for the distribution of

22 grant moneys and determine which law enforcement agencies are

23 eligible.

24 (b-5) The Board shall consider compliance with the Uniform

25 Crime Reporting Act as a factor in awarding grant moneys.

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1 (c) (Blank).

2 (d) (Blank).

3 (e) (Blank).

4 (f) (Blank).

5 (g) (Blank).

6 (h) (Blank).

7 (Source: P.A. 102-16, eff. 6-17-21.)

8 Section 37. The Counties Code is amended by changing

9 Section 3-4013 and by adding Section 3-4014 as follows:

10 (55 ILCS 5/3-4013)

11 (Section scheduled to be repealed on December 31, 2023)

12 Sec. 3-4013. Public Defender Quality Defense Task Force.

13 (a) The Public Defender Quality Defense Task Force is

14 established to: (i) examine the current caseload and determine

15 the optimal caseload for public defenders in the State; (ii)

16 examine the quality of legal services being offered to

17 defendants by public defenders of the State; ~~and~~ (iii) make

18 recommendations to improve the caseload of public defenders

19 and quality of legal services offered by public defenders; and

20 (iv) provide recommendations to the General Assembly and

21 Governor on legislation to provide for an effective public

22 defender system throughout the State and encourage the active

23 and substantial participation of the private bar in the

24 representation of accused people.

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1 (b) The following members shall be appointed to the Task

2 Force by the Governor no later than 30 days after the effective

3 date of this amendatory Act of the 102nd General Assembly:

4 (1) 2 assistant public defenders from the Office of

5 the Cook County Public Defender.

6 (2) 5 public defenders or assistant public defenders

7 from 5 counties other than Cook County.

8 (3) One Cook County circuit judge experienced in the

9 litigation of criminal law matters.

10 (4) One circuit judge from outside of Cook County

11 experienced in the litigation of criminal law matters.

12 (5) One representative from the Office of the State

13 Appellate Defender.

14 Task Force members shall serve without compensation but

15 may be reimbursed for their expenses incurred in performing

16 their duties. If a vacancy occurs in the Task Force

17 membership, the vacancy shall be filled in the same manner as

18 the original appointment for the remainder of the Task Force.

19 (c) The Task Force shall hold a minimum of 2 public

20 hearings. At the public hearings, the Task Force shall take

21 testimony of public defenders, former criminal defendants

22 represented by public defenders, and any other person the Task

23 Force believes would aid the Task Force's examination and

24 recommendations under subsection (a). The Task may meet as

25 such other times as it deems appropriate.

26 (d) The Office of the State Appellate Defender shall

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1 provide administrative and other support to the Task Force.

2 (e) The Task Force shall prepare a report that summarizes

3 its work and makes recommendations resulting from its study.

4 The Task Force shall submit the report of its findings and

5 recommendations to the Governor and the General Assembly no

6 later than December 31, 2023 ~~2022~~.

7 (f) This Section is repealed on December 31, 2024 ~~2023~~.

8 (Source: P.A. 102-430, eff. 8-20-21.)

9 (55 ILCS 5/3-4014 new)

10 Sec. 3-4014. Public defender grant program.

11 (a) Subject to appropriation, the Administrative Office of

12 the Illinois Courts shall establish a grant program for

13 counties for the purpose of training and hiring attorneys on

14 contract to assist the county public defender in pretrial

15 detention hearings. The Administrative Office of the Illinois

16 Courts may establish, by rule, administrative procedures for

17 the grant program, including application procedures and

18 requirements concerning grant agreements, certifications,

19 payment methodologies, and other accountability measures that

20 may be imposed upon participants in the program. Emergency

21 rules may be adopted to implement the program in accordance

22 with Section 5-45 of the Illinois Administrative Procedure

23 Act.

24 (b) The Public Defender Fund is created as a special fund

25 in the State treasury. All money in the Public Defender Fund

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1 shall be used, subject to appropriation, to provide funding to

2 counties for public defenders and public defender services

3 pursuant to this Section 3-4014.

4 Section 40. The Campus Security Enhancement Act of 2008 is

5 amended by changing Section 15 as follows:

6 (110 ILCS 12/15)

7 (Text of Section before amendment by P.A. 101-652)

8 Sec. 15. Arrest reports.

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

10 information must be made available to the news media for

11 inspection and copying:

12 (1) Information that identifies the individual,

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

14 if available.

15 (2) Information detailing any charges relating to the

16 arrest.

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

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

19 enforcement agency.

20 (5) If the individual is incarcerated, the amount of

21 any bail or bond.

22 (6) If the individual is incarcerated, the time and

23 date that the individual was received, discharged, or

24 transferred from the arresting agency's custody.

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1 (b) The information required by this Section must be made

2 available to the news media for inspection and copying as soon

3 as practicable, but in no event shall the time period exceed 72

4 hours from the arrest. The information described in paragraphs

5 (3), (4), (5), and (6) of subsection (a), however, may be

6 withheld if it is determined that disclosure would:

7 (1) interfere with pending or actually and reasonably

8 contemplated law enforcement proceedings conducted by any

9 law enforcement or correctional agency;

10 (2) endanger the life or physical safety of law

11 enforcement or correctional personnel or any other person;

12 or

13 (3) compromise the security of any correctional

14 facility.

15 (c) For the purposes of this Section the term "news media"

16 means personnel of a newspaper or other periodical issued at

17 regular intervals whether in print or electronic format, a

18 news service whether in print or electronic format, a radio

19 station, a television station, a television network, a

20 community antenna television service, or a person or

21 corporation engaged in making news reels or other motion

22 picture news for public showing.

23 (d) Each law enforcement or correctional agency may charge

24 fees for arrest records, but in no instance may the fee exceed

25 the actual cost of copying and reproduction. The fees may not

26 include the cost of the labor used to reproduce the arrest

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1 record.

2 (e) The provisions of this Section do not supersede the

3 confidentiality provisions for arrest records of the Juvenile

4 Court Act of 1987.

5 (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;

6 92-335, eff. 8-10-01.)

7 (Text of Section after amendment by P.A. 101-652)

8 Sec. 15. Arrest reports.

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

10 information must be made available to the news media for

11 inspection and copying:

12 (1) Information that identifies the individual,

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

14 if available.

15 (2) Information detailing any charges relating to the

16 arrest.

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

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

19 enforcement agency.

20 (5) (Blank). ~~If the individual is incarcerated, the~~

21 ~~conditions of pretrial release.~~

22 (6) If the individual is incarcerated, the time and

23 date that the individual was received, discharged, or

24 transferred from the arresting agency's custody.

25 (b) The information required by this Section must be made

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1 available to the news media for inspection and copying as soon

2 as practicable, but in no event shall the time period exceed 72

3 hours from the arrest. The information described in paragraphs

4 (3), (4), (5), and (6) of subsection (a), however, may be

5 withheld if it is determined that disclosure would:

6 (1) interfere with pending or actually and reasonably

7 contemplated law enforcement proceedings conducted by any

8 law enforcement or correctional agency;

9 (2) endanger the life or physical safety of law

10 enforcement or correctional personnel or any other person;

11 or

12 (3) compromise the security of any correctional

13 facility.

14 (c) For the purposes of this Section the term "news media"

15 means personnel of a newspaper or other periodical issued at

16 regular intervals whether in print or electronic format, a

17 news service whether in print or electronic format, a radio

18 station, a television station, a television network, a

19 community antenna television service, or a person or

20 corporation engaged in making news reels or other motion

21 picture news for public showing.

22 (d) Each law enforcement or correctional agency may charge

23 fees for arrest records, but in no instance may the fee exceed

24 the actual cost of copying and reproduction. The fees may not

25 include the cost of the labor used to reproduce the arrest

26 record.

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1 (e) The provisions of this Section do not supersede the

2 confidentiality provisions for arrest records of the Juvenile

3 Court Act of 1987.

4 (Source: P.A. 101-652, eff. 1-1-23.)

5 Section 45. The Illinois Insurance Code is amended by

6 changing Section 143.19 as follows:

7 (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)

8 (Text of Section before amendment by P.A. 101-652 and P.A.

9 102-982)

10 Sec. 143.19. Cancellation of automobile insurance policy;

11 grounds. After a policy of automobile insurance as defined in

12 Section 143.13(a) has been effective for 60 days, or if such

13 policy is a renewal policy, the insurer shall not exercise its

14 option to cancel such policy except for one or more of the

15 following reasons:

16 a. Nonpayment of premium;

17 b. The policy was obtained through a material

18 misrepresentation;

19 c. Any insured violated any of the terms and

20 conditions of the policy;

21 d. The named insured failed to disclose fully his

22 motor vehicle accidents and moving traffic violations for

23 the preceding 36 months if called for in the application;

24 e. Any insured made a false or fraudulent claim or

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1 knowingly aided or abetted another in the presentation of

2 such a claim;

3 f. The named insured or any other operator who either

4 resides in the same household or customarily operates an

5 automobile insured under such policy:

6 1. has, within the 12 months prior to the notice of

7 cancellation, had his driver's license under

8 suspension or revocation;

9 2. is or becomes subject to epilepsy or heart

10 attacks, and such individual does not produce a

11 certificate from a physician testifying to his

12 unqualified ability to operate a motor vehicle safely;

13 3. has an accident record, conviction record

14 (criminal or traffic), physical, or mental condition

15 which is such that his operation of an automobile

16 might endanger the public safety;

17 4. has, within the 36 months prior to the notice of

18 cancellation, been addicted to the use of narcotics or

19 other drugs; or

20 5. has been convicted, or forfeited bail, during

21 the 36 months immediately preceding the notice of

22 cancellation, for any felony, criminal negligence

23 resulting in death, homicide or assault arising out of

24 the operation of a motor vehicle, operating a motor

25 vehicle while in an intoxicated condition or while

26 under the influence of drugs, being intoxicated while

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1 in, or about, an automobile or while having custody of

2 an automobile, leaving the scene of an accident

3 without stopping to report, theft or unlawful taking

4 of a motor vehicle, making false statements in an

5 application for an operator's or chauffeur's license

6 or has been convicted or forfeited bail for 3 or more

7 violations within the 12 months immediately preceding

8 the notice of cancellation, of any law, ordinance, or

9 regulation limiting the speed of motor vehicles or any

10 of the provisions of the motor vehicle laws of any

11 state, violation of which constitutes a misdemeanor,

12 whether or not the violations were repetitions of the

13 same offense or different offenses;

14 g. The insured automobile is:

15 1. so mechanically defective that its operation

16 might endanger public safety;

17 2. used in carrying passengers for hire or

18 compensation (the use of an automobile for a car pool

19 shall not be considered use of an automobile for hire

20 or compensation);

21 3. used in the business of transportation of

22 flammables or explosives;

23 4. an authorized emergency vehicle;

24 5. changed in shape or condition during the policy

25 period so as to increase the risk substantially; or

26 6. subject to an inspection law and has not been

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1 inspected or, if inspected, has failed to qualify.

2 Nothing in this Section shall apply to nonrenewal.

3 (Source: P.A. 100-201, eff. 8-18-17.)

4 (Text of Section after amendment by P.A. 101-652 but

5 before amendment by P.A. 102-982)

6 Sec. 143.19. Cancellation of automobile insurance policy;

7 grounds. After a policy of automobile insurance as defined in

8 Section 143.13(a) has been effective for 60 days, or if such

9 policy is a renewal policy, the insurer shall not exercise its

10 option to cancel such policy except for one or more of the

11 following reasons:

12 a. Nonpayment of premium;

13 b. The policy was obtained through a material

14 misrepresentation;

15 c. Any insured violated any of the terms and

16 conditions of the policy;

17 d. The named insured failed to disclose fully his

18 motor vehicle accidents and moving traffic violations for

19 the preceding 36 months if called for in the application;

20 e. Any insured made a false or fraudulent claim or

21 knowingly aided or abetted another in the presentation of

22 such a claim;

23 f. The named insured or any other operator who either

24 resides in the same household or customarily operates an

25 automobile insured under such policy:

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LRB102 03109 RLC 41994 a

1 1. has, within the 12 months prior to the notice of

2 cancellation, had his driver's license under

3 suspension or revocation;

4 2. is or becomes subject to epilepsy or heart

5 attacks, and such individual does not produce a

6 certificate from a physician testifying to his

7 unqualified ability to operate a motor vehicle safely;

8 3. has an accident record, conviction record

9 (criminal or traffic), physical, or mental condition

10 which is such that his operation of an automobile

11 might endanger the public safety;

12 4. has, within the 36 months prior to the notice of

13 cancellation, been addicted to the use of narcotics or

14 other drugs; or

15 5. has been convicted, or had pretrial release

16 revoked ~~violated conditions of pretrial release~~,

17 during the 36 months immediately preceding the notice

18 of cancellation, for any felony, criminal negligence

19 resulting in death, homicide or assault arising out of

20 the operation of a motor vehicle, operating a motor

21 vehicle while in an intoxicated condition or while

22 under the influence of drugs, being intoxicated while

23 in, or about, an automobile or while having custody of

24 an automobile, leaving the scene of an accident

25 without stopping to report, theft or unlawful taking

26 of a motor vehicle, making false statements in an

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LRB102 03109 RLC 41994 a

1 application for an operator's or chauffeur's license

2 or has been convicted or pretrial release has been

3 revoked for 3 or more violations within the 12 months

4 immediately preceding the notice of cancellation, of

5 any law, ordinance, or regulation limiting the speed

6 of motor vehicles or any of the provisions of the motor

7 vehicle laws of any state, violation of which

8 constitutes a misdemeanor, whether or not the

9 violations were repetitions of the same offense or

10 different offenses;

11 g. The insured automobile is:

12 1. so mechanically defective that its operation

13 might endanger public safety;

14 2. used in carrying passengers for hire or

15 compensation (the use of an automobile for a car pool

16 shall not be considered use of an automobile for hire

17 or compensation);

18 3. used in the business of transportation of

19 flammables or explosives;

20 4. an authorized emergency vehicle;

21 5. changed in shape or condition during the policy

22 period so as to increase the risk substantially; or

23 6. subject to an inspection law and has not been

24 inspected or, if inspected, has failed to qualify.

25 Nothing in this Section shall apply to nonrenewal.

26 (Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)

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1 (Text of Section after amendment by P.A. 102-982)

2 Sec. 143.19. Cancellation of automobile insurance policy;

3 grounds. After a policy of automobile insurance as defined in

4 Section 143.13(a) has been effective for 60 days, or if such

5 policy is a renewal policy, the insurer shall not exercise its

6 option to cancel such policy except for one or more of the

7 following reasons:

8 a. Nonpayment of premium;

9 b. The policy was obtained through a material

10 misrepresentation;

11 c. Any insured violated any of the terms and

12 conditions of the policy;

13 d. The named insured failed to disclose fully his

14 motor vehicle crashes and moving traffic violations for

15 the preceding 36 months if called for in the application;

16 e. Any insured made a false or fraudulent claim or

17 knowingly aided or abetted another in the presentation of

18 such a claim;

19 f. The named insured or any other operator who either

20 resides in the same household or customarily operates an

21 automobile insured under such policy:

22 1. has, within the 12 months prior to the notice of

23 cancellation, had his driver's license under

24 suspension or revocation;

25 2. is or becomes subject to epilepsy or heart

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LRB102 03109 RLC 41994 a

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 a crash record, conviction record (criminal

5 or traffic), physical, or mental condition which is

6 such that his operation of an automobile might

7 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 had pretrial release

12 revoked ~~violated conditions of pretrial release~~,

13 during the 36 months immediately preceding the notice

14 of cancellation, for any felony, criminal negligence

15 resulting in death, homicide or assault arising out of

16 the operation of a motor vehicle, operating a motor

17 vehicle while in an intoxicated condition or while

18 under the influence of drugs, being intoxicated while

19 in, or about, an automobile or while having custody of

20 an automobile, leaving the scene of a crash without

21 stopping to report, theft or unlawful taking of a

22 motor vehicle, making false statements in an

23 application for an operator's or chauffeur's license

24 or has been convicted or pretrial release has been

25 revoked for 3 or more violations within the 12 months

26 immediately preceding the notice of cancellation, of

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LRB102 03109 RLC 41994 a

1 any law, ordinance, or regulation limiting the speed

2 of motor vehicles or any of the provisions of the motor

3 vehicle laws of any state, violation of which

4 constitutes a misdemeanor, whether or not the

5 violations were repetitions of the same offense or

6 different offenses;

7 g. The insured automobile is:

8 1. so mechanically defective that its operation

9 might endanger public safety;

10 2. used in carrying passengers for hire or

11 compensation (the use of an automobile for a car pool

12 shall not be considered use of an automobile for hire

13 or compensation);

14 3. used in the business of transportation of

15 flammables or explosives;

16 4. an authorized emergency vehicle;

17 5. changed in shape or condition during the policy

18 period so as to increase the risk substantially; or

19 6. subject to an inspection law and has not been

20 inspected or, if inspected, has failed to qualify.

21 Nothing in this Section shall apply to nonrenewal.

22 (Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23.)

23 Section 50. The Illinois Vehicle Code is amended by

24 changing Sections 6-204 and 6-500 as follows:

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1 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)

2 (Text of Section before amendment by P.A. 101-652)

3 Sec. 6-204. When court to forward license and reports.

4 (a) For the purpose of providing to the Secretary of State

5 the records essential to the performance of the Secretary's

6 duties under this Code to cancel, revoke or suspend the

7 driver's license and privilege to drive motor vehicles of

8 certain minors and of persons found guilty of the criminal

9 offenses or traffic violations which this Code recognizes as

10 evidence relating to unfitness to safely operate motor

11 vehicles, the following duties are imposed upon public

12 officials:

13 (1) Whenever any person is convicted of any offense

14 for which this Code makes mandatory the cancellation or

15 revocation of the driver's license or permit of such

16 person by the Secretary of State, the judge of the court in

17 which such conviction is had shall require the surrender

18 to the clerk of the court of all driver's licenses or

19 permits then held by the person so convicted, and the

20 clerk of the court shall, within 5 days thereafter,

21 forward the same, together with a report of such

22 conviction, to the Secretary.

23 (2) Whenever any person is convicted of any offense

24 under this Code or similar offenses under a municipal

25 ordinance, other than regulations governing standing,

26 parking or weights of vehicles, and excepting the

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1 following enumerated Sections of this Code: Sections

2 11-1406 (obstruction to driver's view or control), 11-1407

3 (improper opening of door into traffic), 11-1410 (coasting

4 on downgrade), 11-1411 (following fire apparatus),

5 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving

6 vehicle which is in unsafe condition or improperly

7 equipped), 12-201(a) (daytime lights on motorcycles),

8 12-202 (clearance, identification and side marker lamps),

9 12-204 (lamp or flag on projecting load), 12-205 (failure

10 to display the safety lights required), 12-401

11 (restrictions as to tire equipment), 12-502 (mirrors),

12 12-503 (windshields must be unobstructed and equipped with

13 wipers), 12-601 (horns and warning devices), 12-602

14 (mufflers, prevention of noise or smoke), 12-603 (seat

15 safety belts), 12-702 (certain vehicles to carry flares or

16 other warning devices), 12-703 (vehicles for oiling roads

17 operated on highways), 12-710 (splash guards and

18 replacements), 13-101 (safety tests), 15-101 (size, weight

19 and load), 15-102 (width), 15-103 (height), 15-104 (name

20 and address on second division vehicles), 15-107 (length

21 of vehicle), 15-109.1 (cover or tarpaulin), 15-111

22 (weights), 15-112 (weights), 15-301 (weights), 15-316

23 (weights), 15-318 (weights), and also excepting the

24 following enumerated Sections of the Chicago Municipal

25 Code: Sections 27-245 (following fire apparatus), 27-254

26 (obstruction of traffic), 27-258 (driving vehicle which is

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LRB102 03109 RLC 41994 a

1 in unsafe condition), 27-259 (coasting on downgrade),

2 27-264 (use of horns and signal devices), 27-265

3 (obstruction to driver's view or driver mechanism), 27-267

4 (dimming of headlights), 27-268 (unattended motor

5 vehicle), 27-272 (illegal funeral procession), 27-273

6 (funeral procession on boulevard), 27-275 (driving freight

7 hauling vehicles on boulevard), 27-276 (stopping and

8 standing of buses or taxicabs), 27-277 (cruising of public

9 passenger vehicles), 27-305 (parallel parking), 27-306

10 (diagonal parking), 27-307 (parking not to obstruct

11 traffic), 27-308 (stopping, standing or parking

12 regulated), 27-311 (parking regulations), 27-312 (parking

13 regulations), 27-313 (parking regulations), 27-314

14 (parking regulations), 27-315 (parking regulations),

15 27-316 (parking regulations), 27-317 (parking

16 regulations), 27-318 (parking regulations), 27-319

17 (parking regulations), 27-320 (parking regulations),

18 27-321 (parking regulations), 27-322 (parking

19 regulations), 27-324 (loading and unloading at an angle),

20 27-333 (wheel and axle loads), 27-334 (load restrictions

21 in the downtown district), 27-335 (load restrictions in

22 residential areas), 27-338 (width of vehicles), 27-339

23 (height of vehicles), 27-340 (length of vehicles), 27-352

24 (reflectors on trailers), 27-353 (mufflers), 27-354

25 (display of plates), 27-355 (display of city vehicle tax

26 sticker), 27-357 (identification of vehicles), 27-358

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1 (projecting of loads), and also excepting the following

2 enumerated paragraphs of Section 2-201 of the Rules and

3 Regulations of the Illinois State Toll Highway Authority:

4 (l) (driving unsafe vehicle on tollway), (m) (vehicles

5 transporting dangerous cargo not properly indicated), it

6 shall be the duty of the clerk of the court in which such

7 conviction is had within 5 days thereafter to forward to

8 the Secretary of State a report of the conviction and the

9 court may recommend the suspension of the driver's license

10 or permit of the person so convicted.

11 The reporting requirements of this subsection shall

12 apply to all violations stated in paragraphs (1) and (2)

13 of this subsection when the individual has been

14 adjudicated under the Juvenile Court Act or the Juvenile

15 Court Act of 1987. Such reporting requirements shall also

16 apply to individuals adjudicated under the Juvenile Court

17 Act or the Juvenile Court Act of 1987 who have committed a

18 violation of Section 11-501 of this Code, or similar

19 provision of a local ordinance, or Section 9-3 of the

20 Criminal Code of 1961 or the Criminal Code of 2012,

21 relating to the offense of reckless homicide, or Section

22 5-7 of the Snowmobile Registration and Safety Act or

23 Section 5-16 of the Boat Registration and Safety Act,

24 relating to the offense of operating a snowmobile or a

25 watercraft while under the influence of alcohol, other

26 drug or drugs, intoxicating compound or compounds, or

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LRB102 03109 RLC 41994 a

1 combination thereof. These reporting requirements also

2 apply to individuals adjudicated under the Juvenile Court

3 Act of 1987 based on any offense determined to have been

4 committed in furtherance of the criminal activities of an

5 organized gang, as provided in Section 5-710 of that Act,

6 if those activities involved the operation or use of a

7 motor vehicle. It shall be the duty of the clerk of the

8 court in which adjudication is had within 5 days

9 thereafter to forward to the Secretary of State a report

10 of the adjudication and the court order requiring the

11 Secretary of State to suspend the minor's driver's license

12 and driving privilege for such time as determined by the

13 court, but only until he or she attains the age of 18

14 years. All juvenile court dispositions reported to the

15 Secretary of State under this provision shall be processed

16 by the Secretary of State as if the cases had been

17 adjudicated in traffic or criminal court. However,

18 information reported relative to the offense of reckless

19 homicide, or Section 11-501 of this Code, or a similar

20 provision of a local ordinance, shall be privileged and

21 available only to the Secretary of State, courts, and

22 police officers.

23 The reporting requirements of this subsection (a)

24 apply to all violations listed in paragraphs (1) and (2)

25 of this subsection (a), excluding parking violations, when

26 the driver holds a CLP or CDL, regardless of the type of

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LRB102 03109 RLC 41994 a

1 vehicle in which the violation occurred, or when any

2 driver committed the violation in a commercial motor

3 vehicle as defined in Section 6-500 of this Code.

4 (3) Whenever an order is entered vacating the

5 forfeiture of any bail, security or bond given to secure

6 appearance for any offense under this Code or similar

7 offenses under municipal ordinance, it shall be the duty

8 of the clerk of the court in which such vacation was had or

9 the judge of such court if such court has no clerk, within

10 5 days thereafter to forward to the Secretary of State a

11 report of the vacation.

12 (4) A report of any disposition of court supervision

13 for a violation of Sections 6-303, 11-401, 11-501 or a

14 similar provision of a local ordinance, 11-503, 11-504,

15 and 11-506 of this Code, Section 5-7 of the Snowmobile

16 Registration and Safety Act, and Section 5-16 of the Boat

17 Registration and Safety Act shall be forwarded to the

18 Secretary of State. A report of any disposition of court

19 supervision for a violation of an offense defined as a

20 serious traffic violation in this Code or a similar

21 provision of a local ordinance committed by a person under

22 the age of 21 years shall be forwarded to the Secretary of

23 State.

24 (5) Reports of conviction under this Code and

25 sentencing hearings under the Juvenile Court Act of 1987

26 in an electronic format or a computer processible medium

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LRB102 03109 RLC 41994 a

1 shall be forwarded to the Secretary of State via the

2 Supreme Court in the form and format required by the

3 Illinois Supreme Court and established by a written

4 agreement between the Supreme Court and the Secretary of

5 State. In counties with a population over 300,000, instead

6 of forwarding reports to the Supreme Court, reports of

7 conviction under this Code and sentencing hearings under

8 the Juvenile Court Act of 1987 in an electronic format or a

9 computer processible medium may be forwarded to the

10 Secretary of State by the Circuit Court Clerk in a form and

11 format required by the Secretary of State and established

12 by written agreement between the Circuit Court Clerk and

13 the Secretary of State. Failure to forward the reports of

14 conviction or sentencing hearing under the Juvenile Court

15 Act of 1987 as required by this Section shall be deemed an

16 omission of duty and it shall be the duty of the several

17 State's Attorneys to enforce the requirements of this

18 Section.

19 (b) Whenever a restricted driving permit is forwarded to a

20 court, as a result of confiscation by a police officer

21 pursuant to the authority in Section 6-113(f), it shall be the

22 duty of the clerk, or judge, if the court has no clerk, to

23 forward such restricted driving permit and a facsimile of the

24 officer's citation to the Secretary of State as expeditiously

25 as practicable.

26 (c) For the purposes of this Code, a forfeiture of bail or

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1 collateral deposited to secure a defendant's appearance in

2 court when forfeiture has not been vacated, or the failure of a

3 defendant to appear for trial after depositing his driver's

4 license in lieu of other bail, shall be equivalent to a

5 conviction.

6 (d) For the purpose of providing the Secretary of State

7 with records necessary to properly monitor and assess driver

8 performance and assist the courts in the proper disposition of

9 repeat traffic law offenders, the clerk of the court shall

10 forward to the Secretary of State, on a form prescribed by the

11 Secretary, records of a driver's participation in a driver

12 remedial or rehabilitative program which was required, through

13 a court order or court supervision, in relation to the

14 driver's arrest for a violation of Section 11-501 of this Code

15 or a similar provision of a local ordinance. The clerk of the

16 court shall also forward to the Secretary, either on paper or

17 in an electronic format or a computer processible medium as

18 required under paragraph (5) of subsection (a) of this

19 Section, any disposition of court supervision for any traffic

20 violation, excluding those offenses listed in paragraph (2) of

21 subsection (a) of this Section. These reports shall be sent

22 within 5 days after disposition, or, if the driver is referred

23 to a driver remedial or rehabilitative program, within 5 days

24 of the driver's referral to that program. These reports

25 received by the Secretary of State, including those required

26 to be forwarded under paragraph (a)(4), shall be privileged

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LRB102 03109 RLC 41994 a

1 information, available only (i) to the affected driver, (ii)

2 to the parent or guardian of a person under the age of 18 years

3 holding an instruction permit or a graduated driver's license,

4 and (iii) for use by the courts, police officers, prosecuting

5 authorities, the Secretary of State, and the driver licensing

6 administrator of any other state. In accordance with 49 C.F.R.

7 Part 384, all reports of court supervision, except violations

8 related to parking, shall be forwarded to the Secretary of

9 State for all holders of a CLP or CDL or any driver who commits

10 an offense while driving a commercial motor vehicle. These

11 reports shall be recorded to the driver's record as a

12 conviction for use in the disqualification of the driver's

13 commercial motor vehicle privileges and shall not be

14 privileged information.

15 (Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20.)

16 (Text of Section after amendment by P.A. 101-652)

17 Sec. 6-204. When court to forward license and reports.

18 (a) For the purpose of providing to the Secretary of State

19 the records essential to the performance of the Secretary's

20 duties under this Code to cancel, revoke or suspend the

21 driver's license and privilege to drive motor vehicles of

22 certain minors and of persons found guilty of the criminal

23 offenses or traffic violations which this Code recognizes as

24 evidence relating to unfitness to safely operate motor

25 vehicles, the following duties are imposed upon public

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LRB102 03109 RLC 41994 a

1 officials:

2 (1) Whenever any person is convicted of any offense

3 for which this Code makes mandatory the cancellation or

4 revocation of the driver's license or permit of such

5 person by the Secretary of State, the judge of the court in

6 which such conviction is had shall require the surrender

7 to the clerk of the court of all driver's licenses or

8 permits then held by the person so convicted, and the

9 clerk of the court shall, within 5 days thereafter,

10 forward the same, together with a report of such

11 conviction, to the Secretary.

12 (2) Whenever any person is convicted of any offense

13 under this Code or similar offenses under a municipal

14 ordinance, other than regulations governing standing,

15 parking or weights of vehicles, and excepting the

16 following enumerated Sections of this Code: Sections

17 11-1406 (obstruction to driver's view or control), 11-1407

18 (improper opening of door into traffic), 11-1410 (coasting

19 on downgrade), 11-1411 (following fire apparatus),

20 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving

21 vehicle which is in unsafe condition or improperly

22 equipped), 12-201(a) (daytime lights on motorcycles),

23 12-202 (clearance, identification and side marker lamps),

24 12-204 (lamp or flag on projecting load), 12-205 (failure

25 to display the safety lights required), 12-401

26 (restrictions as to tire equipment), 12-502 (mirrors),

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LRB102 03109 RLC 41994 a

1 12-503 (windshields must be unobstructed and equipped with

2 wipers), 12-601 (horns and warning devices), 12-602

3 (mufflers, prevention of noise or smoke), 12-603 (seat

4 safety belts), 12-702 (certain vehicles to carry flares or

5 other warning devices), 12-703 (vehicles for oiling roads

6 operated on highways), 12-710 (splash guards and

7 replacements), 13-101 (safety tests), 15-101 (size, weight

8 and load), 15-102 (width), 15-103 (height), 15-104 (name

9 and address on second division vehicles), 15-107 (length

10 of vehicle), 15-109.1 (cover or tarpaulin), 15-111

11 (weights), 15-112 (weights), 15-301 (weights), 15-316

12 (weights), 15-318 (weights), and also excepting the

13 following enumerated Sections of the Chicago Municipal

14 Code: Sections 27-245 (following fire apparatus), 27-254

15 (obstruction of traffic), 27-258 (driving vehicle which is

16 in unsafe condition), 27-259 (coasting on downgrade),

17 27-264 (use of horns and signal devices), 27-265

18 (obstruction to driver's view or driver mechanism), 27-267

19 (dimming of headlights), 27-268 (unattended motor

20 vehicle), 27-272 (illegal funeral procession), 27-273

21 (funeral procession on boulevard), 27-275 (driving freight

22 hauling vehicles on boulevard), 27-276 (stopping and

23 standing of buses or taxicabs), 27-277 (cruising of public

24 passenger vehicles), 27-305 (parallel parking), 27-306

25 (diagonal parking), 27-307 (parking not to obstruct

26 traffic), 27-308 (stopping, standing or parking

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1 regulated), 27-311 (parking regulations), 27-312 (parking

2 regulations), 27-313 (parking regulations), 27-314

3 (parking regulations), 27-315 (parking regulations),

4 27-316 (parking regulations), 27-317 (parking

5 regulations), 27-318 (parking regulations), 27-319

6 (parking regulations), 27-320 (parking regulations),

7 27-321 (parking regulations), 27-322 (parking

8 regulations), 27-324 (loading and unloading at an angle),

9 27-333 (wheel and axle loads), 27-334 (load restrictions

10 in the downtown district), 27-335 (load restrictions in

11 residential areas), 27-338 (width of vehicles), 27-339

12 (height of vehicles), 27-340 (length of vehicles), 27-352

13 (reflectors on trailers), 27-353 (mufflers), 27-354

14 (display of plates), 27-355 (display of city vehicle tax

15 sticker), 27-357 (identification of vehicles), 27-358

16 (projecting of loads), and also excepting the following

17 enumerated paragraphs of Section 2-201 of the Rules and

18 Regulations of the Illinois State Toll Highway Authority:

19 (l) (driving unsafe vehicle on tollway), (m) (vehicles

20 transporting dangerous cargo not properly indicated), it

21 shall be the duty of the clerk of the court in which such

22 conviction is had within 5 days thereafter to forward to

23 the Secretary of State a report of the conviction and the

24 court may recommend the suspension of the driver's license

25 or permit of the person so convicted.

26 The reporting requirements of this subsection shall

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1 apply to all violations stated in paragraphs (1) and (2)

2 of this subsection when the individual has been

3 adjudicated under the Juvenile Court Act or the Juvenile

4 Court Act of 1987. Such reporting requirements shall also

5 apply to individuals adjudicated under the Juvenile Court

6 Act or the Juvenile Court Act of 1987 who have committed a

7 violation of Section 11-501 of this Code, or similar

8 provision of a local ordinance, or Section 9-3 of the

9 Criminal Code of 1961 or the Criminal Code of 2012,

10 relating to the offense of reckless homicide, or Section

11 5-7 of the Snowmobile Registration and Safety Act or

12 Section 5-16 of the Boat Registration and Safety Act,

13 relating to the offense of operating a snowmobile or a

14 watercraft while under the influence of alcohol, other

15 drug or drugs, intoxicating compound or compounds, or

16 combination thereof. These reporting requirements also

17 apply to individuals adjudicated under the Juvenile Court

18 Act of 1987 based on any offense determined to have been

19 committed in furtherance of the criminal activities of an

20 organized gang, as provided in Section 5-710 of that Act,

21 if those activities involved the operation or use of a

22 motor vehicle. It shall be the duty of the clerk of the

23 court in which adjudication is had within 5 days

24 thereafter to forward to the Secretary of State a report

25 of the adjudication and the court order requiring the

26 Secretary of State to suspend the minor's driver's license

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1 and driving privilege for such time as determined by the

2 court, but only until he or she attains the age of 18

3 years. All juvenile court dispositions reported to the

4 Secretary of State under this provision shall be processed

5 by the Secretary of State as if the cases had been

6 adjudicated in traffic or criminal court. However,

7 information reported relative to the offense of reckless

8 homicide, or Section 11-501 of this Code, or a similar

9 provision of a local ordinance, shall be privileged and

10 available only to the Secretary of State, courts, and

11 police officers.

12 The reporting requirements of this subsection (a)

13 apply to all violations listed in paragraphs (1) and (2)

14 of this subsection (a), excluding parking violations, when

15 the driver holds a CLP or CDL, regardless of the type of

16 vehicle in which the violation occurred, or when any

17 driver committed the violation in a commercial motor

18 vehicle as defined in Section 6-500 of this Code.

19 (3) Whenever an order is entered revoking ~~vacating the~~

20 ~~conditions of~~ pretrial release given to secure appearance

21 for any offense under this Code or similar offenses under

22 municipal ordinance, it shall be the duty of the clerk of

23 the court in which such revocation ~~vacation~~ was had or the

24 judge of such court if such court has no clerk, within 5

25 days thereafter to forward to the Secretary of State a

26 report of the revocation ~~vacation~~.

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1 (4) A report of any disposition of court supervision

2 for a violation of Sections 6-303, 11-401, 11-501 or a

3 similar provision of a local ordinance, 11-503, 11-504,

4 and 11-506 of this Code, Section 5-7 of the Snowmobile

5 Registration and Safety Act, and Section 5-16 of the Boat

6 Registration and Safety Act shall be forwarded to the

7 Secretary of State. A report of any disposition of court

8 supervision for a violation of an offense defined as a

9 serious traffic violation in this Code or a similar

10 provision of a local ordinance committed by a person under

11 the age of 21 years shall be forwarded to the Secretary of

12 State.

13 (5) Reports of conviction under this Code and

14 sentencing hearings under the Juvenile Court Act of 1987

15 in an electronic format or a computer processible medium

16 shall be forwarded to the Secretary of State via the

17 Supreme Court in the form and format required by the

18 Illinois Supreme Court and established by a written

19 agreement between the Supreme Court and the Secretary of

20 State. In counties with a population over 300,000, instead

21 of forwarding reports to the Supreme Court, reports of

22 conviction under this Code and sentencing hearings under

23 the Juvenile Court Act of 1987 in an electronic format or a

24 computer processible medium may be forwarded to the

25 Secretary of State by the Circuit Court Clerk in a form and

26 format required by the Secretary of State and established

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1 by written agreement between the Circuit Court Clerk and

2 the Secretary of State. Failure to forward the reports of

3 conviction or sentencing hearing under the Juvenile Court

4 Act of 1987 as required by this Section shall be deemed an

5 omission of duty and it shall be the duty of the several

6 State's Attorneys to enforce the requirements of this

7 Section.

8 (b) Whenever a restricted driving permit is forwarded to a

9 court, as a result of confiscation by a police officer

10 pursuant to the authority in Section 6-113(f), it shall be the

11 duty of the clerk, or judge, if the court has no clerk, to

12 forward such restricted driving permit and a facsimile of the

13 officer's citation to the Secretary of State as expeditiously

14 as practicable.

15 (c) For the purposes of this Code, a revocation of

16 pretrial release that has ~~violation of the conditions of~~

17 ~~pretrial release when the conditions of pretrial release have~~

18 not been vacated, or the failure of a defendant to appear for

19 trial after depositing his driver's license~~in lieu of other~~

20 ~~bail~~, shall be equivalent to a conviction.

21 (d) For the purpose of providing the Secretary of State

22 with records necessary to properly monitor and assess driver

23 performance and assist the courts in the proper disposition of

24 repeat traffic law offenders, the clerk of the court shall

25 forward to the Secretary of State, on a form prescribed by the

26 Secretary, records of a driver's participation in a driver

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1 remedial or rehabilitative program which was required, through

2 a court order or court supervision, in relation to the

3 driver's arrest for a violation of Section 11-501 of this Code

4 or a similar provision of a local ordinance. The clerk of the

5 court shall also forward to the Secretary, either on paper or

6 in an electronic format or a computer processible medium as

7 required under paragraph (5) of subsection (a) of this

8 Section, any disposition of court supervision for any traffic

9 violation, excluding those offenses listed in paragraph (2) of

10 subsection (a) of this Section. These reports shall be sent

11 within 5 days after disposition, or, if the driver is referred

12 to a driver remedial or rehabilitative program, within 5 days

13 of the driver's referral to that program. These reports

14 received by the Secretary of State, including those required

15 to be forwarded under paragraph (a)(4), shall be privileged

16 information, available only (i) to the affected driver, (ii)

17 to the parent or guardian of a person under the age of 18 years

18 holding an instruction permit or a graduated driver's license,

19 and (iii) for use by the courts, police officers, prosecuting

20 authorities, the Secretary of State, and the driver licensing

21 administrator of any other state. In accordance with 49 C.F.R.

22 Part 384, all reports of court supervision, except violations

23 related to parking, shall be forwarded to the Secretary of

24 State for all holders of a CLP or CDL or any driver who commits

25 an offense while driving a commercial motor vehicle. These

26 reports shall be recorded to the driver's record as a

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1 conviction for use in the disqualification of the driver's

2 commercial motor vehicle privileges and shall not be

3 privileged information.

4 (Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20;

5 101-652, eff. 1-1-23.)

6 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)

7 (Text of Section before amendment by P.A. 101-652 and P.A.

8 102-982)

9 Sec. 6-500. Definitions of words and phrases.

10 Notwithstanding the definitions set forth elsewhere in this

11 Code, for purposes of the Uniform Commercial Driver's License

12 Act (UCDLA), the words and phrases listed below have the

13 meanings ascribed to them as follows:

14 (1) Alcohol. "Alcohol" means any substance containing any

15 form of alcohol, including but not limited to ethanol,

16 methanol, propanol, and isopropanol.

17 (2) Alcohol concentration. "Alcohol concentration" means:

18 (A) the number of grams of alcohol per 210 liters of

19 breath; or

20 (B) the number of grams of alcohol per 100 milliliters

21 of blood; or

22 (C) the number of grams of alcohol per 67 milliliters

23 of urine.

24 Alcohol tests administered within 2 hours of the driver

25 being "stopped or detained" shall be considered that driver's

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1 "alcohol concentration" for the purposes of enforcing this

2 UCDLA.

3 (3) (Blank).

4 (4) (Blank).

5 (5) (Blank).

6 (5.3) CDLIS driver record. "CDLIS driver record" means the

7 electronic record of the individual CDL driver's status and

8 history stored by the State-of-Record as part of the

9 Commercial Driver's License Information System, or CDLIS,

10 established under 49 U.S.C. 31309.

11 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle

12 record" or "CDLIS MVR" means a report generated from the CDLIS

13 driver record meeting the requirements for access to CDLIS

14 information and provided by states to users authorized in 49

15 C.F.R. 384.225(e)(3) and (4), subject to the provisions of the

16 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

17 (5.7) Commercial driver's license downgrade. "Commercial

18 driver's license downgrade" or "CDL downgrade" means either:

19 (A) a state allows the driver to change his or her

20 self-certification to interstate, but operating

21 exclusively in transportation or operation excepted from

22 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

23 391.2, 391.68, or 398.3;

24 (B) a state allows the driver to change his or her

25 self-certification to intrastate only, if the driver

26 qualifies under that state's physical qualification

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1 requirements for intrastate only;

2 (C) a state allows the driver to change his or her

3 certification to intrastate, but operating exclusively in

4 transportation or operations excepted from all or part of

5 the state driver qualification requirements; or

6 (D) a state removes the CDL privilege from the driver

7 license.

8 (6) Commercial Motor Vehicle.

9 (A) "Commercial motor vehicle" or "CMV" means a motor

10 vehicle or combination of motor vehicles used in commerce,

11 except those referred to in subdivision (B), designed to

12 transport passengers or property if the motor vehicle:

13 (i) has a gross combination weight rating or gross

14 combination weight of 11,794 kilograms or more (26,001

15 pounds or more), whichever is greater, inclusive of

16 any towed unit with a gross vehicle weight rating or

17 gross vehicle weight of more than 4,536 kilograms

18 (10,000 pounds), whichever is greater; or

19 (i-5) has a gross vehicle weight rating or gross

20 vehicle weight of 11,794 or more kilograms (26,001

21 pounds or more), whichever is greater; or

22 (ii) is designed to transport 16 or more persons,

23 including the driver; or

24 (iii) is of any size and is used in transporting

25 hazardous materials as defined in 49 C.F.R. 383.5.

26 (B) Pursuant to the interpretation of the Commercial

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1 Motor Vehicle Safety Act of 1986 by the Federal Highway

2 Administration, the definition of "commercial motor

3 vehicle" does not include:

4 (i) recreational vehicles, when operated primarily

5 for personal use;

6 (ii) vehicles owned by or operated under the

7 direction of the United States Department of Defense

8 or the United States Coast Guard only when operated by

9 non-civilian personnel. This includes any operator on

10 active military duty; members of the Reserves;

11 National Guard; personnel on part-time training; and

12 National Guard military technicians (civilians who are

13 required to wear military uniforms and are subject to

14 the Code of Military Justice); or

15 (iii) firefighting, police, and other emergency

16 equipment (including, without limitation, equipment

17 owned or operated by a HazMat or technical rescue team

18 authorized by a county board under Section 5-1127 of

19 the Counties Code), with audible and visual signals,

20 owned or operated by or for a governmental entity,

21 which is necessary to the preservation of life or

22 property or the execution of emergency governmental

23 functions which are normally not subject to general

24 traffic rules and regulations.

25 (7) Controlled Substance. "Controlled substance" shall

26 have the same meaning as defined in Section 102 of the Illinois

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1 Controlled Substances Act, and shall also include cannabis as

2 defined in Section 3 of the Cannabis Control Act and

3 methamphetamine as defined in Section 10 of the

4 Methamphetamine Control and Community Protection Act.

5 (8) Conviction. "Conviction" means an unvacated

6 adjudication of guilt or a determination that a person has

7 violated or failed to comply with the law in a court of

8 original jurisdiction or by an authorized administrative

9 tribunal; an unvacated forfeiture of bail or collateral

10 deposited to secure the person's appearance in court; a plea

11 of guilty or nolo contendere accepted by the court; the

12 payment of a fine or court cost regardless of whether the

13 imposition of sentence is deferred and ultimately a judgment

14 dismissing the underlying charge is entered; or a violation of

15 a condition of release without bail, regardless of whether or

16 not the penalty is rebated, suspended or probated.

17 (8.5) Day. "Day" means calendar day.

18 (9) (Blank).

19 (10) (Blank).

20 (11) (Blank).

21 (12) (Blank).

22 (13) Driver. "Driver" means any person who drives,

23 operates, or is in physical control of a commercial motor

24 vehicle, any person who is required to hold a CDL, or any

25 person who is a holder of a CDL while operating a

26 non-commercial motor vehicle.

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1 (13.5) Driver applicant. "Driver applicant" means an

2 individual who applies to a state or other jurisdiction to

3 obtain, transfer, upgrade, or renew a CDL or to obtain or renew

4 a CLP.

5 (13.8) Electronic device. "Electronic device" includes,

6 but is not limited to, a cellular telephone, personal digital

7 assistant, pager, computer, or any other device used to input,

8 write, send, receive, or read text.

9 (14) Employee. "Employee" means a person who is employed

10 as a commercial motor vehicle driver. A person who is

11 self-employed as a commercial motor vehicle driver must comply

12 with the requirements of this UCDLA pertaining to employees.

13 An owner-operator on a long-term lease shall be considered an

14 employee.

15 (15) Employer. "Employer" means a person (including the

16 United States, a State or a local authority) who owns or leases

17 a commercial motor vehicle or assigns employees to operate

18 such a vehicle. A person who is self-employed as a commercial

19 motor vehicle driver must comply with the requirements of this

20 UCDLA.

21 (15.1) Endorsement. "Endorsement" means an authorization

22 to an individual's CLP or CDL required to permit the

23 individual to operate certain types of commercial motor

24 vehicles.

25 (15.2) Entry-level driver training. "Entry-level driver

26 training" means the training an entry-level driver receives

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1 from an entity listed on the Federal Motor Carrier Safety

2 Administration's Training Provider Registry prior to: (i)

3 taking the CDL skills test required to receive the Class A or

4 Class B CDL for the first time; (ii) taking the CDL skills test

5 required to upgrade to a Class A or Class B CDL; or (iii)

6 taking the CDL skills test required to obtain a passenger or

7 school bus endorsement for the first time or the CDL knowledge

8 test required to obtain a hazardous materials endorsement for

9 the first time.

10 (15.3) Excepted interstate. "Excepted interstate" means a

11 person who operates or expects to operate in interstate

12 commerce, but engages exclusively in transportation or

13 operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,

14 or 398.3 from all or part of the qualification requirements of

15 49 C.F.R. Part 391 and is not required to obtain a medical

16 examiner's certificate by 49 C.F.R. 391.45.

17 (15.5) Excepted intrastate. "Excepted intrastate" means a

18 person who operates in intrastate commerce but engages

19 exclusively in transportation or operations excepted from all

20 or parts of the state driver qualification requirements.

21 (16) (Blank).

22 (16.5) Fatality. "Fatality" means the death of a person as

23 a result of a motor vehicle accident.

24 (16.7) Foreign commercial driver. "Foreign commercial

25 driver" means a person licensed to operate a commercial motor

26 vehicle by an authority outside the United States, or a

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1 citizen of a foreign country who operates a commercial motor

2 vehicle in the United States.

3 (17) Foreign jurisdiction. "Foreign jurisdiction" means a

4 sovereign jurisdiction that does not fall within the

5 definition of "State".

6 (18) (Blank).

7 (19) (Blank).

8 (20) Hazardous materials. "Hazardous material" means any

9 material that has been designated under 49 U.S.C. 5103 and is

10 required to be placarded under subpart F of 49 C.F.R. part 172

11 or any quantity of a material listed as a select agent or toxin

12 in 42 C.F.R. part 73.

13 (20.5) Imminent Hazard. "Imminent hazard" means the

14 existence of any condition of a vehicle, employee, or

15 commercial motor vehicle operations that substantially

16 increases the likelihood of serious injury or death if not

17 discontinued immediately; or a condition relating to hazardous

18 material that presents a substantial likelihood that death,

19 serious illness, severe personal injury, or a substantial

20 endangerment to health, property, or the environment may occur

21 before the reasonably foreseeable completion date of a formal

22 proceeding begun to lessen the risk of that death, illness,

23 injury or endangerment.

24 (20.6) Issuance. "Issuance" means initial issuance,

25 transfer, renewal, or upgrade of a CLP or CDL and

26 non-domiciled CLP or CDL.

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1 (20.7) Issue. "Issue" means initial issuance, transfer,

2 renewal, or upgrade of a CLP or CDL and non-domiciled CLP or

3 non-domiciled CDL.

4 (21) Long-term lease. "Long-term lease" means a lease of a

5 commercial motor vehicle by the owner-lessor to a lessee, for

6 a period of more than 29 days.

7 (21.01) Manual transmission. "Manual transmission" means a

8 transmission utilizing a driver-operated clutch that is

9 activated by a pedal or lever and a gear-shift mechanism

10 operated either by hand or foot including those known as a

11 stick shift, stick, straight drive, or standard transmission.

12 All other transmissions, whether semi-automatic or automatic,

13 shall be considered automatic for the purposes of the

14 standardized restriction code.

15 (21.1) Medical examiner. "Medical examiner" means an

16 individual certified by the Federal Motor Carrier Safety

17 Administration and listed on the National Registry of

18 Certified Medical Examiners in accordance with Federal Motor

19 Carrier Safety Regulations, 49 CFR 390.101 et seq.

20 (21.2) Medical examiner's certificate. "Medical examiner's

21 certificate" means either (1) prior to June 22, 2021, a

22 document prescribed or approved by the Secretary of State that

23 is issued by a medical examiner to a driver to medically

24 qualify him or her to drive; or (2) beginning June 22, 2021, an

25 electronic submission of results of an examination conducted

26 by a medical examiner listed on the National Registry of

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1 Certified Medical Examiners to the Federal Motor Carrier

2 Safety Administration of a driver to medically qualify him or

3 her to drive.

4 (21.5) Medical variance. "Medical variance" means a driver

5 has received one of the following from the Federal Motor

6 Carrier Safety Administration which allows the driver to be

7 issued a medical certificate: (1) an exemption letter

8 permitting operation of a commercial motor vehicle pursuant to

9 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a

10 skill performance evaluation (SPE) certificate permitting

11 operation of a commercial motor vehicle pursuant to 49 C.F.R.

12 391.49.

13 (21.7) Mobile telephone. "Mobile telephone" means a mobile

14 communication device that falls under or uses any commercial

15 mobile radio service, as defined in regulations of the Federal

16 Communications Commission, 47 CFR 20.3. It does not include

17 two-way or citizens band radio services.

18 (22) Motor Vehicle. "Motor vehicle" means every vehicle

19 which is self-propelled, and every vehicle which is propelled

20 by electric power obtained from over head trolley wires but

21 not operated upon rails, except vehicles moved solely by human

22 power and motorized wheel chairs.

23 (22.2) Motor vehicle record. "Motor vehicle record" means

24 a report of the driving status and history of a driver

25 generated from the driver record provided to users, such as

26 drivers or employers, and is subject to the provisions of the

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1 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

2 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or

3 combination of motor vehicles not defined by the term

4 "commercial motor vehicle" or "CMV" in this Section.

5 (22.7) Non-excepted interstate. "Non-excepted interstate"

6 means a person who operates or expects to operate in

7 interstate commerce, is subject to and meets the qualification

8 requirements under 49 C.F.R. Part 391, and is required to

9 obtain a medical examiner's certificate by 49 C.F.R. 391.45.

10 (22.8) Non-excepted intrastate. "Non-excepted intrastate"

11 means a person who operates only in intrastate commerce and is

12 subject to State driver qualification requirements.

13 (23) Non-domiciled CLP or Non-domiciled CDL.

14 "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,

15 respectively, issued by a state or other jurisdiction under

16 either of the following two conditions:

17 (i) to an individual domiciled in a foreign country

18 meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.

19 of the Federal Motor Carrier Safety Administration.

20 (ii) to an individual domiciled in another state

21 meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.

22 of the Federal Motor Carrier Safety Administration.

23 (24) (Blank).

24 (25) (Blank).

25 (25.5) Railroad-Highway Grade Crossing Violation.

26 "Railroad-highway grade crossing violation" means a violation,

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1 while operating a commercial motor vehicle, of any of the

2 following:

3 (A) Section 11-1201, 11-1202, or 11-1425 of this Code.

4 (B) Any other similar law or local ordinance of any

5 state relating to railroad-highway grade crossing.

6 (25.7) School Bus. "School bus" means a commercial motor

7 vehicle used to transport pre-primary, primary, or secondary

8 school students from home to school, from school to home, or to

9 and from school-sponsored events. "School bus" does not

10 include a bus used as a common carrier.

11 (26) Serious Traffic Violation. "Serious traffic

12 violation" means:

13 (A) a conviction when operating a commercial motor

14 vehicle, or when operating a non-CMV while holding a CLP

15 or CDL, of:

16 (i) a violation relating to excessive speeding,

17 involving a single speeding charge of 15 miles per

18 hour or more above the legal speed limit; or

19 (ii) a violation relating to reckless driving; or

20 (iii) a violation of any State law or local

21 ordinance relating to motor vehicle traffic control

22 (other than parking violations) arising in connection

23 with a fatal traffic accident; or

24 (iv) a violation of Section 6-501, relating to

25 having multiple driver's licenses; or

26 (v) a violation of paragraph (a) of Section 6-507,

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1 relating to the requirement to have a valid CLP or CDL;

2 or

3 (vi) a violation relating to improper or erratic

4 traffic lane changes; or

5 (vii) a violation relating to following another

6 vehicle too closely; or

7 (viii) a violation relating to texting while

8 driving; or

9 (ix) a violation relating to the use of a

10 hand-held mobile telephone while driving; or

11 (B) any other similar violation of a law or local

12 ordinance of any state relating to motor vehicle traffic

13 control, other than a parking violation, which the

14 Secretary of State determines by administrative rule to be

15 serious.

16 (27) State. "State" means a state of the United States,

17 the District of Columbia and any province or territory of

18 Canada.

19 (28) (Blank).

20 (29) (Blank).

21 (30) (Blank).

22 (31) (Blank).

23 (32) Texting. "Texting" means manually entering

24 alphanumeric text into, or reading text from, an electronic

25 device.

26 (1) Texting includes, but is not limited to, short

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1 message service, emailing, instant messaging, a command or

2 request to access a World Wide Web page, pressing more

3 than a single button to initiate or terminate a voice

4 communication using a mobile telephone, or engaging in any

5 other form of electronic text retrieval or entry for

6 present or future communication.

7 (2) Texting does not include:

8 (i) inputting, selecting, or reading information

9 on a global positioning system or navigation system;

10 or

11 (ii) pressing a single button to initiate or

12 terminate a voice communication using a mobile

13 telephone; or

14 (iii) using a device capable of performing

15 multiple functions (for example, a fleet management

16 system, dispatching device, smart phone, citizens band

17 radio, or music player) for a purpose that is not

18 otherwise prohibited by Part 392 of the Federal Motor

19 Carrier Safety Regulations.

20 (32.3) Third party skills test examiner. "Third party

21 skills test examiner" means a person employed by a third party

22 tester who is authorized by the State to administer the CDL

23 skills tests specified in 49 C.F.R. Part 383, subparts G and H.

24 (32.5) Third party tester. "Third party tester" means a

25 person (including, but not limited to, another state, a motor

26 carrier, a private driver training facility or other private

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1 institution, or a department, agency, or instrumentality of a

2 local government) authorized by the State to employ skills

3 test examiners to administer the CDL skills tests specified in

4 49 C.F.R. Part 383, subparts G and H.

5 (32.7) United States. "United States" means the 50 states

6 and the District of Columbia.

7 (33) Use a hand-held mobile telephone. "Use a hand-held

8 mobile telephone" means:

9 (1) using at least one hand to hold a mobile telephone

10 to conduct a voice communication;

11 (2) dialing or answering a mobile telephone by

12 pressing more than a single button; or

13 (3) reaching for a mobile telephone in a manner that

14 requires a driver to maneuver so that he or she is no

15 longer in a seated driving position, restrained by a seat

16 belt that is installed in accordance with 49 CFR 393.93

17 and adjusted in accordance with the vehicle manufacturer's

18 instructions.

19 (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20.)

20 (Text of Section after amendment by P.A. 101-652 but

21 before amendment by P.A. 102-982)

22 Sec. 6-500. Definitions of words and phrases.

23 Notwithstanding the definitions set forth elsewhere in this

24 Code, for purposes of the Uniform Commercial Driver's License

25 Act (UCDLA), the words and phrases listed below have the

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1 meanings ascribed to them as follows:

2 (1) Alcohol. "Alcohol" means any substance containing any

3 form of alcohol, including but not limited to ethanol,

4 methanol, propanol, and isopropanol.

5 (2) Alcohol concentration. "Alcohol concentration" means:

6 (A) the number of grams of alcohol per 210 liters of

7 breath; or

8 (B) the number of grams of alcohol per 100 milliliters

9 of blood; or

10 (C) the number of grams of alcohol per 67 milliliters

11 of urine.

12 Alcohol tests administered within 2 hours of the driver

13 being "stopped or detained" shall be considered that driver's

14 "alcohol concentration" for the purposes of enforcing this

15 UCDLA.

16 (3) (Blank).

17 (4) (Blank).

18 (5) (Blank).

19 (5.3) CDLIS driver record. "CDLIS driver record" means the

20 electronic record of the individual CDL driver's status and

21 history stored by the State-of-Record as part of the

22 Commercial Driver's License Information System, or CDLIS,

23 established under 49 U.S.C. 31309.

24 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle

25 record" or "CDLIS MVR" means a report generated from the CDLIS

26 driver record meeting the requirements for access to CDLIS

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1 information and provided by states to users authorized in 49

2 C.F.R. 384.225(e)(3) and (4), subject to the provisions of the

3 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

4 (5.7) Commercial driver's license downgrade. "Commercial

5 driver's license downgrade" or "CDL downgrade" means either:

6 (A) a state allows the driver to change his or her

7 self-certification to interstate, but operating

8 exclusively in transportation or operation excepted from

9 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

10 391.2, 391.68, or 398.3;

11 (B) a state allows the driver to change his or her

12 self-certification to intrastate only, if the driver

13 qualifies under that state's physical qualification

14 requirements for intrastate only;

15 (C) a state allows the driver to change his or her

16 certification to intrastate, but operating exclusively in

17 transportation or operations excepted from all or part of

18 the state driver qualification requirements; or

19 (D) a state removes the CDL privilege from the driver

20 license.

21 (6) Commercial Motor Vehicle.

22 (A) "Commercial motor vehicle" or "CMV" means a motor

23 vehicle or combination of motor vehicles used in commerce,

24 except those referred to in subdivision (B), designed to

25 transport passengers or property if the motor vehicle:

26 (i) has a gross combination weight rating or gross

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1 combination weight of 11,794 kilograms or more (26,001

2 pounds or more), whichever is greater, inclusive of

3 any towed unit with a gross vehicle weight rating or

4 gross vehicle weight of more than 4,536 kilograms

5 (10,000 pounds), whichever is greater; or

6 (i-5) has a gross vehicle weight rating or gross

7 vehicle weight of 11,794 or more kilograms (26,001

8 pounds or more), whichever is greater; or

9 (ii) is designed to transport 16 or more persons,

10 including the driver; or

11 (iii) is of any size and is used in transporting

12 hazardous materials as defined in 49 C.F.R. 383.5.

13 (B) Pursuant to the interpretation of the Commercial

14 Motor Vehicle Safety Act of 1986 by the Federal Highway

15 Administration, the definition of "commercial motor

16 vehicle" does not include:

17 (i) recreational vehicles, when operated primarily

18 for personal use;

19 (ii) vehicles owned by or operated under the

20 direction of the United States Department of Defense

21 or the United States Coast Guard only when operated by

22 non-civilian personnel. This includes any operator on

23 active military duty; members of the Reserves;

24 National Guard; personnel on part-time training; and

25 National Guard military technicians (civilians who are

26 required to wear military uniforms and are subject to

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1 the Code of Military Justice); or

2 (iii) firefighting, police, and other emergency

3 equipment (including, without limitation, equipment

4 owned or operated by a HazMat or technical rescue team

5 authorized by a county board under Section 5-1127 of

6 the Counties Code), with audible and visual signals,

7 owned or operated by or for a governmental entity,

8 which is necessary to the preservation of life or

9 property or the execution of emergency governmental

10 functions which are normally not subject to general

11 traffic rules and regulations.

12 (7) Controlled Substance. "Controlled substance" shall

13 have the same meaning as defined in Section 102 of the Illinois

14 Controlled Substances Act, and shall also include cannabis as

15 defined in Section 3 of the Cannabis Control Act and

16 methamphetamine as defined in Section 10 of the

17 Methamphetamine Control and Community Protection Act.

18 (8) Conviction. "Conviction" means an unvacated

19 adjudication of guilt or a determination that a person has

20 violated or failed to comply with the law in a court of

21 original jurisdiction or by an authorized administrative

22 tribunal; an unvacated revocation of pretrial release ~~or~~

23 ~~forfeiture of bail or collateral deposited to secure the~~

24 ~~person's appearance in court~~; a plea of guilty or nolo

25 contendere accepted by the court; or the payment of a fine or

26 court cost regardless of whether the imposition of sentence is

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1 deferred and ultimately a judgment dismissing the underlying

2 charge is entered~~; or a violation of a condition of pretrial~~

3 ~~release without bail, regardless of whether or not the penalty~~

4 ~~is rebated, suspended or probated~~.

5 (8.5) Day. "Day" means calendar day.

6 (9) (Blank).

7 (10) (Blank).

8 (11) (Blank).

9 (12) (Blank).

10 (13) Driver. "Driver" means any person who drives,

11 operates, or is in physical control of a commercial motor

12 vehicle, any person who is required to hold a CDL, or any

13 person who is a holder of a CDL while operating a

14 non-commercial motor vehicle.

15 (13.5) Driver applicant. "Driver applicant" means an

16 individual who applies to a state or other jurisdiction to

17 obtain, transfer, upgrade, or renew a CDL or to obtain or renew

18 a CLP.

19 (13.8) Electronic device. "Electronic device" includes,

20 but is not limited to, a cellular telephone, personal digital

21 assistant, pager, computer, or any other device used to input,

22 write, send, receive, or read text.

23 (14) Employee. "Employee" means a person who is employed

24 as a commercial motor vehicle driver. A person who is

25 self-employed as a commercial motor vehicle driver must comply

26 with the requirements of this UCDLA pertaining to employees.

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1 An owner-operator on a long-term lease shall be considered an

2 employee.

3 (15) Employer. "Employer" means a person (including the

4 United States, a State or a local authority) who owns or leases

5 a commercial motor vehicle or assigns employees to operate

6 such a vehicle. A person who is self-employed as a commercial

7 motor vehicle driver must comply with the requirements of this

8 UCDLA.

9 (15.1) Endorsement. "Endorsement" means an authorization

10 to an individual's CLP or CDL required to permit the

11 individual to operate certain types of commercial motor

12 vehicles.

13 (15.2) Entry-level driver training. "Entry-level driver

14 training" means the training an entry-level driver receives

15 from an entity listed on the Federal Motor Carrier Safety

16 Administration's Training Provider Registry prior to: (i)

17 taking the CDL skills test required to receive the Class A or

18 Class B CDL for the first time; (ii) taking the CDL skills test

19 required to upgrade to a Class A or Class B CDL; or (iii)

20 taking the CDL skills test required to obtain a passenger or

21 school bus endorsement for the first time or the CDL knowledge

22 test required to obtain a hazardous materials endorsement for

23 the first time.

24 (15.3) Excepted interstate. "Excepted interstate" means a

25 person who operates or expects to operate in interstate

26 commerce, but engages exclusively in transportation or

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1 operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,

2 or 398.3 from all or part of the qualification requirements of

3 49 C.F.R. Part 391 and is not required to obtain a medical

4 examiner's certificate by 49 C.F.R. 391.45.

5 (15.5) Excepted intrastate. "Excepted intrastate" means a

6 person who operates in intrastate commerce but engages

7 exclusively in transportation or operations excepted from all

8 or parts of the state driver qualification requirements.

9 (16) (Blank).

10 (16.5) Fatality. "Fatality" means the death of a person as

11 a result of a motor vehicle accident.

12 (16.7) Foreign commercial driver. "Foreign commercial

13 driver" means a person licensed to operate a commercial motor

14 vehicle by an authority outside the United States, or a

15 citizen of a foreign country who operates a commercial motor

16 vehicle in the United States.

17 (17) Foreign jurisdiction. "Foreign jurisdiction" means a

18 sovereign jurisdiction that does not fall within the

19 definition of "State".

20 (18) (Blank).

21 (19) (Blank).

22 (20) Hazardous materials. "Hazardous material" means any

23 material that has been designated under 49 U.S.C. 5103 and is

24 required to be placarded under subpart F of 49 C.F.R. part 172

25 or any quantity of a material listed as a select agent or toxin

26 in 42 C.F.R. part 73.

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1 (20.5) Imminent Hazard. "Imminent hazard" means the

2 existence of any condition of a vehicle, employee, or

3 commercial motor vehicle operations that substantially

4 increases the likelihood of serious injury or death if not

5 discontinued immediately; or a condition relating to hazardous

6 material that presents a substantial likelihood that death,

7 serious illness, severe personal injury, or a substantial

8 endangerment to health, property, or the environment may occur

9 before the reasonably foreseeable completion date of a formal

10 proceeding begun to lessen the risk of that death, illness,

11 injury or endangerment.

12 (20.6) Issuance. "Issuance" means initial issuance,

13 transfer, renewal, or upgrade of a CLP or CDL and

14 non-domiciled CLP or CDL.

15 (20.7) Issue. "Issue" means initial issuance, transfer,

16 renewal, or upgrade of a CLP or CDL and non-domiciled CLP or

17 non-domiciled CDL.

18 (21) Long-term lease. "Long-term lease" means a lease of a

19 commercial motor vehicle by the owner-lessor to a lessee, for

20 a period of more than 29 days.

21 (21.01) Manual transmission. "Manual transmission" means a

22 transmission utilizing a driver-operated clutch that is

23 activated by a pedal or lever and a gear-shift mechanism

24 operated either by hand or foot including those known as a

25 stick shift, stick, straight drive, or standard transmission.

26 All other transmissions, whether semi-automatic or automatic,

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1 shall be considered automatic for the purposes of the

2 standardized restriction code.

3 (21.1) Medical examiner. "Medical examiner" means an

4 individual certified by the Federal Motor Carrier Safety

5 Administration and listed on the National Registry of

6 Certified Medical Examiners in accordance with Federal Motor

7 Carrier Safety Regulations, 49 CFR 390.101 et seq.

8 (21.2) Medical examiner's certificate. "Medical examiner's

9 certificate" means either (1) prior to June 22, 2021, a

10 document prescribed or approved by the Secretary of State that

11 is issued by a medical examiner to a driver to medically

12 qualify him or her to drive; or (2) beginning June 22, 2021, an

13 electronic submission of results of an examination conducted

14 by a medical examiner listed on the National Registry of

15 Certified Medical Examiners to the Federal Motor Carrier

16 Safety Administration of a driver to medically qualify him or

17 her to drive.

18 (21.5) Medical variance. "Medical variance" means a driver

19 has received one of the following from the Federal Motor

20 Carrier Safety Administration which allows the driver to be

21 issued a medical certificate: (1) an exemption letter

22 permitting operation of a commercial motor vehicle pursuant to

23 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a

24 skill performance evaluation (SPE) certificate permitting

25 operation of a commercial motor vehicle pursuant to 49 C.F.R.

26 391.49.

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1 (21.7) Mobile telephone. "Mobile telephone" means a mobile

2 communication device that falls under or uses any commercial

3 mobile radio service, as defined in regulations of the Federal

4 Communications Commission, 47 CFR 20.3. It does not include

5 two-way or citizens band radio services.

6 (22) Motor Vehicle. "Motor vehicle" means every vehicle

7 which is self-propelled, and every vehicle which is propelled

8 by electric power obtained from over head trolley wires but

9 not operated upon rails, except vehicles moved solely by human

10 power and motorized wheel chairs.

11 (22.2) Motor vehicle record. "Motor vehicle record" means

12 a report of the driving status and history of a driver

13 generated from the driver record provided to users, such as

14 drivers or employers, and is subject to the provisions of the

15 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

16 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or

17 combination of motor vehicles not defined by the term

18 "commercial motor vehicle" or "CMV" in this Section.

19 (22.7) Non-excepted interstate. "Non-excepted interstate"

20 means a person who operates or expects to operate in

21 interstate commerce, is subject to and meets the qualification

22 requirements under 49 C.F.R. Part 391, and is required to

23 obtain a medical examiner's certificate by 49 C.F.R. 391.45.

24 (22.8) Non-excepted intrastate. "Non-excepted intrastate"

25 means a person who operates only in intrastate commerce and is

26 subject to State driver qualification requirements.

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1 (23) Non-domiciled CLP or Non-domiciled CDL.

2 "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,

3 respectively, issued by a state or other jurisdiction under

4 either of the following two conditions:

5 (i) to an individual domiciled in a foreign country

6 meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.

7 of the Federal Motor Carrier Safety Administration.

8 (ii) to an individual domiciled in another state

9 meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.

10 of the Federal Motor Carrier Safety Administration.

11 (24) (Blank).

12 (25) (Blank).

13 (25.5) Railroad-Highway Grade Crossing Violation.

14 "Railroad-highway grade crossing violation" means a violation,

15 while operating a commercial motor vehicle, of any of the

16 following:

17 (A) Section 11-1201, 11-1202, or 11-1425 of this Code.

18 (B) Any other similar law or local ordinance of any

19 state relating to railroad-highway grade crossing.

20 (25.7) School Bus. "School bus" means a commercial motor

21 vehicle used to transport pre-primary, primary, or secondary

22 school students from home to school, from school to home, or to

23 and from school-sponsored events. "School bus" does not

24 include a bus used as a common carrier.

25 (26) Serious Traffic Violation. "Serious traffic

26 violation" means:

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1 (A) a conviction when operating a commercial motor

2 vehicle, or when operating a non-CMV while holding a CLP

3 or CDL, of:

4 (i) a violation relating to excessive speeding,

5 involving a single speeding charge of 15 miles per

6 hour or more above the legal speed limit; or

7 (ii) a violation relating to reckless driving; or

8 (iii) a violation of any State law or local

9 ordinance relating to motor vehicle traffic control

10 (other than parking violations) arising in connection

11 with a fatal traffic accident; or

12 (iv) a violation of Section 6-501, relating to

13 having multiple driver's licenses; or

14 (v) a violation of paragraph (a) of Section 6-507,

15 relating to the requirement to have a valid CLP or CDL;

16 or

17 (vi) a violation relating to improper or erratic

18 traffic lane changes; or

19 (vii) a violation relating to following another

20 vehicle too closely; or

21 (viii) a violation relating to texting while

22 driving; or

23 (ix) a violation relating to the use of a

24 hand-held mobile telephone while driving; or

25 (B) any other similar violation of a law or local

26 ordinance of any state relating to motor vehicle traffic

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1 control, other than a parking violation, which the

2 Secretary of State determines by administrative rule to be

3 serious.

4 (27) State. "State" means a state of the United States,

5 the District of Columbia and any province or territory of

6 Canada.

7 (28) (Blank).

8 (29) (Blank).

9 (30) (Blank).

10 (31) (Blank).

11 (32) Texting. "Texting" means manually entering

12 alphanumeric text into, or reading text from, an electronic

13 device.

14 (1) Texting includes, but is not limited to, short

15 message service, emailing, instant messaging, a command or

16 request to access a World Wide Web page, pressing more

17 than a single button to initiate or terminate a voice

18 communication using a mobile telephone, or engaging in any

19 other form of electronic text retrieval or entry for

20 present or future communication.

21 (2) Texting does not include:

22 (i) inputting, selecting, or reading information

23 on a global positioning system or navigation system;

24 or

25 (ii) pressing a single button to initiate or

26 terminate a voice communication using a mobile

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LRB102 03109 RLC 41994 a

1 telephone; or

2 (iii) using a device capable of performing

3 multiple functions (for example, a fleet management

4 system, dispatching device, smart phone, citizens band

5 radio, or music player) for a purpose that is not

6 otherwise prohibited by Part 392 of the Federal Motor

7 Carrier Safety Regulations.

8 (32.3) Third party skills test examiner. "Third party

9 skills test examiner" means a person employed by a third party

10 tester who is authorized by the State to administer the CDL

11 skills tests specified in 49 C.F.R. Part 383, subparts G and H.

12 (32.5) Third party tester. "Third party tester" means a

13 person (including, but not limited to, another state, a motor

14 carrier, a private driver training facility or other private

15 institution, or a department, agency, or instrumentality of a

16 local government) authorized by the State to employ skills

17 test examiners to administer the CDL skills tests specified in

18 49 C.F.R. Part 383, subparts G and H.

19 (32.7) United States. "United States" means the 50 states

20 and the District of Columbia.

21 (33) Use a hand-held mobile telephone. "Use a hand-held

22 mobile telephone" means:

23 (1) using at least one hand to hold a mobile telephone

24 to conduct a voice communication;

25 (2) dialing or answering a mobile telephone by

26 pressing more than a single button; or

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1 (3) reaching for a mobile telephone in a manner that

2 requires a driver to maneuver so that he or she is no

3 longer in a seated driving position, restrained by a seat

4 belt that is installed in accordance with 49 CFR 393.93

5 and adjusted in accordance with the vehicle manufacturer's

6 instructions.

7 (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;

8 101-652, eff. 1-1-23.)

9 (Text of Section after amendment by P.A. 102-982)

10 Sec. 6-500. Definitions of words and phrases.

11 Notwithstanding the definitions set forth elsewhere in this

12 Code, for purposes of the Uniform Commercial Driver's License

13 Act (UCDLA), the words and phrases listed below have the

14 meanings ascribed to them as follows:

15 (1) Alcohol. "Alcohol" means any substance containing any

16 form of alcohol, including but not limited to ethanol,

17 methanol, propanol, and isopropanol.

18 (2) Alcohol concentration. "Alcohol concentration" means:

19 (A) the number of grams of alcohol per 210 liters of

20 breath; or

21 (B) the number of grams of alcohol per 100 milliliters

22 of blood; or

23 (C) the number of grams of alcohol per 67 milliliters

24 of urine.

25 Alcohol tests administered within 2 hours of the driver

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1 being "stopped or detained" shall be considered that driver's

2 "alcohol concentration" for the purposes of enforcing this

3 UCDLA.

4 (3) (Blank).

5 (4) (Blank).

6 (5) (Blank).

7 (5.3) CDLIS driver record. "CDLIS driver record" means the

8 electronic record of the individual CDL driver's status and

9 history stored by the State-of-Record as part of the

10 Commercial Driver's License Information System, or CDLIS,

11 established under 49 U.S.C. 31309.

12 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle

13 record" or "CDLIS MVR" means a report generated from the CDLIS

14 driver record meeting the requirements for access to CDLIS

15 information and provided by states to users authorized in 49

16 C.F.R. 384.225(e)(3) and (4), subject to the provisions of the

17 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

18 (5.7) Commercial driver's license downgrade. "Commercial

19 driver's license downgrade" or "CDL downgrade" means either:

20 (A) a state allows the driver to change his or her

21 self-certification to interstate, but operating

22 exclusively in transportation or operation excepted from

23 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

24 391.2, 391.68, or 398.3;

25 (B) a state allows the driver to change his or her

26 self-certification to intrastate only, if the driver

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1 qualifies under that state's physical qualification

2 requirements for intrastate only;

3 (C) a state allows the driver to change his or her

4 certification to intrastate, but operating exclusively in

5 transportation or operations excepted from all or part of

6 the state driver qualification requirements; or

7 (D) a state removes the CDL privilege from the driver

8 license.

9 (6) Commercial Motor Vehicle.

10 (A) "Commercial motor vehicle" or "CMV" means a motor

11 vehicle or combination of motor vehicles used in commerce,

12 except those referred to in subdivision (B), designed to

13 transport passengers or property if the motor vehicle:

14 (i) has a gross combination weight rating or gross

15 combination weight of 11,794 kilograms or more (26,001

16 pounds or more), whichever is greater, inclusive of

17 any towed unit with a gross vehicle weight rating or

18 gross vehicle weight of more than 4,536 kilograms

19 (10,000 pounds), whichever is greater; or

20 (i-5) has a gross vehicle weight rating or gross

21 vehicle weight of 11,794 or more kilograms (26,001

22 pounds or more), whichever is greater; or

23 (ii) is designed to transport 16 or more persons,

24 including the driver; or

25 (iii) is of any size and is used in transporting

26 hazardous materials as defined in 49 C.F.R. 383.5.

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1 (B) Pursuant to the interpretation of the Commercial

2 Motor Vehicle Safety Act of 1986 by the Federal Highway

3 Administration, the definition of "commercial motor

4 vehicle" does not include:

5 (i) recreational vehicles, when operated primarily

6 for personal use;

7 (ii) vehicles owned by or operated under the

8 direction of the United States Department of Defense

9 or the United States Coast Guard only when operated by

10 non-civilian personnel. This includes any operator on

11 active military duty; members of the Reserves;

12 National Guard; personnel on part-time training; and

13 National Guard military technicians (civilians who are

14 required to wear military uniforms and are subject to

15 the Code of Military Justice); or

16 (iii) firefighting, police, and other emergency

17 equipment (including, without limitation, equipment

18 owned or operated by a HazMat or technical rescue team

19 authorized by a county board under Section 5-1127 of

20 the Counties Code), with audible and visual signals,

21 owned or operated by or for a governmental entity,

22 which is necessary to the preservation of life or

23 property or the execution of emergency governmental

24 functions which are normally not subject to general

25 traffic rules and regulations.

26 (7) Controlled Substance. "Controlled substance" shall

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1 have the same meaning as defined in Section 102 of the Illinois

2 Controlled Substances Act, and shall also include cannabis as

3 defined in Section 3 of the Cannabis Control Act and

4 methamphetamine as defined in Section 10 of the

5 Methamphetamine Control and Community Protection Act.

6 (8) Conviction. "Conviction" means an unvacated

7 adjudication of guilt or a determination that a person has

8 violated or failed to comply with the law in a court of

9 original jurisdiction or by an authorized administrative

10 tribunal; an unvacated revocation of pretrial release ~~or~~

11 ~~forfeiture of bail or collateral deposited to secure the~~

12 ~~person's appearance in court~~; a plea of guilty or nolo

13 contendere accepted by the court; or the payment of a fine or

14 court cost regardless of whether the imposition of sentence is

15 deferred and ultimately a judgment dismissing the underlying

16 charge is entered~~; or a violation of a condition of pretrial~~

17 ~~release without bail, regardless of whether or not the penalty~~

18 ~~is rebated, suspended or probated~~.

19 (8.5) Day. "Day" means calendar day.

20 (9) (Blank).

21 (10) (Blank).

22 (11) (Blank).

23 (12) (Blank).

24 (13) Driver. "Driver" means any person who drives,

25 operates, or is in physical control of a commercial motor

26 vehicle, any person who is required to hold a CDL, or any

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1 person who is a holder of a CDL while operating a

2 non-commercial motor vehicle.

3 (13.5) Driver applicant. "Driver applicant" means an

4 individual who applies to a state or other jurisdiction to

5 obtain, transfer, upgrade, or renew a CDL or to obtain or renew

6 a CLP.

7 (13.8) Electronic device. "Electronic device" includes,

8 but is not limited to, a cellular telephone, personal digital

9 assistant, pager, computer, or any other device used to input,

10 write, send, receive, or read text.

11 (14) Employee. "Employee" means a person who is employed

12 as a commercial motor vehicle driver. A person who is

13 self-employed as a commercial motor vehicle driver must comply

14 with the requirements of this UCDLA pertaining to employees.

15 An owner-operator on a long-term lease shall be considered an

16 employee.

17 (15) Employer. "Employer" means a person (including the

18 United States, a State or a local authority) who owns or leases

19 a commercial motor vehicle or assigns employees to operate

20 such a vehicle. A person who is self-employed as a commercial

21 motor vehicle driver must comply with the requirements of this

22 UCDLA.

23 (15.1) Endorsement. "Endorsement" means an authorization

24 to an individual's CLP or CDL required to permit the

25 individual to operate certain types of commercial motor

26 vehicles.

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1 (15.2) Entry-level driver training. "Entry-level driver

2 training" means the training an entry-level driver receives

3 from an entity listed on the Federal Motor Carrier Safety

4 Administration's Training Provider Registry prior to: (i)

5 taking the CDL skills test required to receive the Class A or

6 Class B CDL for the first time; (ii) taking the CDL skills test

7 required to upgrade to a Class A or Class B CDL; or (iii)

8 taking the CDL skills test required to obtain a passenger or

9 school bus endorsement for the first time or the CDL knowledge

10 test required to obtain a hazardous materials endorsement for

11 the first time.

12 (15.3) Excepted interstate. "Excepted interstate" means a

13 person who operates or expects to operate in interstate

14 commerce, but engages exclusively in transportation or

15 operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,

16 or 398.3 from all or part of the qualification requirements of

17 49 C.F.R. Part 391 and is not required to obtain a medical

18 examiner's certificate by 49 C.F.R. 391.45.

19 (15.5) Excepted intrastate. "Excepted intrastate" means a

20 person who operates in intrastate commerce but engages

21 exclusively in transportation or operations excepted from all

22 or parts of the state driver qualification requirements.

23 (16) (Blank).

24 (16.5) Fatality. "Fatality" means the death of a person as

25 a result of a motor vehicle crash.

26 (16.7) Foreign commercial driver. "Foreign commercial

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1 driver" means a person licensed to operate a commercial motor

2 vehicle by an authority outside the United States, or a

3 citizen of a foreign country who operates a commercial motor

4 vehicle in the United States.

5 (17) Foreign jurisdiction. "Foreign jurisdiction" means a

6 sovereign jurisdiction that does not fall within the

7 definition of "State".

8 (18) (Blank).

9 (19) (Blank).

10 (20) Hazardous materials. "Hazardous material" means any

11 material that has been designated under 49 U.S.C. 5103 and is

12 required to be placarded under subpart F of 49 C.F.R. part 172

13 or any quantity of a material listed as a select agent or toxin

14 in 42 C.F.R. part 73.

15 (20.5) Imminent Hazard. "Imminent hazard" means the

16 existence of any condition of a vehicle, employee, or

17 commercial motor vehicle operations that substantially

18 increases the likelihood of serious injury or death if not

19 discontinued immediately; or a condition relating to hazardous

20 material that presents a substantial likelihood that death,

21 serious illness, severe personal injury, or a substantial

22 endangerment to health, property, or the environment may occur

23 before the reasonably foreseeable completion date of a formal

24 proceeding begun to lessen the risk of that death, illness,

25 injury or endangerment.

26 (20.6) Issuance. "Issuance" means initial issuance,

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1 transfer, renewal, or upgrade of a CLP or CDL and

2 non-domiciled CLP or CDL.

3 (20.7) Issue. "Issue" means initial issuance, transfer,

4 renewal, or upgrade of a CLP or CDL and non-domiciled CLP or

5 non-domiciled CDL.

6 (21) Long-term lease. "Long-term lease" means a lease of a

7 commercial motor vehicle by the owner-lessor to a lessee, for

8 a period of more than 29 days.

9 (21.01) Manual transmission. "Manual transmission" means a

10 transmission utilizing a driver-operated clutch that is

11 activated by a pedal or lever and a gear-shift mechanism

12 operated either by hand or foot including those known as a

13 stick shift, stick, straight drive, or standard transmission.

14 All other transmissions, whether semi-automatic or automatic,

15 shall be considered automatic for the purposes of the

16 standardized restriction code.

17 (21.1) Medical examiner. "Medical examiner" means an

18 individual certified by the Federal Motor Carrier Safety

19 Administration and listed on the National Registry of

20 Certified Medical Examiners in accordance with Federal Motor

21 Carrier Safety Regulations, 49 CFR 390.101 et seq.

22 (21.2) Medical examiner's certificate. "Medical examiner's

23 certificate" means either (1) prior to June 22, 2021, a

24 document prescribed or approved by the Secretary of State that

25 is issued by a medical examiner to a driver to medically

26 qualify him or her to drive; or (2) beginning June 22, 2021, an

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1 electronic submission of results of an examination conducted

2 by a medical examiner listed on the National Registry of

3 Certified Medical Examiners to the Federal Motor Carrier

4 Safety Administration of a driver to medically qualify him or

5 her to drive.

6 (21.5) Medical variance. "Medical variance" means a driver

7 has received one of the following from the Federal Motor

8 Carrier Safety Administration which allows the driver to be

9 issued a medical certificate: (1) an exemption letter

10 permitting operation of a commercial motor vehicle pursuant to

11 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a

12 skill performance evaluation (SPE) certificate permitting

13 operation of a commercial motor vehicle pursuant to 49 C.F.R.

14 391.49.

15 (21.7) Mobile telephone. "Mobile telephone" means a mobile

16 communication device that falls under or uses any commercial

17 mobile radio service, as defined in regulations of the Federal

18 Communications Commission, 47 CFR 20.3. It does not include

19 two-way or citizens band radio services.

20 (22) Motor Vehicle. "Motor vehicle" means every vehicle

21 which is self-propelled, and every vehicle which is propelled

22 by electric power obtained from over head trolley wires but

23 not operated upon rails, except vehicles moved solely by human

24 power and motorized wheel chairs.

25 (22.2) Motor vehicle record. "Motor vehicle record" means

26 a report of the driving status and history of a driver

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1 generated from the driver record provided to users, such as

2 drivers or employers, and is subject to the provisions of the

3 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

4 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or

5 combination of motor vehicles not defined by the term

6 "commercial motor vehicle" or "CMV" in this Section.

7 (22.7) Non-excepted interstate. "Non-excepted interstate"

8 means a person who operates or expects to operate in

9 interstate commerce, is subject to and meets the qualification

10 requirements under 49 C.F.R. Part 391, and is required to

11 obtain a medical examiner's certificate by 49 C.F.R. 391.45.

12 (22.8) Non-excepted intrastate. "Non-excepted intrastate"

13 means a person who operates only in intrastate commerce and is

14 subject to State driver qualification requirements.

15 (23) Non-domiciled CLP or Non-domiciled CDL.

16 "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,

17 respectively, issued by a state or other jurisdiction under

18 either of the following two conditions:

19 (i) to an individual domiciled in a foreign country

20 meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.

21 of the Federal Motor Carrier Safety Administration.

22 (ii) to an individual domiciled in another state

23 meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.

24 of the Federal Motor Carrier Safety Administration.

25 (24) (Blank).

26 (25) (Blank).

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1 (25.5) Railroad-Highway Grade Crossing Violation.

2 "Railroad-highway grade crossing violation" means a violation,

3 while operating a commercial motor vehicle, of any of the

4 following:

5 (A) Section 11-1201, 11-1202, or 11-1425 of this Code.

6 (B) Any other similar law or local ordinance of any

7 state relating to railroad-highway grade crossing.

8 (25.7) School Bus. "School bus" means a commercial motor

9 vehicle used to transport pre-primary, primary, or secondary

10 school students from home to school, from school to home, or to

11 and from school-sponsored events. "School bus" does not

12 include a bus used as a common carrier.

13 (26) Serious Traffic Violation. "Serious traffic

14 violation" means:

15 (A) a conviction when operating a commercial motor

16 vehicle, or when operating a non-CMV while holding a CLP

17 or CDL, of:

18 (i) a violation relating to excessive speeding,

19 involving a single speeding charge of 15 miles per

20 hour or more above the legal speed limit; or

21 (ii) a violation relating to reckless driving; or

22 (iii) a violation of any State law or local

23 ordinance relating to motor vehicle traffic control

24 (other than parking violations) arising in connection

25 with a fatal traffic crash; or

26 (iv) a violation of Section 6-501, relating to

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1 having multiple driver's licenses; or

2 (v) a violation of paragraph (a) of Section 6-507,

3 relating to the requirement to have a valid CLP or CDL;

4 or

5 (vi) a violation relating to improper or erratic

6 traffic lane changes; or

7 (vii) a violation relating to following another

8 vehicle too closely; or

9 (viii) a violation relating to texting while

10 driving; or

11 (ix) a violation relating to the use of a

12 hand-held mobile telephone while driving; or

13 (B) any other similar violation of a law or local

14 ordinance of any state relating to motor vehicle traffic

15 control, other than a parking violation, which the

16 Secretary of State determines by administrative rule to be

17 serious.

18 (27) State. "State" means a state of the United States,

19 the District of Columbia and any province or territory of

20 Canada.

21 (28) (Blank).

22 (29) (Blank).

23 (30) (Blank).

24 (31) (Blank).

25 (32) Texting. "Texting" means manually entering

26 alphanumeric text into, or reading text from, an electronic

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1 device.

2 (1) Texting includes, but is not limited to, short

3 message service, emailing, instant messaging, a command or

4 request to access a World Wide Web page, pressing more

5 than a single button to initiate or terminate a voice

6 communication using a mobile telephone, or engaging in any

7 other form of electronic text retrieval or entry for

8 present or future communication.

9 (2) Texting does not include:

10 (i) inputting, selecting, or reading information

11 on a global positioning system or navigation system;

12 or

13 (ii) pressing a single button to initiate or

14 terminate a voice communication using a mobile

15 telephone; or

16 (iii) using a device capable of performing

17 multiple functions (for example, a fleet management

18 system, dispatching device, smart phone, citizens band

19 radio, or music player) for a purpose that is not

20 otherwise prohibited by Part 392 of the Federal Motor

21 Carrier Safety Regulations.

22 (32.3) Third party skills test examiner. "Third party

23 skills test examiner" means a person employed by a third party

24 tester who is authorized by the State to administer the CDL

25 skills tests specified in 49 C.F.R. Part 383, subparts G and H.

26 (32.5) Third party tester. "Third party tester" means a

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1 person (including, but not limited to, another state, a motor

2 carrier, a private driver training facility or other private

3 institution, or a department, agency, or instrumentality of a

4 local government) authorized by the State to employ skills

5 test examiners to administer the CDL skills tests specified in

6 49 C.F.R. Part 383, subparts G and H.

7 (32.7) United States. "United States" means the 50 states

8 and the District of Columbia.

9 (33) Use a hand-held mobile telephone. "Use a hand-held

10 mobile telephone" means:

11 (1) using at least one hand to hold a mobile telephone

12 to conduct a voice communication;

13 (2) dialing or answering a mobile telephone by

14 pressing more than a single button; or

15 (3) reaching for a mobile telephone in a manner that

16 requires a driver to maneuver so that he or she is no

17 longer in a seated driving position, restrained by a seat

18 belt that is installed in accordance with 49 CFR 393.93

19 and adjusted in accordance with the vehicle manufacturer's

20 instructions.

21 (Source: P.A. 101-185, eff. 1-1-20; 101-652, eff. 1-1-23;

22 102-982, eff. 7-1-23.)

23 Section 55. The Snowmobile Registration and Safety Act is

24 amended by changing Section 5-7 as follows:

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1 (625 ILCS 40/5-7)

2 (Text of Section before amendment by P.A. 101-652)

3 Sec. 5-7. Operating a snowmobile while under the influence

4 of alcohol or other drug or drugs, intoxicating compound or

5 compounds, or a combination of them; criminal penalties;

6 suspension of operating privileges.

7 (a) A person may not operate or be in actual physical

8 control of a snowmobile within this State while:

9 1. The alcohol concentration in that person's blood,

10 other bodily substance, or breath is a concentration at

11 which driving a motor vehicle is prohibited under

12 subdivision (1) of subsection (a) of Section 11-501 of the

13 Illinois Vehicle Code;

14 2. The person is under the influence of alcohol;

15 3. The person is under the influence of any other drug

16 or combination of drugs to a degree that renders that

17 person incapable of safely operating a snowmobile;

18 3.1. The person is under the influence of any

19 intoxicating compound or combination of intoxicating

20 compounds to a degree that renders the person incapable of

21 safely operating a snowmobile;

22 4. The person is under the combined influence of

23 alcohol and any other drug or drugs or intoxicating

24 compound or compounds to a degree that renders that person

25 incapable of safely operating a snowmobile;

26 4.3. The person who is not a CDL holder has a

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1 tetrahydrocannabinol concentration in the person's whole

2 blood or other bodily substance at which driving a motor

3 vehicle is prohibited under subdivision (7) of subsection

4 (a) of Section 11-501 of the Illinois Vehicle Code;

5 4.5. The person who is a CDL holder has any amount of a

6 drug, substance, or compound in the person's breath,

7 blood, other bodily substance, or urine resulting from the

8 unlawful use or consumption of cannabis listed in the

9 Cannabis Control Act; or

10 5. There is any amount of a drug, substance, or

11 compound in that person's breath, blood, other bodily

12 substance, or urine resulting from the unlawful use or

13 consumption of a controlled substance listed in the

14 Illinois Controlled Substances Act, methamphetamine as

15 listed in the Methamphetamine Control and Community

16 Protection Act, or intoxicating compound listed in the use

17 of Intoxicating Compounds Act.

18 (b) The fact that a person charged with violating this

19 Section is or has been legally entitled to use alcohol, other

20 drug or drugs, any intoxicating compound or compounds, or any

21 combination of them does not constitute a defense against a

22 charge of violating this Section.

23 (c) Every person convicted of violating this Section or a

24 similar provision of a local ordinance is guilty of a Class A

25 misdemeanor, except as otherwise provided in this Section.

26 (c-1) As used in this Section, "first time offender" means

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1 any person who has not had a previous conviction or been

2 assigned supervision for violating this Section or a similar

3 provision of a local ordinance, or any person who has not had a

4 suspension imposed under subsection (e) of Section 5-7.1.

5 (c-2) For purposes of this Section, the following are

6 equivalent to a conviction:

7 (1) a forfeiture of bail or collateral deposited to

8 secure a defendant's appearance in court when forfeiture

9 has not been vacated; or

10 (2) the failure of a defendant to appear for trial.

11 (d) Every person convicted of violating this Section is

12 guilty of a Class 4 felony if:

13 1. The person has a previous conviction under this

14 Section;

15 2. The offense results in personal injury where a

16 person other than the operator suffers great bodily harm

17 or permanent disability or disfigurement, when the

18 violation was a proximate cause of the injuries. A person

19 guilty of a Class 4 felony under this paragraph 2, if

20 sentenced to a term of imprisonment, shall be sentenced to

21 not less than one year nor more than 12 years; or

22 3. The offense occurred during a period in which the

23 person's privileges to operate a snowmobile are revoked or

24 suspended, and the revocation or suspension was for a

25 violation of this Section or was imposed under Section

26 5-7.1.

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1 (e) Every person convicted of violating this Section is

2 guilty of a Class 2 felony if the offense results in the death

3 of a person. A person guilty of a Class 2 felony under this

4 subsection (e), if sentenced to a term of imprisonment, shall

5 be sentenced to a term of not less than 3 years and not more

6 than 14 years.

7 (e-1) Every person convicted of violating this Section or

8 a similar provision of a local ordinance who had a child under

9 the age of 16 on board the snowmobile at the time of offense

10 shall be subject to a mandatory minimum fine of $500 and shall

11 be subject to a mandatory minimum of 5 days of community

12 service in a program benefiting children. The assignment under

13 this subsection shall not be subject to suspension nor shall

14 the person be eligible for probation in order to reduce the

15 assignment.

16 (e-2) Every person found guilty of violating this Section,

17 whose operation of a snowmobile while in violation of this

18 Section proximately caused any incident resulting in an

19 appropriate emergency response, shall be liable for the

20 expense of an emergency response as provided in subsection (i)

21 of Section 11-501.01 of the Illinois Vehicle Code.

22 (e-3) In addition to any other penalties and liabilities,

23 a person who is found guilty of violating this Section,

24 including any person placed on court supervision, shall be

25 fined $100, payable to the circuit clerk, who shall distribute

26 the money to the law enforcement agency that made the arrest or

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1 as provided in subsection (c) of Section 10-5 of the Criminal

2 and Traffic Assessment Act if the arresting agency is a State

3 agency, unless more than one agency is responsible for the

4 arrest, in which case the amount shall be remitted to each unit

5 of government equally. Any moneys received by a law

6 enforcement agency under this subsection (e-3) shall be used

7 to purchase law enforcement equipment or to provide law

8 enforcement training that will assist in the prevention of

9 alcohol related criminal violence throughout the State. Law

10 enforcement equipment shall include, but is not limited to,

11 in-car video cameras, radar and laser speed detection devices,

12 and alcohol breath testers.

13 (f) In addition to any criminal penalties imposed, the

14 Department of Natural Resources shall suspend the snowmobile

15 operation privileges of a person convicted or found guilty of

16 a misdemeanor under this Section for a period of one year,

17 except that first-time offenders are exempt from this

18 mandatory one-year suspension.

19 (g) In addition to any criminal penalties imposed, the

20 Department of Natural Resources shall suspend for a period of

21 5 years the snowmobile operation privileges of any person

22 convicted or found guilty of a felony under this Section.

23 (Source: P.A. 102-145, eff. 7-23-21; 102-813, eff. 5-13-22.)

24 (Text of Section after amendment by P.A. 101-652)

25 Sec. 5-7. Operating a snowmobile while under the influence

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1 of alcohol or other drug or drugs, intoxicating compound or

2 compounds, or a combination of them; criminal penalties;

3 suspension of operating privileges.

4 (a) A person may not operate or be in actual physical

5 control of a snowmobile within this State while:

6 1. The alcohol concentration in that person's blood,

7 other bodily substance, or breath is a concentration at

8 which driving a motor vehicle is prohibited under

9 subdivision (1) of subsection (a) of Section 11-501 of the

10 Illinois Vehicle Code;

11 2. The person is under the influence of alcohol;

12 3. The person is under the influence of any other drug

13 or combination of drugs to a degree that renders that

14 person incapable of safely operating a snowmobile;

15 3.1. The person is under the influence of any

16 intoxicating compound or combination of intoxicating

17 compounds to a degree that renders the person incapable of

18 safely operating a snowmobile;

19 4. The person is under the combined influence of

20 alcohol and any other drug or drugs or intoxicating

21 compound or compounds to a degree that renders that person

22 incapable of safely operating a snowmobile;

23 4.3. The person who is not a CDL holder has a

24 tetrahydrocannabinol concentration in the person's whole

25 blood or other bodily substance at which driving a motor

26 vehicle is prohibited under subdivision (7) of subsection

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1 (a) of Section 11-501 of the Illinois Vehicle Code;

2 4.5. The person who is a CDL holder has any amount of a

3 drug, substance, or compound in the person's breath,

4 blood, other bodily substance, or urine resulting from the

5 unlawful use or consumption of cannabis listed in the

6 Cannabis Control Act; or

7 5. There is any amount of a drug, substance, or

8 compound in that person's breath, blood, other bodily

9 substance, or urine resulting from the unlawful use or

10 consumption of a controlled substance listed in the

11 Illinois Controlled Substances Act, methamphetamine as

12 listed in the Methamphetamine Control and Community

13 Protection Act, or intoxicating compound listed in the use

14 of Intoxicating Compounds Act.

15 (b) The fact that a person charged with violating this

16 Section is or has been legally entitled to use alcohol, other

17 drug or drugs, any intoxicating compound or compounds, or any

18 combination of them does not constitute a defense against a

19 charge of violating this Section.

20 (c) Every person convicted of violating this Section or a

21 similar provision of a local ordinance is guilty of a Class A

22 misdemeanor, except as otherwise provided in this Section.

23 (c-1) As used in this Section, "first time offender" means

24 any person who has not had a previous conviction or been

25 assigned supervision for violating this Section or a similar

26 provision of a local ordinance, or any person who has not had a

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1 suspension imposed under subsection (e) of Section 5-7.1.

2 (c-2) For purposes of this Section, the following are

3 equivalent to a conviction:

4 (1) an unvacated revocation of pretrial release ~~a~~

5 ~~violation of the terms of pretrial release when the court~~

6 ~~has not relieved the defendant of complying with the terms~~

7 ~~of pretrial release~~; or

8 (2) the failure of a defendant to appear for trial.

9 (d) Every person convicted of violating this Section is

10 guilty of a Class 4 felony if:

11 1. The person has a previous conviction under this

12 Section;

13 2. The offense results in personal injury where a

14 person other than the operator suffers great bodily harm

15 or permanent disability or disfigurement, when the

16 violation was a proximate cause of the injuries. A person

17 guilty of a Class 4 felony under this paragraph 2, if

18 sentenced to a term of imprisonment, shall be sentenced to

19 not less than one year nor more than 12 years; or

20 3. The offense occurred during a period in which the

21 person's privileges to operate a snowmobile are revoked or

22 suspended, and the revocation or suspension was for a

23 violation of this Section or was imposed under Section

24 5-7.1.

25 (e) Every person convicted of violating this Section is

26 guilty of a Class 2 felony if the offense results in the death

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1 of a person. A person guilty of a Class 2 felony under this

2 subsection (e), if sentenced to a term of imprisonment, shall

3 be sentenced to a term of not less than 3 years and not more

4 than 14 years.

5 (e-1) Every person convicted of violating this Section or

6 a similar provision of a local ordinance who had a child under

7 the age of 16 on board the snowmobile at the time of offense

8 shall be subject to a mandatory minimum fine of $500 and shall

9 be subject to a mandatory minimum of 5 days of community

10 service in a program benefiting children. The assignment under

11 this subsection shall not be subject to suspension nor shall

12 the person be eligible for probation in order to reduce the

13 assignment.

14 (e-2) Every person found guilty of violating this Section,

15 whose operation of a snowmobile while in violation of this

16 Section proximately caused any incident resulting in an

17 appropriate emergency response, shall be liable for the

18 expense of an emergency response as provided in subsection (i)

19 of Section 11-501.01 of the Illinois Vehicle Code.

20 (e-3) In addition to any other penalties and liabilities,

21 a person who is found guilty of violating this Section,

22 including any person placed on court supervision, shall be

23 fined $100, payable to the circuit clerk, who shall distribute

24 the money to the law enforcement agency that made the arrest or

25 as provided in subsection (c) of Section 10-5 of the Criminal

26 and Traffic Assessment Act if the arresting agency is a State

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1 agency, unless more than one agency is responsible for the

2 arrest, in which case the amount shall be remitted to each unit

3 of government equally. Any moneys received by a law

4 enforcement agency under this subsection (e-3) shall be used

5 to purchase law enforcement equipment or to provide law

6 enforcement training that will assist in the prevention of

7 alcohol related criminal violence throughout the State. Law

8 enforcement equipment shall include, but is not limited to,

9 in-car video cameras, radar and laser speed detection devices,

10 and alcohol breath testers.

11 (f) In addition to any criminal penalties imposed, the

12 Department of Natural Resources shall suspend the snowmobile

13 operation privileges of a person convicted or found guilty of

14 a misdemeanor under this Section for a period of one year,

15 except that first-time offenders are exempt from this

16 mandatory one-year suspension.

17 (g) In addition to any criminal penalties imposed, the

18 Department of Natural Resources shall suspend for a period of

19 5 years the snowmobile operation privileges of any person

20 convicted or found guilty of a felony under this Section.

21 (Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;

22 102-813, eff. 5-13-22.)

23 Section 60. The Criminal Code of 2012 is amended by

24 changing Section 32-10 as follows:

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1 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)

2 (Text of Section before amendment by P.A. 101-652)

3 Sec. 32-10. Violation of bail bond.

4 (a) Whoever, having been admitted to bail for appearance

5 before any court of this State, incurs a forfeiture of the bail

6 and knowingly fails to surrender himself or herself within 30

7 days following the date of the forfeiture, commits, if the

8 bail was given in connection with a charge of felony or pending

9 appeal or certiorari after conviction of any offense, a felony

10 of the next lower Class or a Class A misdemeanor if the

11 underlying offense was a Class 4 felony; or, if the bail was

12 given in connection with a charge of committing a misdemeanor,

13 or for appearance as a witness, commits a misdemeanor of the

14 next lower Class, but not less than a Class C misdemeanor.

15 (a-5) Any person who knowingly violates a condition of

16 bail bond by possessing a firearm in violation of his or her

17 conditions of bail commits a Class 4 felony for a first

18 violation and a Class 3 felony for a second or subsequent

19 violation.

20 (b) Whoever, having been admitted to bail for appearance

21 before any court of this State, while charged with a criminal

22 offense in which the victim is a family or household member as

23 defined in Article 112A of the Code of Criminal Procedure of

24 1963, knowingly violates a condition of that release as set

25 forth in Section 110-10, subsection (d) of the Code of

26 Criminal Procedure of 1963, commits a Class A misdemeanor.

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1 (c) Whoever, having been admitted to bail for appearance

2 before any court of this State for a felony, Class A

3 misdemeanor or a criminal offense in which the victim is a

4 family or household member as defined in Article 112A of the

5 Code of Criminal Procedure of 1963, is charged with any other

6 felony, Class A misdemeanor, or a criminal offense in which

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

8 Article 112A of the Code of Criminal Procedure of 1963 while on

9 this release, must appear before the court before bail is

10 statutorily set.

11 (d) Nothing in this Section shall interfere with or

12 prevent the exercise by any court of its power to punishment

13 for contempt. Any sentence imposed for violation of this

14 Section shall be served consecutive to the sentence imposed

15 for the charge for which bail had been granted and with respect

16 to which the defendant has been convicted.

17 (Source: P.A. 97-1108, eff. 1-1-13.)

18 (Text of Section after amendment by P.A. 101-652)

19 Sec. 32-10. Violation of conditions of pretrial release.

20 (a) (Blank). ~~Whoever, having been released pretrial under~~

21 ~~conditions for appearance before any court of this State,~~

22 ~~incurs a violation of conditions of pretrial release and~~

23 ~~knowingly fails to surrender himself or herself within 30 days~~

24 ~~following the date of the violation, commits, if the~~

25 ~~conditions of pretrial release was given in connection with a~~

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1 ~~charge of felony or pending appeal or certiorari after~~

2 ~~conviction of any offense, a Class A misdemeanor if the~~

3 ~~underlying offense was a felony. If the violation of pretrial~~

4 ~~conditions were made in connection with a charge of committing~~

5 ~~a misdemeanor, or for appearance as a witness, commits a Class~~

6 ~~C misdemeanor.~~

7 (a-5) Any person who knowingly violates a condition of

8 pretrial release by possessing a firearm in violation of his

9 or her conditions of pretrial release commits a Class 4 felony

10 for a first violation and a Class 3 felony for a second or

11 subsequent violation.

12 (b) (Blank). ~~Whoever, having been released pretrial under~~

13 ~~conditions for appearance before any court of this State,~~

14 ~~while charged with a criminal offense in which the victim is a~~

15 ~~family or household member as defined in Article 112A of the~~

16 ~~Code of Criminal Procedure of 1963, knowingly violates a~~

17 ~~condition of that release as set forth in Section 110-10,~~

18 ~~subsection (d) of the Code of Criminal Procedure of 1963,~~

19 ~~commits a Class A misdemeanor.~~

20 (c) Whoever, having been released pretrial ~~under~~

21 ~~conditions~~for appearance before any court of this State for a

22 felony, Class A misdemeanor or a criminal offense in which the

23 victim is a family or household member as defined in Article

24 112A of the Code of Criminal Procedure of 1963, is charged with

25 any other felony, Class A misdemeanor, or a criminal offense

26 in which the victim is a family or household member as defined

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1 in Article 112A of the Code of Criminal Procedure of 1963 while

2 on this release, must appear before the courtand may not be

3 released by law enforcement under 109-1 of the Code of

4 Criminal Procedure of 1963 prior to the court appearance.

5 (d) Nothing in this Section shall interfere with or

6 prevent the exercise by any court of its power topunish

7 ~~punishment~~for contempt. Any sentence imposed for violation of

8 this Section may be served consecutive to the sentence imposed

9 for the charge for which pretrial release had been granted and

10 with respect to which the defendant has been convicted.

11 (Source: P.A. 101-652, eff. 1-1-23.)

12 (720 ILCS 5/32-15 rep.)

13 Section 65. The Criminal Code of 2012 is amended by

14 repealing Section 32-15.

15 Section 70. The Code of Criminal Procedure of 1963 is

16 amended by changing Sections 102-6, 102-7, 106D-1, 107-9,

17 109-1, 109-2, 109-3, 109-3.1, 110-1, 110-2, 110-3, 110-5,

18 110-5.2, 110-6, 110-6.1, 110-10, 110-12, and 113-3.1 and by

19 adding Sections 102-10.5, 102-14.5, 110-6.6, and 110-7.5 as

20 follows:

21 (725 ILCS 5/102-6) (from Ch. 38, par. 102-6)

22 (Text of Section before amendment by P.A. 101-652)

23 Sec. 102-6. "Bail". "Bail" means the amount of money set

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1 by the court which is required to be obligated and secured as

2 provided by law for the release of a person in custody in order

3 that he will appear before the court in which his appearance

4 may be required and that he will comply with such conditions as

5 set forth in the bail bond.

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

7 (Text of Section after amendment by P.A. 101-652)

8 Sec. 102-6. Pretrial release. "Pretrial release" has the

9 meaning ascribed to bail in Section 9 of Article I of the

10 Illinois Constitution where the sureties provided are

11 nonmonetary in nature ~~that is non-monetary~~.

12 (Source: P.A. 101-652, eff. 1-1-23.)

13 (725 ILCS 5/102-7) (from Ch. 38, par. 102-7)

14 (Text of Section before amendment by P.A. 101-652)

15 Sec. 102-7. "Bail bond"."Bail bond" means an undertaking

16 secured by bail entered into by a person in custody by which he

17 binds himself to comply with such conditions as are set forth

18 therein.

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

20 (Text of Section after amendment by P.A. 101-652)

21 Sec. 102-7. Conditions of pretrial release. "Conditions of

22 pretrial release" means the requirements imposed upon a

23 criminal defendant by the court under Section 110-5 ~~the~~

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1 ~~conditions established by the court entered into by a person~~

2 ~~in custody by which he binds himself to comply with such~~

3 ~~conditions as are set forth therein~~.

4 (Source: P.A. 101-652, eff. 1-1-23.)

5 (725 ILCS 5/102-10.5 new)

6 Sec. 102-10.5. "Felony".

7 "Felony" has the meaning provided in Section 2-7 of the

8 Criminal Code of 2012.

9 (725 ILCS 5/102-14.5 new)

10 Sec. 102-14.5. "Misdemeanor".

11 "Misdemeanor" has the meaning provided in Section 2-11 of

12 the Criminal Code of 2012.

13 (725 ILCS 5/106D-1)

14 (Text of Section before amendment by P.A. 101-652)

15 Sec. 106D-1. Defendant's appearance by closed circuit

16 television and video conference.

17 (a) Whenever the appearance in person in court, in either

18 a civil or criminal proceeding, is required of anyone held in a

19 place of custody or confinement operated by the State or any of

20 its political subdivisions, including counties and

21 municipalities, the chief judge of the circuit by rule may

22 permit the personal appearance to be made by means of two-way

23 audio-visual communication, including closed circuit

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1 television and computerized video conference, in the following

2 proceedings:

3 (1) the initial appearance before a judge on a

4 criminal complaint, at which bail will be set;

5 (2) the waiver of a preliminary hearing;

6 (3) the arraignment on an information or indictment at

7 which a plea of not guilty will be entered;

8 (4) the presentation of a jury waiver;

9 (5) any status hearing;

10 (6) any hearing conducted under the Sexually Violent

11 Persons Commitment Act at which no witness testimony will

12 be taken; and

13 (7) at any hearing at which no witness testimony will

14 be taken conducted under the following:

15 (A) Section 104-20 of this Code (90-day hearings);

16 (B) Section 104-22 of this Code (trial with

17 special provisions and assistance);

18 (C) Section 104-25 of this Code (discharge

19 hearing); or

20 (D) Section 5-2-4 of the Unified Code of

21 Corrections (proceedings after acquittal by reason of

22 insanity).

23 (b) The two-way audio-visual communication facilities must

24 provide two-way audio-visual communication between the court

25 and the place of custody or confinement, and must include a

26 secure line over which the person in custody and his or her

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1 counsel, if any, may communicate.

2 (c) Nothing in this Section shall be construed to prohibit

3 other court appearances through the use of two-way

4 audio-visual communication, upon waiver of any right the

5 person in custody or confinement may have to be present

6 physically.

7 (d) Nothing in this Section shall be construed to

8 establish a right of any person held in custody or confinement

9 to appear in court through two-way audio-visual communication

10 or to require that any governmental entity, or place of

11 custody or confinement, provide two-way audio-visual

12 communication.

13 (Source: P.A. 102-486, eff. 8-20-21; 102-813, eff. 5-13-22.)

14 (Text of Section after amendment by P.A. 101-652)

15 Sec. 106D-1. Defendant's appearance by two-way

16 audio-visual communication system ~~closed circuit television~~

17 ~~and video conference~~.

18 (a) Whenever the appearance in person in court, in either

19 a civil or criminal proceeding, is required of anyone held in a

20 place of custody or confinement operated by the State or any of

21 its political subdivisions, including counties and

22 municipalities, the chief judge of the circuit by rule may

23 permit the personal appearance to be made by means of a two-way

24 audio-visual communication system, including closed circuit

25 television and computerized video conference, in the following

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1 proceedings:

2 (1) the initial appearance before a judge on a

3 criminal complaint as provided in subsection (f) of

4 Section 109-1 ~~, at which the conditions of pretrial release~~

5 ~~will be set~~;

6 (2) the waiver of a preliminary hearing;

7 (3) the arraignment on an information or indictment at

8 which a plea of not guilty will be entered;

9 (4) the presentation of a jury waiver;

10 (5) any status hearing;

11 (6) any hearing conducted under the Sexually Violent

12 Persons Commitment Act at which no witness testimony will

13 be taken; and

14 (7) at any hearing at which no witness testimony will

15 be taken conducted under the following:

16 (A) Section 104-20 of this Code (90-day hearings);

17 (B) Section 104-22 of this Code (trial with

18 special provisions and assistance);

19 (C) Section 104-25 of this Code (discharge

20 hearing); or

21 (D) Section 5-2-4 of the Unified Code of

22 Corrections (proceedings after acquittal by reason of

23 insanity).

24 (b) The two-way audio-visual communication facilities must

25 provide two-way audio-visual communication between the court

26 and the place of custody or confinement, and must include a

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1 secure line over which the person in custody and his or her

2 counsel, if any, may communicate.

3 (c) Nothing in this Section shall be construed to prohibit

4 other court appearances through the use of a two-way

5 audio-visual communication system if the person in custody or

6 confinement waives the right to be present physically in

7 court, the court determines that the physical health and

8 safety of any person necessary to the proceedings would be

9 endangered by appearing in court, or the chief judge of the

10 circuit orders use of that system due to operational

11 challenges in conducting the hearing in person ~~, upon waiver of~~

12 ~~any right the person in custody or confinement may have to be~~

13 ~~present physically~~. Such operational challenges must be

14 documented and approved by the chief judge of the circuit, and

15 a plan to address the challenges through reasonable efforts

16 must be presented and approved by the Administrative Office of

17 the Illinois Courts every 6 months.

18 (d) Nothing in this Section shall be construed to

19 establish a right of any person held in custody or confinement

20 to appear in court through a two-way audio-visual

21 communication system or to require that any governmental

22 entity, or place of custody or confinement, provide a two-way

23 audio-visual communication system.

24 (Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;

25 102-813, eff. 5-13-22.)

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1 (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)

2 (Text of Section before amendment by P.A. 101-652)

3 Sec. 107-9. Issuance of arrest warrant upon complaint.

4 (a) When a complaint is presented to a court charging that

5 an offense has been committed it shall examine upon oath or

6 affirmation the complainant or any witnesses.

7 (b) The complaint shall be in writing and shall:

8 (1) State the name of the accused if known, and if not

9 known the accused may be designated by any name or

10 description by which he can be identified with reasonable

11 certainty;

12 (2) State the offense with which the accused is

13 charged;

14 (3) State the time and place of the offense as

15 definitely as can be done by the complainant; and

16 (4) Be subscribed and sworn to by the complainant.

17 (b-5) If an arrest warrant is sought and the request is

18 made by electronic means that has a simultaneous video and

19 audio transmission between the requester and a judge, the

20 judge may issue an arrest warrant based upon a sworn complaint

21 or sworn testimony communicated in the transmission.

22 (c) A warrant shall be issued by the court for the arrest

23 of the person complained against if it appears from the

24 contents of the complaint and the examination of the

25 complainant or other witnesses, if any, that the person

26 against whom the complaint was made has committed an offense.

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1 (d) The warrant of arrest shall:

2 (1) Be in writing;

3 (2) Specify the name, sex and birth date of the person

4 to be arrested or if his name, sex or birth date is

5 unknown, shall designate such person by any name or

6 description by which he can be identified with reasonable

7 certainty;

8 (3) Set forth the nature of the offense;

9 (4) State the date when issued and the municipality or

10 county where issued;

11 (5) Be signed by the judge of the court with the title

12 of his office;

13 (6) Command that the person against whom the complaint

14 was made be arrested and brought before the court issuing

15 the warrant or if he is absent or unable to act before the

16 nearest or most accessible court in the same county;

17 (7) Specify the amount of bail; and

18 (8) Specify any geographical limitation placed on the

19 execution of the warrant, but such limitation shall not be

20 expressed in mileage.

21 (e) The warrant shall be directed to all peace officers in

22 the State. It shall be executed by the peace officer, or by a

23 private person specially named therein, at any location within

24 the geographic limitation for execution placed on the warrant.

25 If no geographic limitation is placed on the warrant, then it

26 may be executed anywhere in the State.

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1 (f) The arrest warrant may be issued electronically or

2 electromagnetically by use of electronic mail or a facsimile

3 transmission machine and any arrest warrant shall have the

4 same validity as a written warrant.

5 (Source: P.A. 101-239, eff. 1-1-20.)

6 (Text of Section after amendment by P.A. 101-652)

7 Sec. 107-9. Issuance of arrest warrant upon complaint.

8 (a) When a complaint is presented to a court charging that

9 an offense has been committed, it shall examine upon oath or

10 affirmation the complainant or any witnesses.

11 (b) The complaint shall be in writing and shall:

12 (1) State the name of the accused if known, and if not

13 known the accused may be designated by any name or

14 description by which he can be identified with reasonable

15 certainty;

16 (2) State the offense with which the accused is

17 charged;

18 (3) State the time and place of the offense as

19 definitely as can be done by the complainant; and

20 (4) Be subscribed and sworn to by the complainant.

21 (b-5) If an arrest warrant or summons is sought and the

22 request is made by electronic means that has a simultaneous

23 video and audio transmission between the requester and a

24 judge, the judge may issue an arrest warrant or summons based

25 upon a sworn complaint or sworn testimony communicated in the

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1 transmission.

2 (c) A warrant or summons may ~~shall~~ be issued by the court

3 for the arrest or appearanceof the person complained against

4 if it appears from the contents of the complaint and the

5 examination of the complainant or other witnesses, if any,

6 that the person against whom the complaint was made has

7 committed an offense.

8 (d) The warrant of arrest or summons shall:

9 (1) Be in writing;

10 (2) Specify the name, sex and birth date of the person

11 to be arrestedor summoned or, if his name, sex or birth

12 date is unknown, shall designate such person by any name

13 or description by which the person ~~he~~ can be identified

14 with reasonable certainty;

15 (3) Set forth the nature of the offense;

16 (4) State the date when issued and the municipality or

17 county where issued;

18 (5) Be signed by the judge of the court with the title

19 of the judge's ~~his~~ office; and

20 (6) Command that the person against whom the complaint

21 was made tobe arrested and brought before the court

22 issuing the warrant or the nearest or most accessible

23 court in the same county, or appear before the court at a

24 certain time and place; ~~issuing the warrant or if he is~~

25 ~~absent or unable to act before the nearest or most~~

26 ~~accessible court in the same county;~~

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1 (7) Specify the conditions of pretrial release, if

2 any; and

3 (8) Specify any geographical limitation placed on the

4 execution of the warrant,if any, but such limitation

5 shall not be expressed in mileage.

6 (e) The summons may be served in the same manner as the

7 summons in a civil action, except that a police officer may

8 serve a summons for a violation of an ordinance occurring

9 within the municipality of the police officer.

10 (f) If the person summoned fails to appear by the date

11 required or cannot be located to serve the summons, a warrant

12 may be issued by the court for the arrest of the person

13 complained against.

14 (g) A warrant of arrest issued under this Section shall

15 incorporate the information included in the summons, and shall

16 comply with the following:

17 (1) The arrest warrant shall specify any geographic

18 limitation placed on the execution of the warrant, but

19 such limitation shall not be expressed in mileage.

20 (2) ~~(e)~~ The arrest warrant shall be directed to all

21 peace officers in the State. It shall be executed by the

22 peace officer, or by a private person specially named

23 therein, at any location within the geographic limitation

24 for execution placed on the warrant. If no geographic

25 limitation is placed on the warrant, then it may be

26 executed anywhere in the State.

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1 (h) ~~(f)~~ The arrest warrant or summons may be issued

2 electronically or electromagnetically by use of electronic

3 mail or a facsimile transmission machine and any such arrest

4 warrant or summonsshall have the same validity as a written

5 arrest warrant or summons.

6 (Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23.)

7 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)

8 (Text of Section before amendment by P.A. 101-652)

9 Sec. 109-1. Person arrested.

10 (a) A person arrested with or without a warrant shall be

11 taken without unnecessary delay before the nearest and most

12 accessible judge in that county, except when such county is a

13 participant in a regional jail authority, in which event such

14 person may be taken to the nearest and most accessible judge,

15 irrespective of the county where such judge presides, and a

16 charge shall be filed. Whenever a person arrested either with

17 or without a warrant is required to be taken before a judge, a

18 charge may be filed against such person by way of a two-way

19 closed circuit television system, except that a hearing to

20 deny bail to the defendant may not be conducted by way of

21 closed circuit television.

22 (a-5) A person charged with an offense shall be allowed

23 counsel at the hearing at which bail is determined under

24 Article 110 of this Code. If the defendant desires counsel for

25 his or her initial appearance but is unable to obtain counsel,

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1 the court shall appoint a public defender or licensed attorney

2 at law of this State to represent him or her for purposes of

3 that hearing.

4 (b) The judge shall:

5 (1) Inform the defendant of the charge against him and

6 shall provide him with a copy of the charge;

7 (2) Advise the defendant of his right to counsel and

8 if indigent shall appoint a public defender or licensed

9 attorney at law of this State to represent him in

10 accordance with the provisions of Section 113-3 of this

11 Code;

12 (3) Schedule a preliminary hearing in appropriate

13 cases;

14 (4) Admit the defendant to bail in accordance with the

15 provisions of Article 110 of this Code; and

16 (5) Order the confiscation of the person's passport or

17 impose travel restrictions on a defendant arrested for

18 first degree murder or other violent crime as defined in

19 Section 3 of the Rights of Crime Victims and Witnesses

20 Act, if the judge determines, based on the factors in

21 Section 110-5 of this Code, that this will reasonably

22 ensure the appearance of the defendant and compliance by

23 the defendant with all conditions of release.

24 (c) The court may issue an order of protection in

25 accordance with the provisions of Article 112A of this Code.

26 (d) At the initial appearance of a defendant in any

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1 criminal proceeding, the court must advise the defendant in

2 open court that any foreign national who is arrested or

3 detained has the right to have notice of the arrest or

4 detention given to his or her country's consular

5 representatives and the right to communicate with those

6 consular representatives if the notice has not already been

7 provided. The court must make a written record of so advising

8 the defendant.

9 (e) If consular notification is not provided to a

10 defendant before his or her first appearance in court, the

11 court shall grant any reasonable request for a continuance of

12 the proceedings to allow contact with the defendant's

13 consulate. Any delay caused by the granting of the request by a

14 defendant shall temporarily suspend for the time of the delay

15 the period within which a person shall be tried as prescribed

16 by subsections (a), (b), or (e) of Section 103-5 of this Code

17 and on the day of the expiration of delay the period shall

18 continue at the point at which it was suspended.

19 (Source: P.A. 102-813, eff. 5-13-22.)

20 (Text of Section after amendment by P.A. 101-652)

21 Sec. 109-1. Person arrested; release from law enforcement

22 custody and court appearance; geographic ~~geographical~~

23 constraints prevent in-person appearances.

24 (a) A person arrested with or without a warrant for an

25 offense for which pretrial release may be denied under

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1 paragraphs (1) through (6) of Section 110-6.1 shall be taken

2 without unnecessary delay before the nearest and most

3 accessible judge in that county, except when such county is a

4 participant in a regional jail authority, in which event such

5 person may be taken to the nearest and most accessible judge,

6 irrespective of the county where such judge presides,within

7 48 hours,and a charge shall be filed. Whenever a person

8 arrested either with or without a warrant is required to be

9 taken before a judge, a charge may be filed against such person

10 by way of a two-way audio-visual communication system ~~closed~~

11 ~~circuit television system~~, except that a hearing to deny

12 pretrial release to the defendant may not be conducted by

13 two-way audio-visual communication system unless the accused

14 waives the right to be present physically in court, the court

15 determines that the physical health and safety of any person

16 necessary to the proceedings would be endangered by appearing

17 in court, or the chief judge of the circuit orders use of that

18 system due to operational challenges in conducting the hearing

19 in person. Such operational challenges must be documented and

20 approved by the chief judge of the circuit, and a plan to

21 address the challenges through reasonable efforts must be

22 presented and approved by the Administrative Office of the

23 Illinois Courts every 6 months. ~~way of closed circuit~~

24 ~~television.~~

25 (a-1) Law enforcement shall issue a citation in lieu of

26 custodial arrest, upon proper identification, for those

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1 accused of any offense that is not a felony or Class A

2 misdemeanor unless (i) a law enforcement officer reasonably

3 believes the accused poses a threat to the community or any

4 person, (ii) a custodial arrest is necessary because the

5 criminal activity persists after the issuance of a citation

6 ~~traffic and Class B and C criminal misdemeanor offenses, or of~~

7 ~~petty and business offenses, who pose no obvious threat to the~~

8 ~~community or any person~~, or (iii) the accused has an ~~who have~~

9 ~~no~~ obvious medical or mental health issue ~~issues~~ that poses

10 ~~pose~~ a risk to the accused's ~~their~~ own safety. Nothing in this

11 Section requires arrest in the case of Class A misdemeanor and

12 felony offenses, or otherwise limits existing law enforcement

13 discretion to decline to effect a custodial arrest ~~Those~~

14 ~~released on citation shall be scheduled into court within 21~~

15 ~~days~~.

16 (a-3) A person arrested with or without a warrant for an

17 offense for which pretrial release may not be denied may,

18 except as otherwise provided in this Code, be released by a law

19 enforcement ~~the~~ officer without appearing before a judge. ~~The~~

20 ~~releasing officer shall issue the person a summons to appear~~

21 ~~within 21 days.~~ A presumption in favor of pretrial release

22 shall be applied by an arresting officer in the exercise of his

23 or her discretion under this Section.

24 (a-5) A person charged with an offense shall be allowed

25 counsel at the hearing at which pretrial release is determined

26 under Article 110 of this Code. If the defendant desires

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1 counsel for his or her initial appearance but is unable to

2 obtain counsel, the court shall appoint a public defender or

3 licensed attorney at law of this State to represent him or her

4 ~~for purposes of that hearing~~.

5 (b) Upon initial appearance of a person before the court,

6 the judge shall:

7 (1) inform the defendant of the charge against him and

8 shall provide him with a copy of the charge;

9 (2) advise the defendant of his right to counsel and

10 if indigent shall appoint a public defender or licensed

11 attorney at law of this State to represent him in

12 accordance with the provisions of Section 113-3 of this

13 Code;

14 (3) schedule a preliminary hearing in appropriate

15 cases;

16 (4) admit the defendant to pretrial release in

17 accordance with the provisions of Article 110 of this

18 Code, or upon verified petition of the State, proceed with

19 the setting of a detention hearing as provided in Section

20 110-6.1; and

21 (5) order the confiscation of the person's passport or

22 impose travel restrictions on a defendant arrested for

23 first degree murder or other violent crime as defined in

24 Section 3 of the Rights of Crime Victims and Witnesses

25 Act, if the judge determines, based on the factors in

26 Section 110-5 of this Code, that this will reasonably

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1 ensure the appearance of the defendant and compliance by

2 the defendant with all conditions of release.

3 (c) The court may issue an order of protection in

4 accordance with the provisions of Article 112A of this Code.

5 Crime victims shall be given notice by the State's Attorney's

6 office of this hearing as required in paragraph (2) of

7 subsection (b) of Section 4.5 of the Rights of Crime Victims

8 and Witnesses Act and shall be informed of their opportunity

9 at this hearing to obtain an order of protection under Article

10 112A of this Code.

11 (d) At the initial appearance of a defendant in any

12 criminal proceeding, the court must advise the defendant in

13 open court that any foreign national who is arrested or

14 detained has the right to have notice of the arrest or

15 detention given to his or her country's consular

16 representatives and the right to communicate with those

17 consular representatives if the notice has not already been

18 provided. The court must make a written record of so advising

19 the defendant.

20 (e) If consular notification is not provided to a

21 defendant before his or her first appearance in court, the

22 court shall grant any reasonable request for a continuance of

23 the proceedings to allow contact with the defendant's

24 consulate. Any delay caused by the granting of the request by a

25 defendant shall temporarily suspend for the time of the delay

26 the period within which a person shall be tried as prescribed

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1 by subsection (a), (b), or (e) of Section 103-5 of this Code

2 and on the day of the expiration of delay the period shall

3 continue at the point at which it was suspended.

4 (f) At the hearing at which conditions of pretrial release

5 are determined, the person charged shall be present in person

6 rather than by two-way audio-video communication system unless

7 the accused waives the right to be present physically in

8 court, the court determines that the physical health and

9 safety of any person necessary to the proceedings would be

10 endangered by appearing in court, or the chief judge of the

11 circuit orders use of that system due to operational

12 challenges in conducting the hearing in person. Such

13 operational challenges must be documented and approved by the

14 chief judge of the circuit, and a plan to address the

15 challenges through reasonable efforts must be presented and

16 approved by the Administrative Office of the Illinois Courts

17 every 6 months. ~~video phone or any other form of electronic~~

18 ~~communication, unless the physical health and safety of the~~

19 ~~person would be endangered by appearing in court or the~~

20 ~~accused waives the right to be present in person.~~

21 (g) Defense counsel shall be given adequate opportunity to

22 confer with the defendant prior to any hearing in which

23 conditions of release or the detention of the defendant is to

24 be considered, with a physical accommodation made to

25 facilitate attorney/client consultation. If defense counsel

26 needs to confer or consult with the defendant during any

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LRB102 03109 RLC 41994 a

1 hearing conducted via a two-way audio-visual communication

2 system, such consultation shall not be recorded and shall be

3 undertaken consistent with constitutional protections.

4 (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)

5 (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)

6 (Text of Section before amendment by P.A. 101-652)

7 Sec. 109-2. Person arrested in another county.

8 (a) Any person arrested in a county other than the one in

9 which a warrant for his arrest was issued shall be taken

10 without unnecessary delay before the nearest and most

11 accessible judge in the county where the arrest was made or, if

12 no additional delay is created, before the nearest and most

13 accessible judge in the county from which the warrant was

14 issued. He shall be admitted to bail in the amount specified in

15 the warrant or, for offenses other than felonies, in an amount

16 as set by the judge, and such bail shall be conditioned on his

17 appearing in the court issuing the warrant on a certain date.

18 The judge may hold a hearing to determine if the defendant is

19 the same person as named in the warrant.

20 (b) Notwithstanding the provisions of subsection (a), any

21 person arrested in a county other than the one in which a

22 warrant for his arrest was issued, may waive the right to be

23 taken before a judge in the county where the arrest was made.

24 If a person so arrested waives such right, the arresting

25 agency shall surrender such person to a law enforcement agency

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1 of the county that issued the warrant without unnecessary

2 delay. The provisions of Section 109-1 shall then apply to the

3 person so arrested.

4 (Source: P.A. 86-298.)

5 (Text of Section after amendment by P.A. 101-652)

6 Sec. 109-2. Person arrested in another county.

7 (a) Any person arrested in a county other than the one in

8 which a warrant for his arrest was issued shall be taken

9 without unnecessary delay before the nearest and most

10 accessible judge in the county where the arrest was made or, if

11 no additional delay is created, before the nearest and most

12 accessible judge in the county from which the warrant was

13 issued. ~~Upon arrival in the county in which the warrant was~~

14 ~~issued, the status of the arrested person's release status~~

15 ~~shall be determined by the release revocation process~~

16 ~~described in Section 110-6.~~ The judge may hold a hearing to

17 determine if the defendant is the same person as named in the

18 warrant.

19 (b) Notwithstanding the provisions of subsection (a), any

20 person arrested in a county other than the one in which a

21 warrant for his arrest was issued, may waive the right to be

22 taken before a judge in the county where the arrest was made.

23 If a person so arrested waives such right, the arresting

24 agency shall surrender such person to a law enforcement agency

25 of the county that issued the warrant without unnecessary

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1 delay. The provisions of Section 109-1 shall then apply to the

2 person so arrested.

3 (c) If a person is taken before a judge in any county and a

4 warrant for arrest issued by another Illinois county exists

5 for that person, the court in the arresting county shall hold

6 for that person a detention hearing under Section 110-6.1, or

7 other hearing under Section 110-5 or Section 110-6. ~~If a~~

8 ~~defendant is charged with a felony offense, but has a warrant~~

9 ~~in another county, the defendant shall be taken to the county~~

10 ~~that issued the warrant within 72 hours of the completion of~~

11 ~~condition or detention hearing, so that release or detention~~

12 ~~status can be resolved. This provision shall not apply to~~

13 ~~warrants issued outside of Illinois.~~

14 (d) After the court in the arresting county has determined

15 whether the person shall be released or detained on the

16 arresting offense, the court shall then order the sheriff to

17 immediately contact the sheriff in any county where any

18 warrant is outstanding and notify them of the arrest of the

19 individual.

20 (e) If a person has a warrant in another county for an

21 offense, then, no later than 5 calendar days after the end of

22 any detention issued on the charge in the arresting county,

23 the county where the warrant is outstanding shall do one of the

24 following:

25 (1) transport the person to the county where the

26 warrant was issued for a hearing under Section 110-6 or

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1 110-6.1 in the matter for which the warrant was issued; or

2 (2) quash the warrant and order the person released on

3 the case for which the warrant was issued only when the

4 county that issued the warrant fails to transport the

5 defendant in the timeline as proscribed.

6 (f) If the issuing county fails to take any action under

7 subsection (e) within 5 calendar days, the defendant shall be

8 released from custody on the warrant, and the circuit judge or

9 associate circuit judge in the county of arrest shall set

10 conditions of release under Section 110-5 and shall admit the

11 defendant to pretrial release for his or her appearance before

12 the court named in the warrant. Upon releasing the defendant,

13 the circuit judge or associate circuit judge shall certify

14 such a fact on the warrant and deliver the warrant and the

15 acknowledgment by the defendant of his or her receiving the

16 conditions of pretrial release to the officer having charge of

17 the defendant from arrest and without delay deliver such

18 warrant and such acknowledgment by the defendant of his or her

19 receiving the conditions to the court before which the

20 defendant is required to appear.

21 (g) If a person has a warrant in another county, in lieu of

22 transporting the person to the issuing county as outlined in

23 subsection (e), the issuing county may hold the hearing by way

24 of a two-way audio-visual communication system if the accused

25 waives the right to be physically present in court, the court

26 determines that the physical health and safety of any person

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1 necessary to the proceedings would be endangered by appearing

2 in court, or the chief judge of the circuit orders use of that

3 system due to operational challenges in conducting the hearing

4 in person. Such operational challenges must be documented and

5 approved by the chief judge of the circuit, and a plan to

6 address the challenges through reasonable efforts must be

7 presented and approved by the Administrative Office of the

8 Illinois Courts every 6 months.

9 (h) If more than 2 Illinois county warrants exist, the

10 judge in the county of arrest shall order that the process

11 described in subsections (d) through (f) occur in each county

12 in whatever order the judge finds most appropriate. Each judge

13 in each subsequent county shall then follow the rules in this

14 Section.

15 (i) This Section applies only to warrants issued by

16 Illinois state, county, or municipal courts.

17 (j) When an issuing agency is contacted by an out-of-state

18 agency of a person arrested for any offense, or when an

19 arresting agency is contacted by or contacts an out-of-state

20 issuing agency, the Uniform Criminal Extradition Act shall

21 govern.

22 (Source: P.A. 101-652, eff. 1-1-23.)

23 (725 ILCS 5/109-3) (from Ch. 38, par. 109-3)

24 (Text of Section before amendment by P.A. 101-652)

25 Sec. 109-3. Preliminary examination.)

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1 (a) The judge shall hold the defendant to answer to the

2 court having jurisdiction of the offense if from the evidence

3 it appears there is probable cause to believe an offense has

4 been committed by the defendant, as provided in Section

5 109-3.1 of this Code, if the offense is a felony.

6 (b) If the defendant waives preliminary examination the

7 judge shall hold him to answer and may, or on the demand of the

8 prosecuting attorney shall, cause the witnesses for the State

9 to be examined. After hearing the testimony if it appears that

10 there is not probable cause to believe the defendant guilty of

11 any offense the judge shall discharge him.

12 (c) During the examination of any witness or when the

13 defendant is making a statement or testifying the judge may

14 and on the request of the defendant or State shall exclude all

15 other witnesses. He may also cause the witnesses to be kept

16 separate and to be prevented from communicating with each

17 other until all are examined.

18 (d) If the defendant is held to answer the judge may

19 require any material witness for the State or defendant to

20 enter into a written undertaking to appear at the trial, and

21 may provide for the forfeiture of a sum certain in the event

22 the witness does not appear at the trial. Any witness who

23 refuses to execute a recognizance may be committed by the

24 judge to the custody of the sheriff until trial or further

25 order of the court having jurisdiction of the cause. Any

26 witness who executes a recognizance and fails to comply with

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1 its terms shall, in addition to any forfeiture provided in the

2 recognizance, be subject to the penalty provided in Section

3 32-10 of the Criminal Code of 2012 for violation of bail bond.

4 (e) During preliminary hearing or examination the

5 defendant may move for an order of suppression of evidence

6 pursuant to Section 114-11 or 114-12 of this Act or for other

7 reasons, and may move for dismissal of the charge pursuant to

8 Section 114-1 of this Act or for other reasons.

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

10 (Text of Section after amendment by P.A. 101-652)

11 Sec. 109-3. Preliminary examination.~~)~~

12 (a) The judge shall hold the defendant to answer to the

13 court having jurisdiction of the offense if from the evidence

14 it appears there is probable cause to believe an offense has

15 been committed by the defendant, as provided in Section

16 109-3.1 of this Code, if the offense is a felony.

17 (b) If the defendant waives preliminary examination the

18 judge shall hold him to answer and may, or on the demand of the

19 prosecuting attorney shall, cause the witnesses for the State

20 to be examined. After hearing the testimony if it appears that

21 there is not probable cause to believe the defendant guilty of

22 any offense the judge shall discharge him.

23 (c) During the examination of any witness or when the

24 defendant is making a statement or testifying the judge may

25 and on the request of the defendant or State shall exclude all

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1 other witnesses. He may also cause the witnesses to be kept

2 separate and to be prevented from communicating with each

3 other until all are examined.

4 (d) If the defendant is held to answer the judge may

5 require any material witness for the State or defendant to

6 enter into a written undertaking to appear at the trial~~, and~~

7 ~~may provide for the forfeiture of a sum certain in the event~~

8 ~~the witness does not appear at the trial~~. Any witness who

9 refuses to execute a recognizance may be committed by the

10 judge to the custody of the sheriff until trial or further

11 order of the court having jurisdiction of the cause. Any

12 witness who executes a recognizance and fails to comply with

13 its terms commits a Class C misdemeanor ~~shall, in addition to~~

14 ~~any forfeiture provided in the recognizance, be subject to the~~

15 ~~penalty provided in Section 32-10 of the Criminal Code of 2012~~

16 ~~for violation of the conditions of pretrial release~~.

17 (e) During preliminary hearing or examination the

18 defendant may move for an order of suppression of evidence

19 pursuant to Section 114-11 or 114-12 of this Act or for other

20 reasons, and may move for dismissal of the charge pursuant to

21 Section 114-1 of this Act or for other reasons.

22 (Source: P.A. 101-652, eff. 1-1-23.)

23 (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)

24 (Text of Section before amendment by P.A. 101-652)

25 Sec. 109-3.1. Persons charged with felonies.

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1 (a) In any case involving a person charged with a felony in

2 this State, alleged to have been committed on or after January

3 1, 1984, the provisions of this Section shall apply.

4 (b) Every person in custody in this State for the alleged

5 commission of a felony shall receive either a preliminary

6 examination as provided in Section 109-3 or an indictment by

7 Grand Jury as provided in Section 111-2, within 30 days from

8 the date he or she was taken into custody. Every person on bail

9 or recognizance for the alleged commission of a felony shall

10 receive either a preliminary examination as provided in

11 Section 109-3 or an indictment by Grand Jury as provided in

12 Section 111-2, within 60 days from the date he or she was

13 arrested.

14 The provisions of this paragraph shall not apply in the

15 following situations:

16 (1) when delay is occasioned by the defendant; or

17 (2) when the defendant has been indicted by the Grand

18 Jury on the felony offense for which he or she was

19 initially taken into custody or on an offense arising from

20 the same transaction or conduct of the defendant that was

21 the basis for the felony offense or offenses initially

22 charged; or

23 (3) when a competency examination is ordered by the

24 court; or

25 (4) when a competency hearing is held; or

26 (5) when an adjudication of incompetency for trial has

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1 been made; or

2 (6) when the case has been continued by the court

3 under Section 114-4 of this Code after a determination

4 that the defendant is physically incompetent to stand

5 trial.

6 (c) Delay occasioned by the defendant shall temporarily

7 suspend, for the time of the delay, the period within which the

8 preliminary examination must be held. On the day of expiration

9 of the delay the period in question shall continue at the point

10 at which it was suspended.

11 (Source: P.A. 83-644.)

12 (Text of Section after amendment by P.A. 101-652)

13 Sec. 109-3.1. Persons charged with felonies.

14 (a) In any case involving a person charged with a felony in

15 this State, alleged to have been committed on or after January

16 1, 1984, the provisions of this Section shall apply.

17 (b) Every person in custody in this State for the alleged

18 commission of a felony shall receive either a preliminary

19 examination as provided in Section 109-3 or an indictment by

20 Grand Jury as provided in Section 111-2, within 30 days from

21 the date he or she was taken into custody. Every person

22 released pretrial ~~on pretrial release or recognizance~~ for the

23 alleged commission of a felony shall receive either a

24 preliminary examination as provided in Section 109-3 or an

25 indictment by Grand Jury as provided in Section 111-2, within

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1 60 days from the date he or she was arrested.

2 The provisions of this paragraph shall not apply in the

3 following situations:

4 (1) when delay is occasioned by the defendant; or

5 (2) when the defendant has been indicted by the Grand

6 Jury on the felony offense for which he or she was

7 initially taken into custody or on an offense arising from

8 the same transaction or conduct of the defendant that was

9 the basis for the felony offense or offenses initially

10 charged; or

11 (3) when a competency examination is ordered by the

12 court; or

13 (4) when a competency hearing is held; or

14 (5) when an adjudication of incompetency for trial has

15 been made; or

16 (6) when the case has been continued by the court

17 under Section 114-4 of this Code after a determination

18 that the defendant is physically incompetent to stand

19 trial.

20 (c) Delay occasioned by the defendant shall temporarily

21 suspend, for the time of the delay, the period within which the

22 preliminary examination must be held. On the day of expiration

23 of the delay the period in question shall continue at the point

24 at which it was suspended.

25 (Source: P.A. 101-652, eff. 1-1-23.)

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1 (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)

2 (Text of Section before amendment by P.A. 101-652)

3 Sec. 110-1. Definitions.

4 (a) "Security" is that which is required to be pledged to

5 insure the payment of bail.

6 (b) "Sureties" encompasses the monetary and nonmonetary

7 requirements set by the court as conditions for release either

8 before or after conviction. "Surety" is one who executes a

9 bail bond and binds himself to pay the bail if the person in

10 custody fails to comply with all conditions of the bail bond.

11 (c) The phrase "for which a sentence of imprisonment,

12 without conditional and revocable release, shall be imposed by

13 law as a consequence of conviction" means an offense for which

14 a sentence of imprisonment, without probation, periodic

15 imprisonment or conditional discharge, is required by law upon

16 conviction.

17 (d) "Real and present threat to the physical safety of any

18 person or persons", as used in this Article, includes a threat

19 to the community, person, persons or class of persons.

20 (Source: P.A. 85-892; 102-813, eff. 5-13-22.)

21 (Text of Section after amendment by P.A. 101-652)

22 Sec. 110-1. Definitions. As used in this Article:

23 (a) ~~(Blank).~~

24 (b) "Sureties" encompasses the ~~monetary and~~ nonmonetary

25 requirements set by the court as conditions for release either

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1 before or after conviction.

2 (c) The phrase "for which a sentence of imprisonment,

3 without conditional and revocable release, shall be imposed by

4 law as a consequence of conviction" means an offense for which

5 a sentence of imprisonment in the Department of Corrections,

6 without probation, periodic imprisonment or conditional

7 discharge, is required by law upon conviction.

8 (d)(Blank).

9 (e) "Protective order" means any order of protection

10 issued under Section 112A-14 of this Code or Section 214 of the

11 Illinois Domestic Violence Act of 1986, a stalking no contact

12 order issued under Section 80 of the Stalking No Contact Order

13 Act, or a civil no contact order issued under Section 213 of

14 the Civil No Contact Order Act.

15 (f) ~~(e)~~ "Willful flight" means intentional conduct with a

16 purpose to thwart the judicial process to avoid prosecution.

17 Isolated instances of nonappearance in court alone are not

18 evidence of the risk of willful flight. Reoccurrence and

19 patterns of intentional conduct to evade prosecution, along

20 with any affirmative steps to communicate or remedy any such

21 missed court date, may be considered as factors in assessing

22 future intent to evade prosecution ~~planning or attempting to~~

23 ~~intentionally evade prosecution by concealing oneself. Simple~~

24 ~~past non-appearance in court alone is not evidence of future~~

25 ~~intent to evade prosecution~~.

26 (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)

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1 (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)

2 (Text of Section before amendment by P.A. 101-652)

3 Sec. 110-2. Release on own recognizance. When from all the

4 circumstances the court is of the opinion that the defendant

5 will appear as required either before or after conviction and

6 the defendant will not pose a danger to any person or the

7 community and that the defendant will comply with all

8 conditions of bond, which shall include the defendant's

9 current address with a written admonishment to the defendant

10 that he or she must comply with the provisions of Section

11 110-12 of this Code regarding any change in his or her address,

12 the defendant may be released on his or her own recognizance.

13 The defendant's address shall at all times remain a matter of

14 public record with the clerk of the court. A failure to appear

15 as required by such recognizance shall constitute an offense

16 subject to the penalty provided in Section 32-10 of the

17 Criminal Code of 2012 for violation of the bail bond, and any

18 obligated sum fixed in the recognizance shall be forfeited and

19 collected in accordance with subsection (g) of Section 110-7

20 of this Code.

21 This Section shall be liberally construed to effectuate

22 the purpose of relying upon contempt of court proceedings or

23 criminal sanctions instead of financial loss to assure the

24 appearance of the defendant, and that the defendant will not

25 pose a danger to any person or the community and that the

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1 defendant will comply with all conditions of bond. Monetary

2 bail should be set only when it is determined that no other

3 conditions of release will reasonably assure the defendant's

4 appearance in court, that the defendant does not present a

5 danger to any person or the community and that the defendant

6 will comply with all conditions of bond.

7 The State may appeal any order permitting release by

8 personal recognizance.

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

10 (Text of Section after amendment by P.A. 101-652)

11 Sec. 110-2. Pretrial release. ~~Release on own recognizance.~~

12 (a) All persons charged with an offense shall be eligible

13 for pretrial release before conviction. It is presumed that a

14 defendant is entitled to release on personal recognizance on

15 the condition that the defendant attend all required court

16 proceedings and the defendant does not commit any criminal

17 offense, and complies with all terms of pretrial release,

18 including, but not limited to, orders of protection under both

19 Section 112A-4 of this Code and Section 214 of the Illinois

20 Domestic Violence Act of 1986, all civil no contact orders,

21 and all stalking no contact orders. Pretrial release may be

22 denied only if a person is charged with an offense listed in

23 Section 110-6.1 and after the court has held a hearing under

24 Section 110-6.1, and in a manner consistent with subsections

25 (b), (c), and (d) of this Section.

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1 (b) At all pretrial hearings, the prosecution shall have

2 the burden to prove by clear and convincing evidence that any

3 condition of release is necessary. ~~Additional conditions of~~

4 ~~release, including those highlighted above, shall be set only~~

5 ~~when it is determined that they are necessary to assure the~~

6 ~~defendant's appearance in court, assure the defendant does not~~

7 ~~commit any criminal offense, and complies with all conditions~~

8 ~~of pretrial release.~~

9 (c) When it is alleged that pretrial release should be

10 denied to a person upon the grounds that the person presents a

11 real and present threat to the safety of any person or persons

12 or the community, based on the specific articulable facts of

13 the case, the burden of proof of such allegations shall be upon

14 the State ~~Detention only shall be imposed when it is~~

15 ~~determined that the defendant poses a specific, real and~~

16 ~~present threat to a person, or has a high likelihood of willful~~

17 ~~flight. If the court deems that the defendant is to be released~~

18 ~~on personal recognizance, the court may require that a written~~

19 ~~admonishment be signed by the defendant requiring that he or~~

20 ~~she must comply with the provisions of Section 110-12 of this~~

21 ~~Code regarding any change in his or her address. The defendant~~

22 ~~may be released on his or her own recognizance upon signature.~~

23 ~~The defendant's address shall at all times remain a matter of~~

24 ~~public record with the clerk of the court. A failure to appear~~

25 ~~as required by such recognizance shall constitute an offense~~

26 ~~subject to the penalty provided in Section 32-10 of the~~

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1 ~~Criminal Code of 2012 for violation of the conditions of~~

2 ~~pretrial release~~.

3 (d) When it is alleged that pretrial release should be

4 denied to a person charged with stalking or aggravated

5 stalking upon the grounds set forth in Section 110-6.3, the

6 burden of proof of those allegations shall be upon the State

7 ~~If, after the procedures set out in Section 110-6.1, the court~~

8 ~~decides to detain the defendant, the Court must make a written~~

9 ~~finding as to why less restrictive conditions would not assure~~

10 ~~safety to the community and assure the defendant's appearance~~

11 ~~in court. At each subsequent appearance of the defendant~~

12 ~~before the Court, the judge must find that continued detention~~

13 ~~or the current set of conditions imposed are necessary to~~

14 ~~avoid the specific, real and present threat to any person or of~~

15 ~~willful flight from prosecution to continue detention of the~~

16 ~~defendant. The court is not required to be presented with new~~

17 ~~information or a change in circumstance to consider~~

18 ~~reconsidering pretrial detention on current conditions~~.

19 (e) This Section shall be liberally construed to

20 effectuate the purpose of relyingon pretrial release by

21 nonmonetary means to reasonably ensure an eligible person's

22 appearance in court, the protection of the safety of any other

23 person or the community, that the person will not attempt or

24 obstruct the criminal justice process, and the person's

25 compliance with all conditions of release, while authorizing

26 the court, upon motion of a prosecutor, to order pretrial

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1 detention of the person under Section 110-6.1 when it finds

2 clear and convincing evidence that no condition or combination

3 of conditions can reasonably ensure the effectuation of these

4 goals ~~upon contempt of court proceedings or criminal sanctions~~

5 ~~instead of financial loss to assure the appearance of the~~

6 ~~defendant, and that the defendant will not pose a danger to any~~

7 ~~person or the community and that the defendant will not pose a~~

8 ~~danger to any person or the community and that the defendant~~

9 ~~will comply with all conditions of pretrial release~~.

10 (Source: P.A. 101-652, eff. 1-1-23.)

11 (725 ILCS 5/110-3) (from Ch. 38, par. 110-3)

12 (Text of Section before amendment by P.A. 101-652)

13 Sec. 110-3. Issuance of warrant. Upon failure to comply

14 with any condition of a bail bond or recognizance, the court

15 having jurisdiction at the time of such failure may, in

16 addition to any other action provided by law, issue a warrant

17 for the arrest of the person at liberty on bail or his own

18 recognizance. The contents of such a warrant shall be the same

19 as required for an arrest warrant issued upon complaint. When

20 a defendant is at liberty on bail or his own recognizance on a

21 felony charge and fails to appear in court as directed, the

22 court shall issue a warrant for the arrest of such person. Such

23 warrant shall be noted with a directive to peace officers to

24 arrest the person and hold such person without bail and to

25 deliver such person before the court for further proceedings.

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1 A defendant who is arrested or surrenders within 30 days of the

2 issuance of such warrant shall not be bailable in the case in

3 question unless he shows by the preponderance of the evidence

4 that his failure to appear was not intentional.

5 (Source: P.A. 102-813, eff. 5-13-22.)

6 (Text of Section after amendment by P.A. 101-652)

7 Sec. 110-3. Options for warrant alternatives.

8 (a) Upon failure to comply with any condition of pretrial

9 release ~~or recognizance~~, the court having jurisdiction at the

10 time of such failure may, on its own motion or upon motion from

11 the State, issue a summons or ~~an order to show cause as to why~~

12 ~~he or she shall not be subject to revocation of pretrial~~

13 ~~release, or for sanctions, as provided in Section 110-6.~~

14 ~~Nothing in this Section prohibits the court from issuing~~ a

15 warrant for the arrest of the person at liberty on pretrial

16 release. This Section shall be construed to effectuate the

17 goal of relying upon summonses rather than warrants to ensure

18 the appearance of the defendant in court whenever possible.

19 The contents of such a summons or warrant shall be the same as

20 required for those issued upon complaint under Section 107-9.

21 ~~under subsection (c) upon failure to comply with any condition~~

22 ~~of pretrial release or recognizance.~~

23 (b) A defendant who appears in court on the date assigned

24 or within 48 hours of service, whichever is later, in response

25 to a summons issued for failure to appear in court, shall not

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1 be recorded in the official docket as having failed to appear

2 on the initial missed court date. If a person fails to appear

3 in court on the date listed on the summons, the court may issue

4 a warrant for the person's arrest.

5 (c) For the purpose of any risk assessment or future

6 evaluation of risk of willful flight or risk of failure to

7 appear, a nonappearance in court cured by an appearance in

8 response to a summons shall not be considered as evidence of

9 future likelihood of appearance in court.

10 ~~(b) The order issued by the court shall state the facts~~

11 ~~alleged to constitute the hearing to show cause or otherwise~~

12 ~~why the person is subject to revocation of pretrial release. A~~

13 ~~certified copy of the order shall be served upon the person at~~

14 ~~least 48 hours in advance of the scheduled hearing.~~

15 ~~(c) If the person does not appear at the hearing to show~~

16 ~~cause or absconds, the court may, in addition to any other~~

17 ~~action provided by law, issue a warrant for the arrest of the~~

18 ~~person at liberty on pretrial release. The contents of such a~~

19 ~~warrant shall be the same as required for an arrest warrant~~

20 ~~issued upon complaint and may modify any previously imposed~~

21 ~~conditions placed upon the person, rather than revoking~~

22 ~~pretrial release or issuing a warrant for the person in~~

23 ~~accordance with the requirements in subsections (d) and (e) of~~

24 ~~Section 110-5. When a defendant is at liberty on pretrial~~

25 ~~release or his own recognizance on a felony charge and fails to~~

26 ~~appear in court as directed, the court may issue a warrant for~~

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1 ~~the arrest of such person after his or her failure to appear at~~

2 ~~the show for cause hearing as provided in this Section. Such~~

3 ~~warrant shall be noted with a directive to peace officers to~~

4 ~~arrest the person and hold such person without pretrial~~

5 ~~release and to deliver such person before the court for~~

6 ~~further proceedings.~~

7 ~~(d) If the order as described in subsection (b) is issued,~~

8 ~~a failure to appear shall not be recorded until the defendant~~

9 ~~fails to appear at the hearing to show cause. For the purpose~~

10 ~~of any risk assessment or future evaluation of risk of willful~~

11 ~~flight or risk of failure to appear, a non-appearance in court~~

12 ~~cured by an appearance at the hearing to show cause shall not~~

13 ~~be considered as evidence of future likelihood of appearance~~

14 ~~in court.~~

15 (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)

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

17 (Text of Section before amendment by P.A. 101-652)

18 Sec. 110-5. Determining the amount of bail and conditions

19 of release.

20 (a) In determining the amount of monetary bail or

21 conditions of release, if any, which will reasonably assure

22 the appearance of a defendant as required or the safety of any

23 other person or the community and the likelihood of compliance

24 by the defendant with all the conditions of bail, the court

25 shall, on the basis of available information, take into

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1 account such matters as the nature and circumstances of the

2 offense charged, whether the evidence shows that as part of

3 the offense there was a use of violence or threatened use of

4 violence, whether the offense involved corruption of public

5 officials or employees, whether there was physical harm or

6 threats of physical harm to any public official, public

7 employee, judge, prosecutor, juror or witness, senior citizen,

8 child, or person with a disability, whether evidence shows

9 that during the offense or during the arrest the defendant

10 possessed or used a firearm, machine gun, explosive or metal

11 piercing ammunition or explosive bomb device or any military

12 or paramilitary armament, whether the evidence shows that the

13 offense committed was related to or in furtherance of the

14 criminal activities of an organized gang or was motivated by

15 the defendant's membership in or allegiance to an organized

16 gang, the condition of the victim, any written statement

17 submitted by the victim or proffer or representation by the

18 State regarding the impact which the alleged criminal conduct

19 has had on the victim and the victim's concern, if any, with

20 further contact with the defendant if released on bail,

21 whether the offense was based on racial, religious, sexual

22 orientation or ethnic hatred, the likelihood of the filing of

23 a greater charge, the likelihood of conviction, the sentence

24 applicable upon conviction, the weight of the evidence against

25 such defendant, whether there exists motivation or ability to

26 flee, whether there is any verification as to prior residence,

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1 education, or family ties in the local jurisdiction, in

2 another county, state or foreign country, the defendant's

3 employment, financial resources, character and mental

4 condition, past conduct, prior use of alias names or dates of

5 birth, and length of residence in the community, the consent

6 of the defendant to periodic drug testing in accordance with

7 Section 110-6.5, whether a foreign national defendant is

8 lawfully admitted in the United States of America, whether the

9 government of the foreign national maintains an extradition

10 treaty with the United States by which the foreign government

11 will extradite to the United States its national for a trial

12 for a crime allegedly committed in the United States, whether

13 the defendant is currently subject to deportation or exclusion

14 under the immigration laws of the United States, whether the

15 defendant, although a United States citizen, is considered

16 under the law of any foreign state a national of that state for

17 the purposes of extradition or non-extradition to the United

18 States, the amount of unrecovered proceeds lost as a result of

19 the alleged offense, the source of bail funds tendered or

20 sought to be tendered for bail, whether from the totality of

21 the court's consideration, the loss of funds posted or sought

22 to be posted for bail will not deter the defendant from flight,

23 whether the evidence shows that the defendant is engaged in

24 significant possession, manufacture, or delivery of a

25 controlled substance or cannabis, either individually or in

26 consort with others, whether at the time of the offense

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1 charged he or she was on bond or pre-trial release pending

2 trial, probation, periodic imprisonment or conditional

3 discharge pursuant to this Code or the comparable Code of any

4 other state or federal jurisdiction, whether the defendant is

5 on bond or pre-trial release pending the imposition or

6 execution of sentence or appeal of sentence for any offense

7 under the laws of Illinois or any other state or federal

8 jurisdiction, whether the defendant is under parole, aftercare

9 release, mandatory supervised release, or work release from

10 the Illinois Department of Corrections or Illinois Department

11 of Juvenile Justice or any penal institution or corrections

12 department of any state or federal jurisdiction, the

13 defendant's record of convictions, whether the defendant has

14 been convicted of a misdemeanor or ordinance offense in

15 Illinois or similar offense in other state or federal

16 jurisdiction within the 10 years preceding the current charge

17 or convicted of a felony in Illinois, whether the defendant

18 was convicted of an offense in another state or federal

19 jurisdiction that would be a felony if committed in Illinois

20 within the 20 years preceding the current charge or has been

21 convicted of such felony and released from the penitentiary

22 within 20 years preceding the current charge if a penitentiary

23 sentence was imposed in Illinois or other state or federal

24 jurisdiction, the defendant's records of juvenile adjudication

25 of delinquency in any jurisdiction, any record of appearance

26 or failure to appear by the defendant at court proceedings,

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1 whether there was flight to avoid arrest or prosecution,

2 whether the defendant escaped or attempted to escape to avoid

3 arrest, whether the defendant refused to identify himself or

4 herself, or whether there was a refusal by the defendant to be

5 fingerprinted as required by law. Information used by the

6 court in its findings or stated in or offered in connection

7 with this Section may be by way of proffer based upon reliable

8 information offered by the State or defendant. All evidence

9 shall be admissible if it is relevant and reliable regardless

10 of whether it would be admissible under the rules of evidence

11 applicable at criminal trials. If the State presents evidence

12 that the offense committed by the defendant was related to or

13 in furtherance of the criminal activities of an organized gang

14 or was motivated by the defendant's membership in or

15 allegiance to an organized gang, and if the court determines

16 that the evidence may be substantiated, the court shall

17 prohibit the defendant from associating with other members of

18 the organized gang as a condition of bail or release. For the

19 purposes of this Section, "organized gang" has the meaning

20 ascribed to it in Section 10 of the Illinois Streetgang

21 Terrorism Omnibus Prevention Act.

22 (a-5) There shall be a presumption that any conditions of

23 release imposed shall be non-monetary in nature and the court

24 shall impose the least restrictive conditions or combination

25 of conditions necessary to reasonably assure the appearance of

26 the defendant for further court proceedings and protect the

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1 integrity of the judicial proceedings from a specific threat

2 to a witness or participant. Conditions of release may

3 include, but not be limited to, electronic home monitoring,

4 curfews, drug counseling, stay-away orders, and in-person

5 reporting. The court shall consider the defendant's

6 socio-economic circumstance when setting conditions of release

7 or imposing monetary bail.

8 (b) The amount of bail shall be:

9 (1) Sufficient to assure compliance with the

10 conditions set forth in the bail bond, which shall include

11 the defendant's current address with a written

12 admonishment to the defendant that he or she must comply

13 with the provisions of Section 110-12 regarding any change

14 in his or her address. The defendant's address shall at

15 all times remain a matter of public record with the clerk

16 of the court.

17 (2) Not oppressive.

18 (3) Considerate of the financial ability of the

19 accused.

20 (4) When a person is charged with a drug related

21 offense involving possession or delivery of cannabis or

22 possession or delivery of a controlled substance as

23 defined in the Cannabis Control Act, the Illinois

24 Controlled Substances Act, or the Methamphetamine Control

25 and Community Protection Act, the full street value of the

26 drugs seized shall be considered. "Street value" shall be

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1 determined by the court on the basis of a proffer by the

2 State based upon reliable information of a law enforcement

3 official contained in a written report as to the amount

4 seized and such proffer may be used by the court as to the

5 current street value of the smallest unit of the drug

6 seized.

7 (b-5) Upon the filing of a written request demonstrating

8 reasonable cause, the State's Attorney may request a source of

9 bail hearing either before or after the posting of any funds.

10 If the hearing is granted, before the posting of any bail, the

11 accused must file a written notice requesting that the court

12 conduct a source of bail hearing. The notice must be

13 accompanied by justifying affidavits stating the legitimate

14 and lawful source of funds for bail. At the hearing, the court

15 shall inquire into any matters stated in any justifying

16 affidavits, and may also inquire into matters appropriate to

17 the determination which shall include, but are not limited to,

18 the following:

19 (1) the background, character, reputation, and

20 relationship to the accused of any surety; and

21 (2) the source of any money or property deposited by

22 any surety, and whether any such money or property

23 constitutes the fruits of criminal or unlawful conduct;

24 and

25 (3) the source of any money posted as cash bail, and

26 whether any such money constitutes the fruits of criminal

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1 or unlawful conduct; and

2 (4) the background, character, reputation, and

3 relationship to the accused of the person posting cash

4 bail.

5 Upon setting the hearing, the court shall examine, under

6 oath, any persons who may possess material information.

7 The State's Attorney has a right to attend the hearing, to

8 call witnesses and to examine any witness in the proceeding.

9 The court shall, upon request of the State's Attorney,

10 continue the proceedings for a reasonable period to allow the

11 State's Attorney to investigate the matter raised in any

12 testimony or affidavit. If the hearing is granted after the

13 accused has posted bail, the court shall conduct a hearing

14 consistent with this subsection (b-5). At the conclusion of

15 the hearing, the court must issue an order either approving or

16 disapproving the bail.

17 (c) When a person is charged with an offense punishable by

18 fine only the amount of the bail shall not exceed double the

19 amount of the maximum penalty.

20 (d) When a person has been convicted of an offense and only

21 a fine has been imposed the amount of the bail shall not exceed

22 double the amount of the fine.

23 (e) The State may appeal any order granting bail or

24 setting a given amount for bail.

25 (f) When a person is charged with a violation of an order

26 of protection under Section 12-3.4 or 12-30 of the Criminal

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1 Code of 1961 or the Criminal Code of 2012 or when a person is

2 charged with domestic battery, aggravated domestic battery,

3 kidnapping, aggravated kidnaping, unlawful restraint,

4 aggravated unlawful restraint, stalking, aggravated stalking,

5 cyberstalking, harassment by telephone, harassment through

6 electronic communications, or an attempt to commit first

7 degree murder committed against an intimate partner regardless

8 whether an order of protection has been issued against the

9 person,

10 (1) whether the alleged incident involved harassment

11 or abuse, as defined in the Illinois Domestic Violence Act

12 of 1986;

13 (2) whether the person has a history of domestic

14 violence, as defined in the Illinois Domestic Violence

15 Act, or a history of other criminal acts;

16 (3) based on the mental health of the person;

17 (4) whether the person has a history of violating the

18 orders of any court or governmental entity;

19 (5) whether the person has been, or is, potentially a

20 threat to any other person;

21 (6) whether the person has access to deadly weapons or

22 a history of using deadly weapons;

23 (7) whether the person has a history of abusing

24 alcohol or any controlled substance;

25 (8) based on the severity of the alleged incident that

26 is the basis of the alleged offense, including, but not

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1 limited to, the duration of the current incident, and

2 whether the alleged incident involved the use of a weapon,

3 physical injury, sexual assault, strangulation, abuse

4 during the alleged victim's pregnancy, abuse of pets, or

5 forcible entry to gain access to the alleged victim;

6 (9) whether a separation of the person from the

7 alleged victim or a termination of the relationship

8 between the person and the alleged victim has recently

9 occurred or is pending;

10 (10) whether the person has exhibited obsessive or

11 controlling behaviors toward the alleged victim,

12 including, but not limited to, stalking, surveillance, or

13 isolation of the alleged victim or victim's family member

14 or members;

15 (11) whether the person has expressed suicidal or

16 homicidal ideations;

17 (12) based on any information contained in the

18 complaint and any police reports, affidavits, or other

19 documents accompanying the complaint,

20 the court may, in its discretion, order the respondent to

21 undergo a risk assessment evaluation using a recognized,

22 evidence-based instrument conducted by an Illinois Department

23 of Human Services approved partner abuse intervention program

24 provider, pretrial service, probation, or parole agency. These

25 agencies shall have access to summaries of the defendant's

26 criminal history, which shall not include victim interviews or

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1 information, for the risk evaluation. Based on the information

2 collected from the 12 points to be considered at a bail hearing

3 under this subsection (f), the results of any risk evaluation

4 conducted and the other circumstances of the violation, the

5 court may order that the person, as a condition of bail, be

6 placed under electronic surveillance as provided in Section

7 5-8A-7 of the Unified Code of Corrections. Upon making a

8 determination whether or not to order the respondent to

9 undergo a risk assessment evaluation or to be placed under

10 electronic surveillance and risk assessment, the court shall

11 document in the record the court's reasons for making those

12 determinations. The cost of the electronic surveillance and

13 risk assessment shall be paid by, or on behalf, of the

14 defendant. As used in this subsection (f), "intimate partner"

15 means a spouse or a current or former partner in a cohabitation

16 or dating relationship.

17 (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;

18 102-813, eff. 5-13-22.)

19 (Text of Section after amendment by P.A. 101-652)

20 Sec. 110-5. Determining the amount of bail and conditions

21 of release.

22 (a) In determining which conditions of pretrial release,

23 if any, will reasonablyensure ~~assure~~ the appearance of a

24 defendant as required or the safety of any other person or the

25 community and the likelihood of compliance by the defendant

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1 with all the conditions of pretrial release, the court shall,

2 on the basis of available information, take into account such

3 matters as:

4 (1) the nature and circumstances of the offense

5 charged;

6 (2) the weight of the evidence against the ~~eligible~~

7 defendant, except that the court may consider the

8 admissibility of any evidence sought to be excluded;

9 (3) the history and characteristics of the ~~eligible~~

10 defendant, including:

11 (A) the ~~eligible~~ defendant's character, physical

12 and mental condition, family ties, employment,

13 financial resources, length of residence in the

14 community, community ties, past relating to drug or

15 alcohol abuse, conduct, history criminal history, and

16 record concerning appearance at court proceedings; and

17 (B) whether, at the time of the current offense or

18 arrest, the ~~eligible~~ defendant was on probation,

19 parole, or on other release pending trial, sentencing,

20 appeal, or completion of sentence for an offense under

21 federal law, or the law of this or any other state;

22 (4) the nature and seriousness of the real and present

23 threat to the safety of any person or persons or the

24 community, based on the specific articulable facts of the

25 case, ~~specific, real and present threat to any person~~ that

26 would be posed by the ~~eligible~~ defendant's release, if

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1 applicable, as required under paragraph (7.5) of Section 4

2 of the Rights of Crime Victims and Witnesses Act; ~~and~~

3 (5) the nature and seriousness of the risk of

4 obstructing or attempting to obstruct the criminal justice

5 process that would be posed by the ~~eligible~~ defendant's

6 release, if applicable; ~~.~~

7 (6) when a person is charged with a violation of a

8 protective order, domestic battery, aggravated domestic

9 battery, kidnapping, aggravated kidnaping, unlawful

10 restraint, aggravated unlawful restraint, cyberstalking,

11 harassment by telephone, harassment through electronic

12 communications, or an attempt to commit first degree

13 murder committed against a spouse or a current or former

14 partner in a cohabitation or dating relationship,

15 regardless of whether an order of protection has been

16 issued against the person, the court may consider the

17 following additional factors:

18 (A) whether the alleged incident involved

19 harassment or abuse, as defined in the Illinois

20 Domestic Violence Act of 1986;

21 (B) whether the person has a history of domestic

22 violence, as defined in the Illinois Domestic Violence

23 Act of 1986, or a history of other criminal acts;

24 (C) the mental health of the person;

25 (D) whether the person has a history of violating

26 the orders of any court or governmental entity;

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1 (E) whether the person has been, or is,

2 potentially a threat to any other person;

3 (F) whether the person has access to deadly

4 weapons or a history of using deadly weapons;

5 (G) whether the person has a history of abusing

6 alcohol or any controlled substance;

7 (H) the severity of the alleged incident that is

8 the basis of the alleged offense, including, but not

9 limited to, the duration of the current incident, and

10 whether the alleged incident involved the use of a

11 weapon, physical injury, sexual assault,

12 strangulation, abuse during the alleged victim's

13 pregnancy, abuse of pets, or forcible entry to gain

14 access to the alleged victim;

15 (I) whether a separation of the person from the

16 victim of abuse or a termination of the relationship

17 between the person and the victim of abuse has

18 recently occurred or is pending;

19 (J) whether the person has exhibited obsessive or

20 controlling behaviors toward the victim of abuse,

21 including, but not limited to, stalking, surveillance,

22 or isolation of the victim of abuse or the victim's

23 family member or members;

24 (K) whether the person has expressed suicidal or

25 homicidal ideations; and

26 (L) any other factors deemed by the court to have a

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1 reasonable bearing upon the defendant's propensity or

2 reputation for violent, abusive, or assaultive

3 behavior, or lack of that behavior.

4 (7) in cases of stalking or aggravated stalking under

5 Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the

6 court may consider the factors listed in paragraph (6) and

7 the following additional factors:

8 (A) any evidence of the defendant's prior criminal

9 history indicative of violent, abusive or assaultive

10 behavior, or lack of that behavior; the evidence may

11 include testimony or documents received in juvenile

12 proceedings, criminal, quasi-criminal, civil

13 commitment, domestic relations, or other proceedings;

14 (B) any evidence of the defendant's psychological,

15 psychiatric, or other similar social history that

16 tends to indicate a violent, abusive, or assaultive

17 nature, or lack of any such history;

18 (C) the nature of the threat that is the basis of

19 the charge against the defendant;

20 (D) any statements made by, or attributed to, the

21 defendant, together with the circumstances surrounding

22 them;

23 (E) the age and physical condition of any person

24 allegedly assaulted by the defendant;

25 (F) whether the defendant is known to possess or

26 have access to any weapon or weapons; and

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1 (G) any other factors deemed by the court to have a

2 reasonable bearing upon the defendant's propensity or

3 reputation for violent, abusive, or assaultive

4 behavior, or lack of that behavior.

5 (b) The court may use a regularly validated risk

6 assessment tool to aid its determination of appropriate

7 conditions of release as provided under Section 110-6.4. If a

8 risk assessment tool is used, the defendant's counsel shall be

9 provided with the information and scoring system of the risk

10 assessment tool used to arrive at the determination. The

11 defendant retains the right to challenge the validity of a

12 risk assessment tool used by the court and to present evidence

13 relevant to the defendant's challenge.

14 (c) ~~(b)~~ The court shall impose any conditions that are

15 mandatory under subsection (a) of Section 110-10. The court

16 may impose any conditions that are permissible under

17 subsection (b) of Section 110-10. The conditions of release

18 imposed shall be the least restrictive conditions or

19 combination of conditions necessary to reasonably ensure the

20 appearance of the defendant as required or the safety of any

21 other person or persons or the community.

22 ~~(b-5) When a person is charged with a violation of an order~~

23 ~~of protection under Section 12-3.4 or 12-30 of the Criminal~~

24 ~~Code of 1961 or the Criminal Code of 2012 or when a person is~~

25 ~~charged with domestic battery, aggravated domestic battery,~~

26 ~~kidnapping, aggravated kidnaping, unlawful restraint,~~

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1 ~~aggravated unlawful restraint, stalking, aggravated stalking,~~

2 ~~cyberstalking, harassment by telephone, harassment through~~

3 ~~electronic communications, or an attempt to commit first~~

4 ~~degree murder committed against an intimate partner regardless~~

5 ~~whether an order of protection has been issued against the~~

6 ~~person,~~

7 ~~(1) whether the alleged incident involved harassment~~

8 ~~or abuse, as defined in the Illinois Domestic Violence Act~~

9 ~~of 1986;~~

10 ~~(2) whether the person has a history of domestic~~

11 ~~violence, as defined in the Illinois Domestic Violence~~

12 ~~Act, or a history of other criminal acts;~~

13 ~~(3) based on the mental health of the person;~~

14 ~~(4) whether the person has a history of violating the~~

15 ~~orders of any court or governmental entity;~~

16 ~~(5) whether the person has been, or is, potentially a~~

17 ~~threat to any other person;~~

18 ~~(6) whether the person has access to deadly weapons or~~

19 ~~a history of using deadly weapons;~~

20 ~~(7) whether the person has a history of abusing~~

21 ~~alcohol or any controlled substance;~~

22 ~~(8) based on the severity of the alleged incident that~~

23 ~~is the basis of the alleged offense, including, but not~~

24 ~~limited to, the duration of the current incident, and~~

25 ~~whether the alleged incident involved the use of a weapon,~~

26 ~~physical injury, sexual assault, strangulation, abuse~~

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1 ~~during the alleged victim's pregnancy, abuse of pets, or~~

2 ~~forcible entry to gain access to the alleged victim;~~

3 ~~(9) whether a separation of the person from the victim~~

4 ~~of abuse or a termination of the relationship between the~~

5 ~~person and the victim of abuse has recently occurred or is~~

6 ~~pending;~~

7 ~~(10) whether the person has exhibited obsessive or~~

8 ~~controlling behaviors toward the victim of abuse,~~

9 ~~including, but not limited to, stalking, surveillance, or~~

10 ~~isolation of the victim of abuse or victim's family member~~

11 ~~or members;~~

12 ~~(11) whether the person has expressed suicidal or~~

13 ~~homicidal ideations;~~

14 ~~(11.5) any other factors deemed by the court to have a~~

15 ~~reasonable bearing upon the defendant's propensity or~~

16 ~~reputation for violent, abusive or assaultive behavior, or~~

17 ~~lack of that behavior.~~

18 ~~(c) In cases of stalking or aggravated stalking under~~

19 ~~Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the~~

20 ~~court may consider the following additional factors:~~

21 ~~(1) Any evidence of the defendant's prior criminal~~

22 ~~history indicative of violent, abusive or assaultive~~

23 ~~behavior, or lack of that behavior. The evidence may~~

24 ~~include testimony or documents received in juvenile~~

25 ~~proceedings, criminal, quasi-criminal, civil commitment,~~

26 ~~domestic relations or other proceedings;~~

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1 ~~(2) Any evidence of the defendant's psychological,~~

2 ~~psychiatric or other similar social history that tends to~~

3 ~~indicate a violent, abusive, or assaultive nature, or lack~~

4 ~~of any such history;~~

5 ~~(3) The nature of the threat which is the basis of the~~

6 ~~charge against the defendant;~~

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 any person~~

11 ~~allegedly assaulted by the defendant;~~

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

13 ~~access to any weapon or weapons;~~

14 ~~(7) Any other factors deemed by the court to have a~~

15 ~~reasonable bearing upon the defendant's propensity or~~

16 ~~reputation for violent, abusive or assaultive behavior, or~~

17 ~~lack of that behavior.~~

18 (d) When a person is charged with a violation of a

19 protective order, the court may order the defendant placed

20 under electronic surveillance as a condition of pretrial

21 release, as provided in Section 5-8A-7 of the Unified Code of

22 Corrections, based on the information collected under

23 paragraph (6) of subsection (a) of this Section, the results

24 of any assessment conducted, or other circumstances of the

25 violation ~~The Court may use a regularly validated risk~~

26 ~~assessment tool to aid its determination of appropriate~~

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1 ~~conditions of release as provided for in Section 110-6.4. Risk~~

2 ~~assessment tools may not be used as the sole basis to deny~~

3 ~~pretrial release. If a risk assessment tool is used, the~~

4 ~~defendant's counsel shall be provided with the information and~~

5 ~~scoring system of the risk assessment tool used to arrive at~~

6 ~~the determination. The defendant retains the right to~~

7 ~~challenge the validity of a risk assessment tool used by the~~

8 ~~court and to present evidence relevant to the defendant's~~

9 ~~challenge~~.

10 (e) If a person remains in pretrial detention 48 hours

11 after ~~his or her pretrial conditions hearing after~~ having been

12 ordered released with pretrial conditions, the court shall

13 hold a hearing to determine the reason for continued

14 detention. If the reason for continued detention is due to the

15 unavailability or the defendant's ineligibility for one or

16 more pretrial conditions previously ordered by the court or

17 directed by a pretrial services agency, the court shall reopen

18 the conditions of release hearing to determine what available

19 pretrial conditions exist that will reasonably ensure ~~assure~~

20 the appearance of a defendant as required, ~~or~~ the safety of any

21 other person, and the likelihood of compliance by the

22 defendant with all the conditions of pretrial release. The

23 inability of the defendant to pay for a condition of release or

24 any other ineligibility for a condition of pretrial release

25 shall not be used as a justification for the pretrial

26 detention of that defendant.

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1 (f) Prior to the defendant's first appearance, and with

2 sufficient time for meaningful attorney-client contact to

3 gather information in order to advocate effectively for the

4 defendant's pretrial release, the court ~~Court~~ shall appoint

5 the public defender or a licensed attorney at law of this State

6 to represent the defendant for purposes of that hearing,

7 unless the defendant has obtained licensed counsel ~~for~~

8 ~~themselves~~. Defense counsel shall have access to the same

9 documentary information relied upon by the prosecution and

10 presented to the court.

11 (f-5) At each subsequent appearance of the defendant

12 before the court, the judge must find that the current

13 conditions imposed are necessary to reasonably ensure the

14 appearance of the defendant as required, the safety of any

15 other person, and the compliance of the defendant with all the

16 conditions of pretrial release. The court is not required to

17 be presented with new information or a change in circumstance

18 to remove pretrial conditions.

19 (g) Electronic monitoring, GPS monitoring, or home

20 confinement can only be imposed as a condition of pretrial

21 release if a no less restrictive condition of release or

22 combination of less restrictive condition of release would

23 reasonably ensure the appearance of the defendant for later

24 hearings or protect an identifiable person or persons from

25 imminent threat of serious physical harm.

26 (h) If the court imposes electronic monitoring, GPS

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1 monitoring, or home confinement, the court shall set forth in

2 the record the basis for its finding. A defendant shall be

3 given custodial credit for each day he or she was subjected to

4 home confinement ~~that program~~, at the same rate described in

5 subsection (b) of Section 5-4.5-100 of the Unified Code of

6 Corrections. The court may give custodial credit to a

7 defendant for each day the defendant was subjected to GPS

8 monitoring without home confinement or electronic monitoring

9 without home confinement.

10 (i) If electronic monitoring, GPS monitoring, or home

11 confinement is imposed, the court shall determine every 60

12 days if no less restrictive condition of release or

13 combination of less restrictive conditions of release would

14 reasonably ensure the appearance, or continued appearance, of

15 the defendant for later hearings or protect an identifiable

16 person or persons from imminent threat of serious physical

17 harm. If the court finds that there are less restrictive

18 conditions of release, the court shall order that the

19 condition be removed. This subsection takes effect January 1,

20 2022.

21 (j) Crime Victims shall be given notice by the State's

22 Attorney's office of this hearing as required in paragraph (1)

23 of subsection (b) of Section 4.5 of the Rights of Crime Victims

24 and Witnesses Act and shall be informed of their opportunity

25 at this hearing to obtain a protective order ~~an order of~~

26 ~~protection under Article 112A of this Code~~.

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1 (k) The State and defendants may appeal court orders

2 imposing conditions of pretrial release.

3 (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;

4 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

5 (725 ILCS 5/110-5.2)

6 (Text of Section before amendment by P.A. 101-652)

7 Sec. 110-5.2. Bail; pregnant pre-trial detainee.

8 (a) It is the policy of this State that a pre-trial

9 detainee shall not be required to deliver a child while in

10 custody absent a finding by the court that continued pre-trial

11 custody is necessary to protect the public or the victim of the

12 offense on which the charge is based.

13 (b) If the court reasonably believes that a pre-trial

14 detainee will give birth while in custody, the court shall

15 order an alternative to custody unless, after a hearing, the

16 court determines:

17 (1) that the release of the pregnant pre-trial

18 detainee would pose a real and present threat to the

19 physical safety of the alleged victim of the offense and

20 continuing custody is necessary to prevent the fulfillment

21 of the threat upon which the charge is based; or

22 (2) that the release of the pregnant pre-trial

23 detainee would pose a real and present threat to the

24 physical safety of any person or persons or the general

25 public.

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1 (c) The court may order a pregnant or post-partum detainee

2 to be subject to electronic monitoring as a condition of

3 pre-trial release or order other condition or combination of

4 conditions the court reasonably determines are in the best

5 interest of the detainee and the public.

6 (d) This Section shall be applicable to a pregnant

7 pre-trial detainee in custody on or after the effective date

8 of this amendatory Act of the 100th General Assembly.

9 (Source: P.A. 100-630, eff. 1-1-19.)

10 (Text of Section after amendment by P.A. 101-652)

11 Sec. 110-5.2. Pretrial release; pregnant pre-trial

12 detainee.

13 (a) It is the policy of this State that a pre-trial

14 detainee shall not be required to deliver a child while in

15 custody absent a finding by the court that continued pre-trial

16 custody is necessary to alleviate a real and present threat to

17 the safety of any person or persons or the community, based on

18 the specific articulable facts of the case, or prevent the

19 defendant's willful flight ~~protect the public or the victim of~~

20 ~~the offense on which the charge is based~~.

21 (b) If the court reasonably believes that a pre-trial

22 detainee will give birth while in custody, the court shall

23 order an alternative to custody unless, after a hearing, the

24 court determines:

25 (1) the pregnant pretrial detainee is charged with an

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1 offense for which pretrial release may be denied under

2 Section 110-6.1; and ~~that the release of the pregnant~~

3 ~~pre-trial detainee would pose a real and present threat to~~

4 ~~the physical safety of the alleged victim of the offense~~

5 ~~and continuing custody is necessary to prevent the~~

6 ~~fulfillment of the threat upon which the charge is based;~~

7 ~~or~~

8 (2) after a hearing under Section 110-6.1 that

9 considers the circumstances of the pregnancy, the court

10 determines that continued detention is the only way to

11 prevent a real and present threat to the safety of any

12 person or persons or the community, based on the specific

13 articulable facts of the case, or prevent the defendant's

14 willful flight ~~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) Electronic Monitoring may be ordered by the court only

19 if no less restrictive condition of release or combination of

20 less restrictive conditions of release would reasonably ensure

21 the appearance, or continued appearance, of the defendant for

22 later hearings or protect an identifiable person or persons

23 from imminent threat of serious physical harm. All pregnant

24 people or those who have given birth within 6 weeks shall be

25 granted ample movement to attend doctor's appointments and for

26 emergencies related to the health of the pregnancy, infant, or

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1 postpartum person. ~~The court may order a pregnant or~~

2 ~~post-partum detainee to be subject to electronic monitoring as~~

3 ~~a condition of pre-trial release or order other condition or~~

4 ~~combination of conditions the court reasonably determines are~~

5 ~~in the best interest of the detainee and the public.~~

6 (d) This Section shall be applicable to a pregnant

7 pre-trial detainee in custody on or after the effective date

8 of this amendatory Act of the 100th General Assembly.

9 (Source: P.A. 100-630, eff. 1-1-19; 101-652, eff. 1-1-23.)

10 (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)

11 (Text of Section before amendment by P.A. 101-652)

12 Sec. 110-6. Modification of bail or conditions.

13 (a) Upon verified application by the State or the

14 defendant or on its own motion the court before which the

15 proceeding is pending may increase or reduce the amount of

16 bail or may alter the conditions of the bail bond or grant bail

17 where it has been previously revoked or denied. If bail has

18 been previously revoked pursuant to subsection (f) of this

19 Section or if bail has been denied to the defendant pursuant to

20 subsection (e) of Section 110-6.1 or subsection (e) of Section

21 110-6.3, the defendant shall be required to present a verified

22 application setting forth in detail any new facts not known or

23 obtainable at the time of the previous revocation or denial of

24 bail proceedings. If the court grants bail where it has been

25 previously revoked or denied, the court shall state on the

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1 record of the proceedings the findings of facts and conclusion

2 of law upon which such order is based.

3 (a-5) In addition to any other available motion or

4 procedure under this Code, a person in custody solely for a

5 Category B offense due to an inability to post monetary bail

6 shall be brought before the court at the next available court

7 date or 7 calendar days from the date bail was set, whichever

8 is earlier, for a rehearing on the amount or conditions of bail

9 or release pending further court proceedings. The court may

10 reconsider conditions of release for any other person whose

11 inability to post monetary bail is the sole reason for

12 continued incarceration, including a person in custody for a

13 Category A offense or a Category A offense and a Category B

14 offense. The court may deny the rehearing permitted under this

15 subsection (a-5) if the person has failed to appear as

16 required before the court and is incarcerated based on a

17 warrant for failure to appear on the same original criminal

18 offense.

19 (b) Violation of the conditions of Section 110-10 of this

20 Code or any special conditions of bail as ordered by the court

21 shall constitute grounds for the court to increase the amount

22 of bail, or otherwise alter the conditions of bail, or, where

23 the alleged offense committed on bail is a forcible felony in

24 Illinois or a Class 2 or greater offense under the Illinois

25 Controlled Substances Act, the Cannabis Control Act, or the

26 Methamphetamine Control and Community Protection Act, revoke

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1 bail pursuant to the appropriate provisions of subsection (e)

2 of this Section.

3 (c) Reasonable notice of such application by the defendant

4 shall be given to the State.

5 (d) Reasonable notice of such application by the State

6 shall be given to the defendant, except as provided in

7 subsection (e).

8 (e) Upon verified application by the State stating facts

9 or circumstances constituting a violation or a threatened

10 violation of any of the conditions of the bail bond the court

11 may issue a warrant commanding any peace officer to bring the

12 defendant without unnecessary delay before the court for a

13 hearing on the matters set forth in the application. If the

14 actual court before which the proceeding is pending is absent

15 or otherwise unavailable another court may issue a warrant

16 pursuant to this Section. When the defendant is charged with a

17 felony offense and while free on bail is charged with a

18 subsequent felony offense and is the subject of a proceeding

19 set forth in Section 109-1 or 109-3 of this Code, upon the

20 filing of a verified petition by the State alleging a

21 violation of Section 110-10 (a) (4) of this Code, the court

22 shall without prior notice to the defendant, grant leave to

23 file such application and shall order the transfer of the

24 defendant and the application without unnecessary delay to the

25 court before which the previous felony matter is pending for a

26 hearing as provided in subsection (b) or this subsection of

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1 this Section. The defendant shall be held without bond pending

2 transfer to and a hearing before such court. At the conclusion

3 of the hearing based on a violation of the conditions of

4 Section 110-10 of this Code or any special conditions of bail

5 as ordered by the court the court may enter an order increasing

6 the amount of bail or alter the conditions of bail as deemed

7 appropriate.

8 (f) Where the alleged violation consists of the violation

9 of one or more felony statutes of any jurisdiction which would

10 be a forcible felony in Illinois or a Class 2 or greater

11 offense under the Illinois Controlled Substances Act, the

12 Cannabis Control Act, or the Methamphetamine Control and

13 Community Protection Act and the defendant is on bail for the

14 alleged commission of a felony, or where the defendant is on

15 bail for a felony domestic battery (enhanced pursuant to

16 subsection (b) of Section 12-3.2 of the Criminal Code of 1961

17 or the Criminal Code of 2012), aggravated domestic battery,

18 aggravated battery, unlawful restraint, aggravated unlawful

19 restraint or domestic battery in violation of item (1) of

20 subsection (a) of Section 12-3.2 of the Criminal Code of 1961

21 or the Criminal Code of 2012 against a family or household

22 member as defined in Section 112A-3 of this Code and the

23 violation is an offense of domestic battery against the same

24 victim the court shall, on the motion of the State or its own

25 motion, revoke bail in accordance with the following

26 provisions:

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1 (1) The court shall hold the defendant without bail

2 pending the hearing on the alleged breach; however, if the

3 defendant is not admitted to bail the hearing shall be

4 commenced within 10 days from the date the defendant is

5 taken into custody or the defendant may not be held any

6 longer without bail, unless delay is occasioned by the

7 defendant. Where defendant occasions the delay, the

8 running of the 10 day period is temporarily suspended and

9 resumes at the termination of the period of delay. Where

10 defendant occasions the delay with 5 or fewer days

11 remaining in the 10 day period, the court may grant a

12 period of up to 5 additional days to the State for good

13 cause shown. The State, however, shall retain the right to

14 proceed to hearing on the alleged violation at any time,

15 upon reasonable notice to the defendant and the court.

16 (2) At a hearing on the alleged violation the State

17 has the burden of going forward and proving the violation

18 by clear and convincing evidence. The evidence shall be

19 presented in open court with the opportunity to testify,

20 to present witnesses in his behalf, and to cross-examine

21 witnesses if any are called by the State, and

22 representation by counsel and if the defendant is indigent

23 to have counsel appointed for him. The rules of evidence

24 applicable in criminal trials in this State shall not

25 govern the admissibility of evidence at such hearing.

26 Information used by the court in its findings or stated in

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1 or offered in connection with hearings for increase or

2 revocation of bail may be by way of proffer based upon

3 reliable information offered by the State or defendant.

4 All evidence shall be admissible if it is relevant and

5 reliable regardless of whether it would be admissible

6 under the rules of evidence applicable at criminal trials.

7 A motion by the defendant to suppress evidence or to

8 suppress a confession shall not be entertained at such a

9 hearing. Evidence that proof may have been obtained as a

10 result of an unlawful search and seizure or through

11 improper interrogation is not relevant to this hearing.

12 (3) Upon a finding by the court that the State has

13 established by clear and convincing evidence that the

14 defendant has committed a forcible felony or a Class 2 or

15 greater offense under the Illinois Controlled Substances

16 Act, the Cannabis Control Act, or the Methamphetamine

17 Control and Community Protection Act while admitted to

18 bail, or where the defendant is on bail for a felony

19 domestic battery (enhanced pursuant to subsection (b) of

20 Section 12-3.2 of the Criminal Code of 1961 or the

21 Criminal Code of 2012), aggravated domestic battery,

22 aggravated battery, unlawful restraint, aggravated

23 unlawful restraint or domestic battery in violation of

24 item (1) of subsection (a) of Section 12-3.2 of the

25 Criminal Code of 1961 or the Criminal Code of 2012 against

26 a family or household member as defined in Section 112A-3

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1 of this Code and the violation is an offense of domestic

2 battery, against the same victim, the court shall revoke

3 the bail of the defendant and hold the defendant for trial

4 without bail. Neither the finding of the court nor any

5 transcript or other record of the hearing shall be

6 admissible in the State's case in chief, but shall be

7 admissible for impeachment, or as provided in Section

8 115-10.1 of this Code or in a perjury proceeding.

9 (4) If the bail of any defendant is revoked pursuant

10 to paragraph (f) (3) of this Section, the defendant may

11 demand and shall be entitled to be brought to trial on the

12 offense with respect to which he was formerly released on

13 bail within 90 days after the date on which his bail was

14 revoked. If the defendant is not brought to trial within

15 the 90 day period required by the preceding sentence, he

16 shall not be held longer without bail. In computing the 90

17 day period, the court shall omit any period of delay

18 resulting from a continuance granted at the request of the

19 defendant.

20 (5) If the defendant either is arrested on a warrant

21 issued pursuant to this Code or is arrested for an

22 unrelated offense and it is subsequently discovered that

23 the defendant is a subject of another warrant or warrants

24 issued pursuant to this Code, the defendant shall be

25 transferred promptly to the court which issued such

26 warrant. If, however, the defendant appears initially

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1 before a court other than the court which issued such

2 warrant, the non-issuing court shall not alter the amount

3 of bail set on such warrant unless the court sets forth on

4 the record of proceedings the conclusions of law and facts

5 which are the basis for such altering of another court's

6 bond. The non-issuing court shall not alter another courts

7 bail set on a warrant unless the interests of justice and

8 public safety are served by such action.

9 (g) The State may appeal any order where the court has

10 increased or reduced the amount of bail or altered the

11 conditions of the bail bond or granted bail where it has

12 previously been revoked.

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

14 (Text of Section after amendment by P.A. 101-652)

15 Sec. 110-6. Revocation of pretrial release, modification

16 of conditions of pretrial release, and sanctions for

17 violations of conditions of pretrial release.

18 (a) When a defendant has previously been granted pretrial

19 release under this Section for a felony or Class A

20 misdemeanor, that pretrial release may be revoked only if the

21 defendant is charged with a felony or Class A misdemeanor that

22 is alleged to have occurred during the defendant's pretrial

23 release after a hearing on the court's own motion or upon the

24 filing of a verified petition by the State.

25 When a defendant released pretrial is charged with a

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1 violation of a protective order or was previously convicted of

2 a violation of a protective order and the subject of the

3 protective order is the same person as the victim in the

4 current underlying matter, the State shall file a verified

5 petition seeking revocation of pretrial release.

6 Upon the filing of a petition or upon motion of the court

7 seeking revocation, the court shall order the transfer of the

8 defendant and the petition or motion to the court before which

9 the previous felony or Class A misdemeanor is pending. The

10 defendant may be held in custody pending transfer to and a

11 hearing before such court. The defendant shall be transferred

12 to the court before which the previous matter is pending

13 without unnecessary delay, and the revocation hearing shall

14 occur within 72 hours of the filing of the State's petition or

15 the court's motion for revocation.

16 A hearing at which pretrial release may be revoked must be

17 conducted in person (and not by way of two-way audio-visual

18 communication) unless the accused waives the right to be

19 present physically in court, the court determines that the

20 physical health and safety of any person necessary to the

21 proceedings would be endangered by appearing in court, or the

22 chief judge of the circuit orders use of that system due to

23 operational challenges in conducting the hearing in person.

24 Such operational challenges must be documented and approved by

25 the chief judge of the circuit, and a plan to address the

26 challenges through reasonable efforts must be presented and

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1 approved by the Administrative Office of the Illinois Courts

2 every 6 months.

3 The court before which the previous felony matter or Class

4 A misdemeanor is pending may revoke the defendant's pretrial

5 release after a hearing. During the hearing for revocation,

6 the defendant shall be represented by counsel and have an

7 opportunity to be heard regarding the violation and evidence

8 in mitigation. The court shall consider all relevant

9 circumstances, including, but not limited to, the nature and

10 seriousness of the violation or criminal act alleged. The

11 State shall bear the burden of proving, by clear and

12 convincing evidence, that no condition or combination of

13 conditions of release would reasonably ensure the appearance

14 of the defendant for later hearings or prevent the defendant

15 from being charged with a subsequent felony or Class A

16 misdemeanor.

17 ~~When a defendant is granted pretrial release under this~~

18 ~~section, that pretrial release may be revoked only under the~~

19 ~~following conditions:~~

20 ~~(1) if the defendant is charged with a detainable~~

21 ~~felony as defined in 110-6.1, a defendant may be detained~~

22 ~~after the State files a verified petition for such a~~

23 ~~hearing, and gives the defendant notice as prescribed in~~

24 ~~110-6.1; or~~

25 ~~(2) in accordance with subsection (b) of this section.~~

26 ~~(b) Revocation due to a new criminal charge: If an~~

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1 ~~individual, while on pretrial release for a Felony or Class A~~

2 ~~misdemeanor under this Section, is charged with a new felony~~

3 ~~or Class A misdemeanor under the Criminal Code of 2012, the~~

4 ~~court may, on its own motion or motion of the state, begin~~

5 ~~proceedings to revoke the individual's' pretrial release.~~

6 ~~(1) When the defendant is charged with a felony or~~

7 ~~class A misdemeanor offense and while free on pretrial~~

8 ~~release bail is charged with a subsequent felony or class~~

9 ~~A misdemeanor offense that is alleged to have occurred~~

10 ~~during the defendant's pretrial release, the state may~~

11 ~~file a verified petition for revocation of pretrial~~

12 ~~release.~~

13 ~~(2) When a defendant on pretrial release is charged~~

14 ~~with a violation of an order of protection issued under~~

15 ~~Section 112A-14 of this Code, or Section 214 of the~~

16 ~~Illinois Domestic Violence Act of 1986 or previously was~~

17 ~~convicted of a violation of an order of protection under~~

18 ~~Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the~~

19 ~~Criminal Code of 2012, and the subject of the order of~~

20 ~~protection is the same person as the victim in the~~

21 ~~underlying matter, the state shall file a verified~~

22 ~~petition for revocation of pretrial release.~~

23 ~~(3) Upon the filing of this petition, the court shall~~

24 ~~order the transfer of the defendant and the application to~~

25 ~~the court before which the previous felony matter is~~

26 ~~pending. The defendant shall be held without bond pending~~

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1 ~~transfer to and a hearing before such court. The defendant~~

2 ~~shall be transferred to the court before which the~~

3 ~~previous matter is pending without unnecessary delay. In~~

4 ~~no event shall the time between the filing of the state's~~

5 ~~petition for revocation and the defendant's appearance~~

6 ~~before the court before which the previous matter is~~

7 ~~pending exceed 72 hours.~~

8 ~~(4) The court before which the previous felony matter~~

9 ~~is pending may revoke the defendant's pretrial release~~

10 ~~only if it finds, after considering all relevant~~

11 ~~circumstances including, but not limited to, the nature~~

12 ~~and seriousness of the violation or criminal act alleged,~~

13 ~~by the court finds clear and convincing evidence that no~~

14 ~~condition or combination of conditions of release would~~

15 ~~reasonably assure the appearance of the defendant for~~

16 ~~later hearings or prevent the defendant from being charged~~

17 ~~with a subsequent felony or class A misdemeanor.~~

18 ~~(5)~~ In lieu of revocation, the court may release the

19 defendant pre-trial, with or without modification of

20 conditions of pretrial release.

21 ~~(6)~~ If the case that caused the revocation is dismissed,

22 the defendant is found not guilty in the case causing the

23 revocation, or the defendant completes a lawfully imposed

24 sentence on the case causing the revocation, the court shall,

25 without unnecessary delay, hold a hearing on conditions of

26 pretrial release pursuant to Section ~~section~~ 110-5 and release

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1 the defendant with or without modification of conditions of

2 pretrial release.

3 ~~(7)~~ Both the State ~~state~~ and the defendant ~~defense~~ may

4 appeal an order revoking pretrial release or denying a

5 petition for revocation of release.

6 (b) If a defendant previously has been granted pretrial

7 release under this Section for a Class B or Class C misdemeanor

8 offense, a petty or business offense, or an ordinance

9 violation and if the defendant is subsequently charged with a

10 felony that is alleged to have occurred during the defendant's

11 pretrial release or a Class A misdemeanor offense that is

12 alleged to have occurred during the defendant's pretrial

13 release, such pretrial release may not be revoked, but the

14 court may impose sanctions under subsection (c).

15 (c) The court shall follow the procedures set forth in

16 Section 110-3 to ensure the defendant's appearance in court if

17 the defendant:

18 (1) fails to appear in court as required by the

19 defendant's conditions of release;

20 (2) is charged with a felony or Class A misdemeanor

21 offense that is alleged to have occurred during the

22 defendant's pretrial release after having been previously

23 granted pretrial release for a Class B or Class C

24 misdemeanor, a petty or business offense, or an ordinance

25 violation that is alleged to have occurred during the

26 defendant's pretrial release;

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1 (3) is charged with a Class B or C misdemeanor

2 offense, petty or business offense, or ordinance violation

3 that is alleged to have occurred during the defendant's

4 pretrial release; or

5 (4) violates any other condition of pretrial release

6 set by the court.

7 In response to a violation described in this subsection,

8 the court may issue a warrant specifying that the defendant

9 must appear before the court for a hearing for sanctions and

10 may not be released by law enforcement before that appearance.

11 ~~Violations other than re-arrest for a felony or class A~~

12 ~~misdemeanor. If a defendant:~~

13 ~~(1) fails to appear in court as required by their~~

14 ~~conditions of release;~~

15 ~~(2) is charged with a class B or C misdemeanor, petty~~

16 ~~offense, traffic offense, or ordinance violation that is~~

17 ~~alleged to have occurred during the defendant's pretrial~~

18 ~~release; or~~

19 ~~(3) violates any other condition of release set by the~~

20 ~~court,~~

21 ~~the court shall follow the procedures set forth in Section~~

22 ~~110-3 to ensure the defendant's appearance in court to address~~

23 ~~the violation.~~

24 (d) When a defendant appears in court pursuant to a

25 summons or warrant issued in accordance with Section 110-3 ~~for~~

26 ~~a notice to show cause hearing, or after being arrested on a~~

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1 ~~warrant issued because of a failure to appear at a notice to~~

2 ~~show cause hearing,~~ or after being arrested for an offense

3 that is alleged to have occurred during the defendant's

4 pretrial release ~~other than a felony or class A misdemeanor~~,

5 the State ~~state~~ may file a verified petition requesting a

6 hearing for sanctions.

7 (e) During the hearing for sanctions, the defendant shall

8 be represented by counsel and have an opportunity to be heard

9 regarding the violation and evidence in mitigation. The State

10 shall bear the burden of proving ~~The court shall only impose~~

11 ~~sanctions if it finds~~ by clear and convincing evidence that:

12 (1) the ~~1. The~~ defendant committed an act that

13 violated a term of the defendant's ~~their~~ pretrial release;

14 (2) the ~~2. The~~ defendant had actual knowledge that the

15 defendant's ~~their~~ action would violate a court order;

16 (3) the ~~3. The~~ violation of the court order was

17 willful; and

18 (4) the ~~4. The~~ violation was not caused by a lack of

19 access to financial monetary resources.

20 (f) Sanctions~~: sanctions~~ for violations of pretrial

21 release may include:

22 (1) a ~~1. A~~ verbal or written admonishment from the

23 court;

24 (2) imprisonment ~~2. Imprisonment~~ in the county jail

25 for a period not exceeding 30 days;

26 (3) (Blank) ~~3. A fine of not more than $200~~; or

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1 (4) a ~~4. A~~ modification of the defendant's pretrial

2 conditions.

3 (g) ~~Modification of Pretrial Conditions~~

4 ~~(a)~~ The court may, at any time, after motion by either

5 party or on its own motion, remove previously set conditions

6 of pretrial release, subject to the provisions in this

7 subsection ~~section (e)~~. The court may only add or increase

8 conditions of pretrial release at a hearing under this

9 Section~~, in a warrant issued under Section 110-3, or upon~~

10 ~~motion from the state~~.

11 ~~(b) Modification of conditions of release regarding~~

12 ~~contact with victims or witnesses.~~ The court shall not remove

13 a previously set condition of pretrial release ~~bond~~ regulating

14 contact with a victim or witness in the case, unless the

15 subject of the condition has been given notice of the hearing

16 as required in paragraph (1) of subsection (b) of Section 4.5

17 of the Rights of Crime Victims and Witnesses Act. If the

18 subject of the condition of release is not present, the court

19 shall follow the procedures of paragraph (10) of subsection

20 (c-1) ~~(c-1)~~ of the Rights of Crime Victims and Witnesses Act.

21 (h) ~~Notice to Victims:~~ Crime victims ~~Victims~~ shall be

22 given notice by the State's Attorney's office of all hearings

23 under ~~in~~ this Section ~~section~~ as required in paragraph (1) of

24 subsection (b) of Section 4.5 of the Rights of Crime Victims

25 and Witnesses Act and shall be informed of their opportunity

26 at these hearings ~~hearing~~ to obtain a protective order ~~an~~

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1 ~~order of protection under Article 112A of this Code~~.

2 (i) Nothing in this Section shall be construed to limit

3 the State's ability to file a verified petition seeking denial

4 of pretrial release under subsection (a) of Section 110-6.1 or

5 subdivision (d)(2) of Section 110-6.1.

6 (j) At each subsequent appearance of the defendant before

7 the court, the judge must find that continued detention under

8 this Section is necessary to reasonably ensure the appearance

9 of the defendant for later hearings or to prevent the

10 defendant from being charged with a subsequent felony or Class

11 A misdemeanor.

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

13 101-652, eff. 1-1-23; revised 2-28-22.)

14 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)

15 (Text of Section before amendment by P.A. 101-652)

16 Sec. 110-6.1. Denial of bail in non-probationable felony

17 offenses.

18 (a) Upon verified petition by the State, the court shall

19 hold a hearing to determine whether bail should be denied to a

20 defendant who is charged with a felony offense for which a

21 sentence of imprisonment, without probation, periodic

22 imprisonment or conditional discharge, is required by law upon

23 conviction, when it is alleged that the defendant's admission

24 to bail poses a real and present threat to the physical safety

25 of any person or persons.

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1 (1) A petition may be filed without prior notice to

2 the defendant at the first appearance before a judge, or

3 within the 21 calendar days, except as provided in Section

4 110-6, after arrest and release of the defendant upon

5 reasonable notice to defendant; provided that while such

6 petition is pending before the court, the defendant if

7 previously released shall not be detained.

8 (2) The hearing shall be held immediately upon the

9 defendant's appearance before the court, unless for good

10 cause shown the defendant or the State seeks a

11 continuance. A continuance on motion of the defendant may

12 not exceed 5 calendar days, and a continuance on the

13 motion of the State may not exceed 3 calendar days. The

14 defendant may be held in custody during such continuance.

15 (b) The court may deny bail to the defendant where, after

16 the hearing, it is determined that:

17 (1) the proof is evident or the presumption great that

18 the defendant has committed an offense for which a

19 sentence of imprisonment, without probation, periodic

20 imprisonment or conditional discharge, must be imposed by

21 law as a consequence of conviction, and

22 (2) the defendant poses a real and present threat to

23 the physical safety of any person or persons, by conduct

24 which may include, but is not limited to, a forcible

25 felony, the obstruction of justice, intimidation, injury,

26 physical harm, an offense under the Illinois Controlled

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1 Substances Act which is a Class X felony, or an offense

2 under the Methamphetamine Control and Community Protection

3 Act which is a Class X felony, and

4 (3) the court finds that no condition or combination

5 of conditions set forth in subsection (b) of Section

6 110-10 of this Article, can reasonably assure the physical

7 safety of any other person or persons.

8 (c) Conduct of the hearings.

9 (1) The hearing on the defendant's culpability and

10 dangerousness shall be conducted in accordance with the

11 following provisions:

12 (A) Information used by the court in its findings

13 or stated in or offered at such hearing may be by way

14 of proffer based upon reliable information offered by

15 the State or by defendant. Defendant has the right to

16 be represented by counsel, and if he is indigent, to

17 have counsel appointed for him. Defendant shall have

18 the opportunity to testify, to present witnesses in

19 his own behalf, and to cross-examine witnesses if any

20 are called by the State. The defendant has the right to

21 present witnesses in his favor. When the ends of

22 justice so require, the court may exercises its

23 discretion and compel the appearance of a complaining

24 witness. The court shall state on the record reasons

25 for granting a defense request to compel the presence

26 of a complaining witness. Cross-examination of a

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1 complaining witness at the pretrial detention hearing

2 for the purpose of impeaching the witness' credibility

3 is insufficient reason to compel the presence of the

4 witness. In deciding whether to compel the appearance

5 of a complaining witness, the court shall be

6 considerate of the emotional and physical well-being

7 of the witness. The pre-trial detention hearing is not

8 to be used for purposes of discovery, and the post

9 arraignment rules of discovery do not apply. The State

10 shall tender to the defendant, prior to the hearing,

11 copies of defendant's criminal history, if any, if

12 available, and any written or recorded statements and

13 the substance of any oral statements made by any

14 person, if relied upon by the State in its petition.

15 The rules concerning the admissibility of evidence in

16 criminal trials do not apply to the presentation and

17 consideration of information at the hearing. At the

18 trial concerning the offense for which the hearing was

19 conducted neither the finding of the court nor any

20 transcript or other record of the hearing shall be

21 admissible in the State's case in chief, but shall be

22 admissible for impeachment, or as provided in Section

23 115-10.1 of this Code, or in a perjury proceeding.

24 (B) A motion by the defendant to suppress evidence

25 or to suppress a confession shall not be entertained.

26 Evidence that proof may have been obtained as the

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1 result of an unlawful search and seizure or through

2 improper interrogation is not relevant to this state

3 of the prosecution.

4 (2) The facts relied upon by the court to support a

5 finding that the defendant poses a real and present threat

6 to the physical safety of any person or persons shall be

7 supported by clear and convincing evidence presented by

8 the State.

9 (d) Factors to be considered in making a determination of

10 dangerousness. The court may, in determining whether the

11 defendant poses a real and present threat to the physical

12 safety of any person or persons, consider but shall not be

13 limited to evidence or testimony concerning:

14 (1) The nature and circumstances of any offense

15 charged, including whether the offense is a crime of

16 violence, involving a weapon.

17 (2) The history and characteristics of the defendant

18 including:

19 (A) Any evidence of the defendant's prior criminal

20 history indicative of violent, abusive or assaultive

21 behavior, or lack of such behavior. Such evidence may

22 include testimony or documents received in juvenile

23 proceedings, criminal, quasi-criminal, civil

24 commitment, domestic relations or other proceedings.

25 (B) Any evidence of the defendant's psychological,

26 psychiatric or other similar social history which

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1 tends to indicate a violent, abusive, or assaultive

2 nature, or lack of any such history.

3 (3) The identity of any person or persons to whose

4 safety the defendant is believed to pose a threat, and the

5 nature of the threat;

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

7 defendant, together with the circumstances surrounding

8 them;

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

10 assaulted by the defendant;

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

12 access to any weapon or weapons;

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

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

15 parole, aftercare release, mandatory supervised release or

16 other release from custody pending trial, sentencing,

17 appeal or completion of sentence for an offense under

18 federal or state law;

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

20 Section 110-5 of this Article deemed by the court to have a

21 reasonable bearing upon the defendant's propensity or

22 reputation for violent, abusive or assaultive behavior, or

23 lack of such behavior.

24 (e) Detention order. The court shall, in any order for

25 detention:

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

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1 culpability and its reasons for concluding that the

2 defendant should be held without bail;

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

4 custody of the sheriff for confinement in the county jail

5 pending trial;

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

7 opportunity for private consultation with counsel, and for

8 communication with others of his choice by visitation,

9 mail and telephone; and

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

11 required for appearances in connection with court

12 proceedings.

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

14 defendant pursuant to subsection (e) of this Section, the

15 defendant shall be brought to trial on the offense for which he

16 is detained within 90 days after the date on which the order

17 for detention was entered. If the defendant is not brought to

18 trial within the 90 day period required by the preceding

19 sentence, he shall not be held longer without bail. In

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

21 delay resulting from a continuance granted at the request of

22 the defendant.

23 (g) Rights of the defendant. Any person shall be entitled

24 to appeal any order entered under this Section denying bail to

25 the defendant.

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

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1 Section denying any motion for denial of bail.

2 (i) Nothing in this Section shall be construed as

3 modifying or limiting in any way the defendant's presumption

4 of innocence in further criminal proceedings.

5 (Source: P.A. 98-558, eff. 1-1-14.)

6 (Text of Section after amendment by P.A. 101-652)

7 Sec. 110-6.1. Denial of pretrial release.

8 (a) Upon verified petition by the State, the court shall

9 hold a hearing and may deny a defendant pretrial release only

10 if:

11 (1) the defendant is charged with a~~forcible~~ felony

12 offense other than a forcible felony for which, based on

13 the charge or the defendant's criminal history, a sentence

14 of imprisonment, without probation, periodic imprisonment

15 or conditional discharge, is required by law upon

16 conviction, and it is alleged that the defendant's

17 pretrial release poses a real and present threat to the

18 safety of any person or persons or the community, based on

19 the specific articulable facts of the case ~~specific, real~~

20 ~~and present threat to any person or the community.~~;

21 (1.5) the defendant's pretrial release poses a real

22 and present threat to the safety of any person or persons

23 or the community, based on the specific articulable facts

24 of the case, and the defendant is charged with a forcible

25 felony, which as used in this Section, means treason,

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1 first degree murder, second degree murder, predatory

2 criminal sexual assault of a child, aggravated criminal

3 sexual assault, criminal sexual assault, armed robbery,

4 aggravated robbery, robbery, burglary where there is use

5 of force against another person, residential burglary,

6 home invasion, vehicular invasion, aggravated arson,

7 arson, aggravated kidnaping, kidnaping, aggravated battery

8 resulting in great bodily harm or permanent disability or

9 disfigurement or any other felony which involves the

10 threat of or infliction of great bodily harm or permanent

11 disability or disfigurement;

12 (2) the defendant is charged with stalking or

13 aggravated stalking, and it is alleged that the

14 defendant's pre-trial release poses a real and present

15 threat to the safety of a victim of the alleged offense,

16 ~~real and present threat to the physical safety of a victim~~

17 ~~of the alleged offense,~~ and denial of release is necessary

18 to prevent fulfillment of the threat upon which the charge

19 is based;

20 (3) the defendant is charged with a violation of an

21 order of protection issued under Section 112A-14 of this

22 Code or Section 214 of the Illinois Domestic Violence Act

23 of 1986, a stalking no contact order under Section 80 of

24 the Stalking No Contact Order Act, or of a civil no contact

25 order under Section 213 of the Civil No Contact Order Act,

26 and it is alleged that the defendant's pretrial release

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1 poses a real and present threat to the safety of any person

2 or persons or the community, based on the specific

3 articulable facts of the case; ~~the victim of abuse was a~~

4 ~~family or household member as defined by paragraph (6) of~~

5 ~~Section 103 of the Illinois Domestic Violence Act of 1986,~~

6 ~~and the person charged, at the time of the alleged~~

7 ~~offense, was subject to the terms of an order of~~

8 ~~protection issued under Section 112A-14 of this Code, or~~

9 ~~Section 214 of the Illinois Domestic Violence Act of 1986~~

10 ~~or previously was convicted of a violation of an order of~~

11 ~~protection under Section 12-3.4 or 12-30 of the Criminal~~

12 ~~Code of 1961 or the Criminal Code of 2012 or a violent~~

13 ~~crime if the victim was a family or household member as~~

14 ~~defined by paragraph (6) of the Illinois Domestic Violence~~

15 ~~Act of 1986 at the time of the offense or a violation of a~~

16 ~~substantially similar municipal ordinance or law of this~~

17 ~~or any other state or the United States if the victim was a~~

18 ~~family or household member as defined by paragraph (6) of~~

19 ~~Section 103 of the Illinois Domestic Violence Act of 1986~~

20 ~~at the time of the offense, and it is alleged that the~~

21 ~~defendant's pre-trial release poses a real and present~~

22 ~~threat to the physical safety of any person or persons;~~

23 (4) the defendant is charged with domestic battery or

24 aggravated domestic battery under Section 12-3.2 or 12-3.3

25 of the Criminal Code of 2012 and it is alleged that the

26 defendant's pretrial release poses a real and present

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1 threat to the safety of any person or persons or the

2 community, based on the specific articulable facts of the

3 case ~~real and present threat to the physical safety of any~~

4 ~~person or persons~~;

5 (5) the defendant is charged with any offense under

6 Article 11 of the Criminal Code of 2012, except for

7 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,

8 11-40, and 11-45 of the Criminal Code of 2012, or similar

9 provisions of the Criminal Code of 1961 and it is alleged

10 that the defendant's pretrial release poses a real and

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

12 the community, based on the specific articulable facts of

13 the case ~~real and present threat to the physical safety of~~

14 ~~any person or persons~~;

15 (6) the defendant is charged with any of the following

16 offenses ~~these violations~~ under the Criminal Code of 2012,

17 and it is alleged that the defendant's pretrial release

18 ~~releases~~ poses a real and present threat to the safety of

19 any person or persons or the community, based on the

20 specific articulable facts of the case: ~~real and present~~

21 ~~threat to the physical safety of any specifically~~

22 ~~identifiable person or persons.~~

23 (A) Section 24-1.2 (aggravated discharge of a

24 firearm);

25 (B) Section 24-2.5 (aggravated discharge of a

26 machine gun or a firearm equipped with a device

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1 designed or use for silencing the report of a

2 firearm);

3 (C) Section 24-1.5 (reckless discharge of a

4 firearm);

5 (D) Section 24-1.7 (armed habitual criminal);

6 (E) Section 24-2.2 ~~2~~ (manufacture, sale or

7 transfer of bullets or shells represented to be armor

8 piercing bullets, dragon's breath shotgun shells, bolo

9 shells, or flechette shells);

10 (F) Section 24-3 (unlawful sale or delivery of

11 firearms);

12 (G) Section 24-3.3 (unlawful sale or delivery of

13 firearms on the premises of any school);

14 (H) Section 24-34 (unlawful sale of firearms by

15 liquor license);

16 (I) Section 24-3.5 ( ~~{~~unlawful purchase of a

17 firearm);

18 (J) Section 24-3A (gunrunning); ~~or~~

19 (K) Section ~~on~~ 24-3B (firearms trafficking);

20 (L) Section 10-9 (b) (involuntary servitude);

21 (M) Section 10-9 (c) (involuntary sexual servitude

22 of a minor);

23 (N) Section 10-9(d) (trafficking in persons);

24 (O) Non-probationable violations: (i) ~~(~~unlawful

25 use or possession of weapons by felons or persons in

26 the Custody of the Department of Corrections

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1 facilities (Section 24-1.1), (ii) aggravated unlawful

2 use of a weapon (Section 24-1.6), or (iii) aggravated

3 possession of a stolen firearm (Section 24-3.9);

4 (P) Section 9-3 (reckless homicide and involuntary

5 manslaughter);

6 (Q) Section 19-3 (residential burglary);

7 (R) Section 10-5 (child abduction);

8 (S) Felony violations of Section 12C-5 (child

9 endangerment);

10 (T) Section 12-7.1 (hate crime);

11 (U) Section 10-3.1 (aggravated unlawful

12 restraint);

13 (V) Section 12-9 (threatening a public official);

14 (W) Subdivision (f)(1) of Section 12-3.05

15 (aggravated battery with a deadly weapon other than by

16 discharge of a firearm);

17 (6.5) the defendant is charged with any of the

18 following offenses, and it is alleged that the defendant's

19 pretrial release poses a real and present threat to the

20 safety of any person or persons or the community, based on

21 the specific articulable facts of the case:

22 (A) Felony violations of Sections 3.01, 3.02, or

23 3.03 of the Humane Care for Animals Act (cruel

24 treatment, aggravated cruelty, and animal torture);

25 (B) Subdivision (d)(1)(B) of Section 11-501 of the

26 Illinois Vehicle Code (aggravated driving under the

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1 influence while operating a school bus with

2 passengers);

3 (C) Subdivision (d)(1)(C) of Section 11-501 of the

4 Illinois Vehicle Code (aggravated driving under the

5 influence causing great bodily harm);

6 (D) Subdivision (d)(1)(D) of Section 11-501 of the

7 Illinois Vehicle Code (aggravated driving under the

8 influence after a previous reckless homicide

9 conviction);

10 (E) Subdivision (d)(1)(F) of Section 11-501 of the

11 Illinois Vehicle Code (aggravated driving under the

12 influence leading to death); or

13 (F) Subdivision (d)(1)(J) of Section 11-501 of the

14 Illinois Vehicle Code (aggravated driving under the

15 influence that resulted in bodily harm to a child

16 under the age of 16);

17 (7) the defendant is charged with an attempt to commit

18 any charge listed in paragraphs (1) through (6.5), and it

19 is alleged that the defendant's pretrial release poses a

20 real and present threat to the safety of any person or

21 persons or the community, based on the specific

22 articulable facts of the case; or

23 (8) ~~(7)~~ the person has a high likelihood of willful

24 flight to avoid prosecution and is charged with:

25 (A) Any felony described in subdivisions ~~Sections~~

26 (a)(1) through (a)(7) ~~(5)~~ of this Section; or

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1 (B) A felony offense other than a Class 4 offense.

2 (b) If the charged offense is a felony, as part of the

3 detention hearing, the court shall ~~the Court shall hold a~~

4 ~~hearing pursuant to 109-3 of this Code to~~ determine whether

5 there is probable cause the defendant has committed an

6 offense, unless a hearing pursuant to Section 109-3 of this

7 Code has already been held or a grand jury has returned a true

8 bill of indictment against the defendant. If there is a

9 finding of no probable cause, the defendant shall be released.

10 No such finding is necessary if the defendant is charged with a

11 misdemeanor.

12 (c) Timing of petition.

13 (1) A petition may be filed without prior notice to

14 the defendant at the first appearance before a judge, or

15 within the 21 calendar days, except as provided in Section

16 110-6, after arrest and release of the defendant upon

17 reasonable notice to defendant; provided that while such

18 petition is pending before the court, the defendant if

19 previously released shall not be detained.

20 (2) ~~(2)~~ Upon filing, the court shall immediately hold

21 a hearing on the petition unless a continuance is

22 requested. If a continuance is requested and granted, the

23 hearing shall be held within 48 hours of the defendant's

24 first appearance if the defendant is charged with first

25 degree murder or a Class X, Class 1, Class 2, or Class 3

26 felony, and within 24 hours if the defendant is charged

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1 with a Class 4 or misdemeanor offense. The Court may deny

2 ~~and~~ or grant the request for continuance. If the court

3 decides to grant the continuance, the Court retains the

4 discretion to detain or release the defendant in the time

5 between the filing of the petition and the hearing.

6 (d) Contents of petition.

7 (1) The petition shall be verified by the State and

8 shall state the grounds upon which it contends the

9 defendant should be denied pretrial release, including the

10 real and present threat to the safety of any person or

11 persons or the community, based on the specific

12 articulable facts or flight risk, as appropriate ~~identity~~

13 ~~of the specific person or persons the State believes the~~

14 ~~defendant poses a danger to~~.

15 (2) If the State seeks to file a second or subsequent

16 petition under this Section, the State shall be required

17 to present a verified application setting forth in detail

18 any new facts not known or obtainable at the time of the

19 filing of the previous petition ~~Only one petition may be~~

20 ~~filed under this Section~~.

21 (e) Eligibility: All defendants shall be presumed eligible

22 for pretrial release, and the State shall bear the burden of

23 proving by clear and convincing evidence that:

24 (1) the proof is evident or the presumption great that

25 the defendant has committed an offense listed in

26 ~~paragraphs (1) through (6) of~~ subsection (a), and

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1 (2) for offenses listed in paragraphs (1) through (7)

2 of subsection (a), the defendant poses a real and present

3 threat to the safety of any person or persons or the

4 community, based on the specific articulable facts of the

5 case, ~~real and present threat to the safety of a specific,~~

6 ~~identifiable person or persons,~~ by conduct which may

7 include, but is not limited to, a forcible felony, the

8 obstruction of justice, intimidation, injury, or abuse as

9 defined by paragraph (1) of Section 103 of the Illinois

10 Domestic Violence Act of 1986, and

11 (3) no condition or combination of conditions set

12 forth in subsection (b) of Section 110-10 of this Article

13 can mitigate (i) the real and present threat to the safety

14 of any person or persons or the community, based on the

15 specific articulable facts of the case, for offenses

16 listed in paragraphs (1) through (7) of subsection (a),

17 ~~real and present threat to the safety of any person or~~

18 ~~persons~~ or (ii) the defendant's willful flight for

19 offenses listed in paragraph (8) of subsection (a), and

20 (4) for offenses under subsection (b) of Section 407

21 of the Illinois Controlled Substances Act that are subject

22 to paragraph (1) of subsection (a), no condition or

23 combination of conditions set forth in subsection (b) of

24 Section 110-10 of this Article can mitigate the real and

25 present threat to the safety of any person or persons or

26 the community, based on the specific articulable facts of

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1 the case, and the defendant poses a serious risk to not

2 appear in court as required.

3 (f) Conduct of the hearings.

4 (1) Prior to the hearing, the State shall tender to

5 the defendant copies ofthe defendant's criminal history

6 available, any written or recorded statements, and the

7 substance of any oral statements made by any person, if

8 relied upon by the State in its petition, and any police

9 reports in the prosecutor's ~~State's Attorney's~~ possession

10 at the time of the hearing~~that are required to be~~

11 ~~disclosed to the defense under Illinois Supreme Court~~

12 ~~rules~~.

13 (2) The State or defendant may present evidence at the

14 hearing by way of proffer based upon reliable information.

15 (3) The defendant has the right to be represented by

16 counsel, and if he or she is indigent, to have counsel

17 appointed for him or her. The defendant shall have the

18 opportunity to testify, to present witnesses on his or her

19 own behalf, and to cross-examine any witnesses that are

20 called by the State. Defense counsel shall be given

21 adequate opportunity to confer with the defendant before

22 any hearing at which conditions of release or the

23 detention of the defendant are to be considered, with an

24 accommodation for a physical condition made to facilitate

25 attorney/client consultation. If defense counsel needs to

26 confer or consult with the defendant during any hearing

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1 conducted via a two-way audio-visual communication system,

2 such consultation shall not be recorded and shall be

3 undertaken consistent with constitutional protections.

4 (3.5) A hearing at which pretrial release may be

5 denied must be conducted in person (and not by way of

6 two-way audio visual communication) unless the accused

7 waives the right to be present physically in court, the

8 court determines that the physical health and safety of

9 any person necessary to the proceedings would be

10 endangered by appearing in court, or the chief judge of

11 the circuit orders use of that system due to operational

12 challenges in conducting the hearing in person. Such

13 operational challenges must be documented and approved by

14 the chief judge of the circuit, and a plan to address the

15 challenges through reasonable efforts must be presented

16 and approved by the Administrative Office of the Illinois

17 Courts every 6 months.

18 (4) If the defense seeks to compel ~~call~~ the

19 complaining witness to testify as a witness in its favor,

20 it shall petition the court for permission. When the ends

21 of justice so require, the court may exercise its

22 discretion and compel the appearance of a complaining

23 witness. The court shall state on the record reasons for

24 granting a defense request to compel the presence of a

25 complaining witness only on the issue of the defendant's

26 pretrial detention. In making a determination under this

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LRB102 03109 RLC 41994 a

1 Section ~~section~~, the court shall state on the record the

2 reason for granting a defense request to compel the

3 presence of a complaining witness, and only grant the

4 request if the court finds by clear and convincing

5 evidence that the defendant will be materially prejudiced

6 if the complaining witness does not appear.

7 Cross-examination of a complaining witness at the pretrial

8 detention hearing for the purpose of impeaching the

9 witness' credibility is insufficient reason to compel the

10 presence of the witness. In deciding whether to compel the

11 appearance of a complaining witness, the court shall be

12 considerate of the emotional and physical well-being of

13 the witness. The pre-trial detention hearing is not to be

14 used for purposes of discovery, and the post arraignment

15 rules of discovery do not apply. The State shall tender to

16 the defendant, prior to the hearing, copies, if any, of

17 the defendant's criminal history, if available, and any

18 written or recorded statements and the substance of any

19 oral statements made by any person, if in the State's

20 Attorney's possession at the time of the hearing.

21 (5) The rules concerning the admissibility of evidence

22 in criminal trials do not apply to the presentation and

23 consideration of information at the hearing. At the trial

24 concerning the offense for which the hearing was conducted

25 neither the finding of the court nor any transcript or

26 other record of the hearing shall be admissible in the

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1 State's case-in-chief ~~case in chief~~, but shall be

2 admissible for impeachment, or as provided in Section

3 115-10.1 of this Code, or in a perjury proceeding.

4 (6) The defendant may not move to suppress evidence or

5 a confession, however, evidence that proof of the charged

6 crime may have been the result of an unlawful search or

7 seizure, or both, or through improper interrogation, is

8 relevant in assessing the weight of the evidence against

9 the defendant.

10 (7) Decisions regarding release, conditions of

11 release, and detention prior to trial must ~~should~~ be

12 individualized, and no single factor or standard may

13 ~~should~~ be used exclusively to order ~~make a condition or~~

14 detention ~~decision~~. Risk assessment tools may not be used

15 as the sole basis to deny pretrial release.

16 (g) Factors to be considered in making a determination of

17 dangerousness. The court may, in determining whether the

18 defendant poses a real and present threat to the safety of any

19 person or persons or the community, based on the specific

20 articulable facts of the case, ~~specific, imminent threat of~~

21 ~~serious physical harm to an identifiable person or persons,~~

22 consider,but shall not be limited to, evidence or testimony

23 concerning:

24 (1) The nature and circumstances of any offense

25 charged, including whether the offense is a crime of

26 violence, involving a weapon, or a sex offense.

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1 (2) The history and characteristics of the defendant

2 including:

3 (A) Any evidence of the defendant's prior criminal

4 history indicative of violent, abusive or assaultive

5 behavior, or lack of such behavior. Such evidence may

6 include testimony or documents received in juvenile

7 proceedings, criminal, quasi-criminal, civil

8 commitment, domestic relations,or other proceedings.

9 (B) Any evidence of the defendant's psychological,

10 psychiatric or other similar social history which

11 tends to indicate a violent, abusive, or assaultive

12 nature, or lack of any such history.

13 (3) The identity of any person or persons to whose

14 safety the defendant is believed to pose a threat, and the

15 nature of the threat. ~~;~~

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

17 defendant, together with the circumstances surrounding

18 them. ~~;~~

19 (5) The age and physical condition of the defendant. ~~;~~

20 (6) The age and physical condition of any victim or

21 complaining witness. ~~;~~

22 (7) Whether the defendant is known to possess or have

23 access to any weapon or weapons. ~~;~~

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

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

26 parole, aftercare release, mandatory supervised release or

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1 other release from custody pending trial, sentencing,

2 appeal or completion of sentence for an offense under

3 federal or state law. ~~;~~

4 (9) Any other factors, including those listed in

5 Section 110-5 of this Article deemed by the court to have a

6 reasonable bearing upon the defendant's propensity or

7 reputation for violent, abusive,or assaultive behavior,

8 or lack of such behavior.

9 (h) Detention order. The court shall, in any order for

10 detention:

11 (1) make a written finding summarizing ~~briefly~~

12 ~~summarize the evidence of the defendant's guilt or~~

13 ~~innocence, and~~the court's reasons for concluding that the

14 defendant should be denied pretrial release, including why

15 less restrictive conditions would not avoid a 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, or prevent the defendant's willful flight from

19 prosecution;

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 or her choice by

26 visitation, 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 (i) Detention. If the court enters an order for the

5 detention of the defendant pursuant to subsection (e) of this

6 Section, the defendant shall be brought to trial on the

7 offense for which he is detained within 90 days after the date

8 on which the order for detention was entered. If the defendant

9 is not brought to trial within the 90-day ~~90 day~~period

10 required by the preceding sentence, he shall not be denied

11 pretrial release. In computing the 90-day ~~90 day~~ period, the

12 court shall omit any period of delay resulting from a

13 continuance granted at the request of the defendant and any

14 period of delay resulting from a continuance granted at the

15 request of the State with good cause shown pursuant to Section

16 103-5.

17 (i-5) At each subsequent appearance of the defendant

18 before the court, the judge must find that continued detention

19 is necessary to avoid a real and present threat to the safety

20 of any person or persons or the community, based on the

21 specific articulable facts of the case, or to prevent the

22 defendant's willful flight from prosecution.

23 (j) Rights of the defendant. The defendant ~~Any person~~

24 shall be entitled to appeal any order entered under this

25 Section denying his or her pretrial release ~~to the defendant~~.

26 (k) Appeal. The State may appeal any order entered under

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1 this Section denying any motion for denial of pretrial

2 release.

3 (l) Presumption of innocence. Nothing in this Section

4 shall be construed as modifying or limiting in any way the

5 defendant's presumption of innocence in further criminal

6 proceedings.

7 (m) Interest of victims ~~Victim notice~~.

8 (1) Crime victims shall be given notice by the State's

9 Attorney's office of this hearing as required in paragraph (1)

10 of subsection (b) of Section 4.5 of the Rights of Crime Victims

11 and Witnesses Act and shall be informed of their opportunity

12 at this hearing to obtain a protective order ~~an order of~~

13 ~~protection under Article 112A of this Code~~.

14 (2) If the defendant is denied pretrial release, the court

15 may impose a no contact provision with the victim or other

16 interested party that shall be enforced while the defendant

17 remains in custody.

18 (Source: P.A. 101-652, eff. 1-1-23; revised 2-28-22.)

19 (725 ILCS 5/110-6.6 new)

20 Sec. 110-6.6. Appeals.

21 (a) Appeals under this Article shall be governed by

22 Supreme Court Rules.

23 (b) If a hearing under this Article is conducted by means

24 of two-way audio-visual communication or other electronic

25 recording system, the audio-visual recording shall be entered

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1 into the record as the transcript for purposes of the appeals

2 described in subsection (a). Nothing in this Section prohibits

3 a transcription by a court reporter from also being entered

4 into the record.

5 (725 ILCS 5/110-7.5 new)

6 Sec. 110-7.5. Previously deposited bail security.

7 (a) On or after January 1, 2023, any person having been

8 previously released pretrial on the condition of the deposit

9 of security shall be allowed to remain on pretrial release

10 under the terms of their original bail bond. This Section

11 shall not limit the State's Attorney's ability to file a

12 verified petition for detention under Section 110-6.1 or a

13 petition for revocation or sanctions under Section 110-6.

14 (b) On or after January 1, 2023, any person who remains in

15 pretrial detention after having been ordered released with

16 pretrial conditions, including the condition of depositing

17 security, shall be entitled to a hearing under subsection (e)

18 of Section 110-5.

19 On or after January 1, 2023, any person, not subject to

20 subsection (b), who remains in pretrial detention and is

21 eligible for detention under Section 110-6.1 shall be entitled

22 to a hearing according to the following schedule:

23 (1) For persons charged with offenses under paragraphs

24 (1) through (7) of subsection (a) of Section 110-6.1, the

25 hearing shall be held within 90 days of the person's

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1 motion for reconsideration of pretrial release conditions.

2 (2) For persons charged with offenses under paragraph

3 (8) of subsection (a) of Section 110-6.1, the hearing

4 shall be held within 60 days of the person's motion for

5 reconsideration of pretrial release conditions.

6 (3) For persons charged with all other offenses not

7 listed in subsection (a) of Section 110-6.1, the hearing

8 shall be held within 7 days of the person's motion for

9 reconsideration of pretrial release conditions.

10 (c) Processing of previously deposited bail security. The

11 provisions of this Section shall apply to all monetary bonds,

12 regardless of whether they were previously posted in cash or

13 in the form of stocks, bonds, or real estate.

14 (1) Once security has been deposited and a charge is

15 pending or is thereafter filed in or transferred to a

16 court of competent jurisdiction, the latter court may

17 continue the original security in that court or modify the

18 conditions of pretrial release subject to the provisions

19 of Section 110-6.

20 (2) After conviction, the court may order that a

21 previously deposited security stand pending appeal,

22 reconsider conditions of release, or deny release subject

23 to the provisions of Section 110-6.2.

24 (3) After the entry of an order by the trial court

25 granting or denying pretrial release pending appeal,

26 either party may apply to the reviewing court having

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1 jurisdiction or to a justice thereof sitting in vacation

2 for an order modifying the conditions of pretrial release

3 or denying pretrial release subject to the provisions of

4 Section 110-6.2.

5 (4) When the conditions of the previously posted bail

6 bond have been performed and the accused has been

7 discharged from all obligations in the cause, the clerk of

8 the court shall return to the accused or to the

9 defendant's designee by an assignment executed at the time

10 the bail amount is deposited, unless the court orders

11 otherwise, 90% of the sum which had been deposited and

12 shall retain as bail bond costs 10% of the amount

13 deposited. However, in no event shall the amount retained

14 by the clerk as bail bond costs be less than $5.

15 Notwithstanding the foregoing, in counties with a

16 population of 3,000,000 or more, in no event shall the

17 amount retained by the clerk as bail bond costs exceed

18 $100. Bail bond deposited by or on behalf of a defendant in

19 one case may be used, in the court's discretion, to

20 satisfy financial obligations of that same defendant

21 incurred in a different case due to a fine, court costs,

22 restitution or fees of the defendant's attorney of record.

23 In counties with a population of 3,000,000 or more, the

24 court shall not order bail bond deposited by or on behalf

25 of a defendant in one case to be used to satisfy financial

26 obligations of that same defendant in a different case

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1 until the bail bond is first used to satisfy court costs

2 and attorney's fees in the case in which the bail bond has

3 been deposited and any other unpaid child support

4 obligations are satisfied.

5 In counties with a population of less than 3,000,000,

6 the court shall not order bail bond deposited by or on

7 behalf of a defendant in one case to be used to satisfy

8 financial obligations of that same defendant in a

9 different case until the bail bond is first used to

10 satisfy court costs in the case in which the bail bond has

11 been deposited.

12 At the request of the defendant, the court may order

13 such 90% of the defendant's bail deposit, or whatever

14 amount is repayable to the defendant from such deposit, to

15 be paid to defendant's attorney of record.

16 (5) If there is an alleged violation of the conditions

17 of pretrial release in a matter in which the defendant has

18 previously deposited security, the court having

19 jurisdiction shall follow the procedures for revocation of

20 pretrial release or sanctions set forth in Section 110-6.

21 The previously deposited security shall be returned to the

22 defendant following the procedures of paragraph (4) of

23 subsection (a) of this Section once the defendant has been

24 discharged from all obligations in the cause.

25 (6) If security was previously deposited for failure

26 to appear in a matter involving enforcement of child

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1 support or maintenance, the amount of the cash deposit on

2 the bond, less outstanding costs, may be awarded to the

3 person or entity to whom the child support or maintenance

4 is due.

5 (7) After a judgment for a fine and court costs or

6 either is entered in the prosecution of a cause in which a

7 deposit of security was previously made, the balance of

8 such deposit shall be applied to the payment of the

9 judgment.

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

11 (Text of Section before amendment by P.A. 101-652)

12 Sec. 110-10. Conditions of bail bond.

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

14 upon payment of bail security or on his or her own

15 recognizance, the conditions of the bail bond shall be that he

16 or she will:

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

18 jurisdiction on a day certain and thereafter as ordered by

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

20 (2) Submit himself or herself to the orders and

21 process of the court;

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

23 (4) Not violate any criminal statute of any

24 jurisdiction;

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

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

2 enforcement officer designated by the court to take

3 custody of and impound the firearms and physically

4 surrender his or her Firearm Owner's Identification Card

5 to the clerk of the circuit court when the offense the

6 person has been charged with is a forcible felony,

7 stalking, aggravated stalking, domestic battery, any

8 violation of the Illinois Controlled Substances Act, the

9 Methamphetamine Control and Community Protection Act, or

10 the Cannabis Control Act that is classified as a Class 2 or

11 greater felony, or any felony violation of Article 24 of

12 the Criminal Code of 1961 or the Criminal Code of 2012; the

13 court may, however, forgo the imposition of this condition

14 when the circumstances of the case clearly do not warrant

15 it or when its imposition would be impractical; if the

16 Firearm Owner's Identification Card is confiscated, the

17 clerk of the circuit court shall mail the confiscated card

18 to the Illinois State Police; all legally possessed

19 firearms shall be returned to the person upon the charges

20 being dismissed, or if the person is found not guilty,

21 unless the finding of not guilty is by reason of insanity;

22 and

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

24 submit to a psychological evaluation when the person has

25 been charged with a violation of item (4) of subsection

26 (a) of Section 24-1 of the Criminal Code of 1961 or the

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1 Criminal Code of 2012 and that violation occurred in a

2 school or in any conveyance owned, leased, or contracted

3 by a school to transport students to or from school or a

4 school-related activity, or on any public way within 1,000

5 feet of real property comprising any school.

6 Psychological evaluations ordered pursuant to this Section

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

8 the defendant, and the court. As a further condition of bail

9 under these circumstances, the court shall order the defendant

10 to refrain from entering upon the property of the school,

11 including any conveyance owned, leased, or contracted by a

12 school to transport students to or from school or a

13 school-related activity, or on any public way within 1,000

14 feet of real property comprising any school. Upon receipt of

15 the psychological evaluation, either the State or the

16 defendant may request a change in the conditions of bail,

17 pursuant to Section 110-6 of this Code. The court may change

18 the conditions of bail to include a requirement that the

19 defendant follow the recommendations of the psychological

20 evaluation, including undergoing psychiatric treatment. The

21 conclusions of the psychological evaluation and any statements

22 elicited from the defendant during its administration are not

23 admissible as evidence of guilt during the course of any trial

24 on the charged offense, unless the defendant places his or her

25 mental competency in issue.

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

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1 following, if the court finds that such conditions are

2 reasonably necessary to assure the defendant's appearance in

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

4 defendant's unlawful interference with the orderly

5 administration of justice:

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

7 or agency as the court may direct;

8 (2) Refrain from possessing a firearm or other

9 dangerous weapon;

10 (3) Refrain from approaching or communicating with

11 particular persons or classes of persons;

12 (4) Refrain from going to certain described

13 geographical areas or premises;

14 (5) Refrain from engaging in certain activities or

15 indulging in intoxicating liquors or in certain drugs;

16 (6) Undergo treatment for drug addiction or

17 alcoholism;

18 (7) Undergo medical or psychiatric treatment;

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

20 training;

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

22 court;

23 (10) Support his or her dependents;

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

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

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

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1 support at home or in a foster home;

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

3 (13) Remain in the custody of such designated person

4 or organization agreeing to supervise his release. Such

5 third party custodian shall be responsible for notifying

6 the court if the defendant fails to observe the conditions

7 of release which the custodian has agreed to monitor, and

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

9 notify the court;

10 (14) Be placed under direct supervision of the

11 Pretrial Services Agency, Probation Department or Court

12 Services Department in a pretrial bond home supervision

13 capacity with or without the use of an approved electronic

14 monitoring device subject to Article 8A of Chapter V of

15 the Unified Code of Corrections;

16 (14.1) The court shall impose upon a defendant who is

17 charged with any alcohol, cannabis, methamphetamine, or

18 controlled substance violation and is placed under direct

19 supervision of the Pretrial Services Agency, Probation

20 Department or Court Services Department in a pretrial bond

21 home supervision capacity with the use of an approved

22 monitoring device, as a condition of such bail bond, a fee

23 that represents costs incidental to the electronic

24 monitoring for each day of such bail supervision ordered

25 by the court, unless after determining the inability of

26 the defendant to pay the fee, the court assesses a lesser

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1 fee or no fee as the case may be. The fee shall be

2 collected by the clerk of the circuit court, except as

3 provided in an administrative order of the Chief Judge of

4 the circuit court. The clerk of the circuit court shall

5 pay all monies collected from this fee to the county

6 treasurer for deposit in the substance abuse services fund

7 under Section 5-1086.1 of the Counties Code, 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 (14.2) The court shall impose upon all defendants,

24 including those defendants subject to paragraph (14.1)

25 above, placed under direct supervision of the Pretrial

26 Services Agency, Probation Department or Court Services

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1 Department in a pretrial bond home supervision capacity

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

3 condition of such bail bond, a fee which shall represent

4 costs incidental to such electronic monitoring for each

5 day of such bail supervision ordered by the court, unless

6 after determining the inability of the defendant to pay

7 the fee, the court assesses a lesser fee or no fee as the

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

9 circuit court, except as provided in an administrative

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

11 the circuit court shall pay all monies collected from this

12 fee to the county treasurer who shall use the monies

13 collected to defray the costs of corrections. The county

14 treasurer shall deposit the fee collected in the county

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

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

17 provided in an administrative order of the Chief Judge of

18 the circuit court.

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

20 by administrative order establish a program for electronic

21 monitoring of offenders with regard to drug-related and

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

23 monitors the operation of the electronic monitoring

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

25 program shall include provisions for indigent offenders

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

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1 unduly burden the offender and shall be subject to review

2 by the Chief Judge.

3 The Chief Judge of the circuit court may suspend any

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

5 damage to any device;

6 (14.3) The Chief Judge of the Judicial Circuit may

7 establish reasonable fees to be paid by a person receiving

8 pretrial services while under supervision of a pretrial

9 services agency, probation department, or court services

10 department. Reasonable fees may be charged for pretrial

11 services including, but not limited to, pretrial

12 supervision, diversion programs, electronic monitoring,

13 victim impact services, drug and alcohol testing, DNA

14 testing, GPS electronic monitoring, assessments and

15 evaluations related to domestic violence and other

16 victims, and victim mediation services. The person

17 receiving pretrial services may be ordered to pay all

18 costs incidental to pretrial services in accordance with

19 his or her ability to pay those costs;

20 (14.4) For persons charged with violating Section

21 11-501 of the Illinois Vehicle Code, refrain from

22 operating a motor vehicle not equipped with an ignition

23 interlock device, as defined in Section 1-129.1 of the

24 Illinois Vehicle Code, pursuant to the rules promulgated

25 by the Secretary of State for the installation of ignition

26 interlock devices. Under this condition the court may

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1 allow a defendant who is not self-employed to operate a

2 vehicle owned by the defendant's employer that is not

3 equipped with an ignition interlock device in the course

4 and scope of the defendant's employment;

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

6 of protection issued by the court under the Illinois

7 Domestic Violence Act of 1986 or an order of protection

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

9 States territory;

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

11 of the drug testing program; and

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

13 impose.

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

15 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

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

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

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

19 at the time of the offense, in granting bail or releasing the

20 defendant on his own recognizance, the judge shall impose

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

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

23 will:

24 1. Vacate the household.

25 2. Make payment of temporary support to his

26 dependents.

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1 3. Refrain from contact or communication with the

2 child victim, except as ordered by the court.

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

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

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

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

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

8 the restrictions shall include requirements that the defendant

9 do the following:

10 (1) refrain from contact or communication with the

11 victim for a minimum period of 72 hours following the

12 defendant's release; and

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

14 residence for a minimum period of 72 hours following the

15 defendant's release.

16 (e) Local law enforcement agencies shall develop

17 standardized bond forms for use in cases involving family or

18 household members as defined in Article 112A, including

19 specific conditions of bond as provided in subsection (d).

20 Failure of any law enforcement department to develop or use

21 those forms shall in no way limit the applicability and

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

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

24 the conditions of the bail bond shall be that he will, in

25 addition to the conditions set forth in subsections (a) and

26 (b) hereof:

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1 (1) Duly prosecute his appeal;

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

3 direct;

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

5 (4) Comply with such other reasonable conditions as

6 the court may impose; and

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

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

9 officer from whose custody he was bailed.

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

11 defendant shall physically surrender, at a time and place

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

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

14 as a condition of remaining on bond pending sentencing.

15 (h) In the event the defendant is unable to post bond, the

16 court may impose a no contact provision with the victim or

17 other interested party that shall be enforced while the

18 defendant remains in custody.

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

20 (Text of Section after amendment by P.A. 101-652)

21 Sec. 110-10. Conditions of pretrial release.

22 (a) If a person is released prior to conviction, the

23 conditions of pretrial release shall be that he or she will:

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

25 jurisdiction on a day certain and thereafter as ordered by

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

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

3 process of the court;

4 (3) (Blank);

5 (4) Not violate any criminal statute of any

6 jurisdiction;

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

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

9 enforcement officer designated by the court to take

10 custody of and impound the firearms and physically

11 surrender his or her Firearm Owner's Identification Card

12 to the clerk of the circuit court when the offense the

13 person has been charged with is a forcible felony,

14 stalking, aggravated stalking, domestic battery, any

15 violation of the Illinois Controlled Substances Act, the

16 Methamphetamine Control and Community Protection Act, or

17 the Cannabis Control Act that is classified as a Class 2 or

18 greater felony, or any felony violation of Article 24 of

19 the Criminal Code of 1961 or the Criminal Code of 2012; the

20 court may, however, forgo the imposition of this condition

21 when the circumstances of the case clearly do not warrant

22 it or when its imposition would be impractical; if the

23 Firearm Owner's Identification Card is confiscated, the

24 clerk of the circuit court shall mail the confiscated card

25 to the Illinois State Police; all legally possessed

26 firearms shall be returned to the person upon the charges

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1 being dismissed, or if the person is found not guilty,

2 unless the finding of not guilty is by reason of insanity;

3 and

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

5 submit to a psychological evaluation when the person has

6 been charged with a violation of item (4) of subsection

7 (a) of Section 24-1 of the Criminal Code of 1961 or the

8 Criminal Code of 2012 and that violation occurred in a

9 school or in any conveyance owned, leased, or contracted

10 by a school to transport students to or from school or a

11 school-related activity, or on any public way within 1,000

12 feet of real property comprising any school.

13 Psychological evaluations ordered pursuant to this Section

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

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

16 pretrial release under these circumstances, the court shall

17 order the defendant to refrain from entering upon the property

18 of the school, including any conveyance owned, leased, or

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

20 or a school-related activity, or on any public way within

21 1,000 feet of real property comprising any school. Upon

22 receipt of the psychological evaluation, either the State or

23 the defendant may request a change in the conditions of

24 pretrial release, pursuant to Section 110-6 of this Code. The

25 court may change the conditions of pretrial release to include

26 a requirement that the defendant follow the recommendations of

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1 the psychological evaluation, including undergoing psychiatric

2 treatment. The conclusions of the psychological evaluation and

3 any statements elicited from the defendant during its

4 administration are not admissible as evidence of guilt during

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

6 defendant places his or her mental competency in issue.

7 (b) Additional conditions of release shall be set only

8 when it is determined that they are necessary to ensure the

9 defendant's appearance in court, ensure the defendant does not

10 commit any criminal offense, ensure the defendant complies

11 with all conditions of pretrial release, ~~The court may impose~~

12 ~~other conditions, such as the following, if the court finds~~

13 ~~that such conditions are reasonably necessary to assure the~~

14 ~~defendant's appearance in court, protect the public from the~~

15 ~~defendant, or~~prevent the defendant's unlawful interference

16 with the orderly administration of justice, or ensure

17 compliance with the rules and procedures of problem solving

18 courts. However, conditions shall include the least

19 restrictive means and be individualized. Conditions shall not

20 mandate rehabilitative services unless directly tied to the

21 risk of pretrial misconduct. Conditions of supervision shall

22 not include punitive measures such as community service work

23 or restitution. Conditions may include the following:

24 (0.05) Not depart this State without leave of the

25 court;

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

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1 or agency as the court may direct;

2 (2) Refrain from possessing a firearm or other

3 dangerous weapon;

4 (3) Refrain from approaching or communicating with

5 particular persons or classes of persons;

6 (4) Refrain from going to certain described geographic

7 ~~geographical~~areas or premises;

8 ~~(5) Refrain from engaging in certain activities or~~

9 ~~indulging in intoxicating liquors or in certain drugs;~~

10 ~~(6) Undergo treatment for drug addiction or~~

11 ~~alcoholism;~~

12 ~~(7) Undergo medical or psychiatric treatment;~~

13 ~~(8) Work or pursue a course of study or vocational~~

14 ~~training;~~

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

16 ~~court;~~

17 ~~(10) Support his or her dependents;~~

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

19 ~~foster home, attend school, attend a non-residential~~

20 ~~program for youths, and contribute to his or her own~~

21 ~~support at home or in a foster home;~~

22 ~~(12) Observe any curfew ordered by the court;~~

23 ~~(13) Remain in the custody of such designated person~~

24 ~~or organization agreeing to supervise his release. Such~~

25 ~~third party custodian shall be responsible for notifying~~

26 ~~the court if the defendant fails to observe the conditions~~

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1 ~~of release which the custodian has agreed to monitor, and~~

2 ~~shall be subject to contempt of court for failure so to~~

3 ~~notify the court;~~

4 (5) ~~(14)~~ Be placed under direct supervision of the

5 Pretrial Services Agency, Probation Department or Court

6 Services Department in a pretrial home supervision

7 capacity with or without the use of an approved electronic

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

9 the Unified Code of Corrections;

10 ~~(14.1) The court may impose upon a defendant who is~~

11 ~~charged with any alcohol, cannabis, methamphetamine, or~~

12 ~~controlled substance violation and is placed under direct~~

13 ~~supervision of the Pretrial Services Agency, Probation~~

14 ~~Department or Court Services Department in a pretrial home~~

15 ~~supervision capacity with the use of an approved~~

16 ~~monitoring device, as a condition of such pretrial~~

17 ~~monitoring, a fee that represents costs incidental to the~~

18 ~~electronic monitoring for each day of such pretrial~~

19 ~~supervision ordered by the court, unless after determining~~

20 ~~the inability of the defendant to pay the fee, the court~~

21 ~~assesses a lesser fee or no fee as the case may be. The fee~~

22 ~~shall be collected by the clerk of the circuit court,~~

23 ~~except as provided in an administrative order of the Chief~~

24 ~~Judge of the circuit court. The clerk of the circuit court~~

25 ~~shall pay all monies collected from this fee to the county~~

26 ~~treasurer for deposit in the substance abuse services fund~~

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1 ~~under Section 5-1086.1 of the Counties Code, except as~~

2 ~~provided in an administrative order of the Chief Judge of~~

3 ~~the circuit 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 ~~(14.2) The court may impose upon all defendants,~~

18 ~~including those defendants subject to paragraph (14.1)~~

19 ~~above, placed under direct supervision of the Pretrial~~

20 ~~Services Agency, Probation Department or Court Services~~

21 ~~Department in a pretrial home supervision capacity with~~

22 ~~the use of an approved monitoring device, as a condition~~

23 ~~of such release, a fee which shall represent costs~~

24 ~~incidental to such electronic monitoring for each day of~~

25 ~~such supervision ordered by the court, unless after~~

26 ~~determining the inability of the defendant to pay the fee,~~

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1 ~~the court assesses a lesser fee or no fee as the case may~~

2 ~~be. The fee shall be collected by the clerk of the circuit~~

3 ~~court, except as provided in an administrative order of~~

4 ~~the Chief Judge of the circuit court. The clerk of the~~

5 ~~circuit court shall pay all monies collected from this fee~~

6 ~~to the county treasurer who shall use the monies collected~~

7 ~~to defray the costs of corrections. The county treasurer~~

8 ~~shall deposit the fee collected in the county working cash~~

9 ~~fund under Section 6-27001 or Section 6-29002 of the~~

10 ~~Counties Code, as the case may be, except as provided in an~~

11 ~~administrative order of the Chief Judge of the circuit~~

12 ~~court.~~

13 ~~The Chief Judge of the circuit court of the county may~~

14 ~~by administrative order establish a program for electronic~~

15 ~~monitoring of offenders with regard to drug-related and~~

16 ~~alcohol-related offenses, in which a vendor supplies and~~

17 ~~monitors the operation of the electronic monitoring~~

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

19 ~~program shall include provisions for indigent offenders~~

20 ~~and the collection of unpaid fees. The program shall not~~

21 ~~unduly burden the offender and shall be subject to review~~

22 ~~by the Chief Judge.~~

23 ~~The Chief Judge of the circuit court may suspend any~~

24 ~~additional charges or fees for late payment, interest, or~~

25 ~~damage to any device;~~

26 ~~(14.3) The Chief Judge of the Judicial Circuit may~~

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1 ~~establish reasonable fees to be paid by a person receiving~~

2 ~~pretrial services while under supervision of a pretrial~~

3 ~~services agency, probation department, or court services~~

4 ~~department. Reasonable fees may be charged for pretrial~~

5 ~~services including, but not limited to, pretrial~~

6 ~~supervision, diversion programs, electronic monitoring,~~

7 ~~victim impact services, drug and alcohol testing, DNA~~

8 ~~testing, GPS electronic monitoring, assessments and~~

9 ~~evaluations related to domestic violence and other~~

10 ~~victims, and victim mediation services. The person~~

11 ~~receiving pretrial services may be ordered to pay all~~

12 ~~costs incidental to pretrial services in accordance with~~

13 ~~his or her ability to pay those costs;~~

14 (6) ~~(14.4)~~ For persons charged with violating Section

15 11-501 of the Illinois Vehicle Code, refrain from

16 operating a motor vehicle not equipped with an ignition

17 interlock device, as defined in Section 1-129.1 of the

18 Illinois Vehicle Code, pursuant to the rules promulgated

19 by the Secretary of State for the installation of ignition

20 interlock devices. Under this condition the court may

21 allow a defendant who is not self-employed to operate a

22 vehicle owned by the defendant's employer that is not

23 equipped with an ignition interlock device in the course

24 and scope of the defendant's employment;

25 (7) ~~(15)~~ Comply with the terms and conditions of an

26 order of protection issued by the court under the Illinois

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1 Domestic Violence Act of 1986 or an order of protection

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

3 States territory;

4 (8) Sign a written admonishment requiring that he or

5 she comply with the provisions of Section 110-12 regarding

6 any change in his or her address. The defendant's address

7 shall at all times remain a matter of record with the clerk

8 of the court ~~(16) (Blank)~~; and

9 (9) ~~(17)~~ Such other reasonable conditions as the court

10 may impose, so long as these conditions are the least

11 restrictive means to achieve the goals listed in

12 subsection (b), are individualized, and are in accordance

13 with national best practices as detailed in the Pretrial

14 Supervision Standards of the Supreme Court.

15 The defendant shall receive verbal and written

16 notification of conditions of pretrial release and future

17 court dates, including the date, time, and location of court.

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

19 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

20 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

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

22 18 years of age living in the same household with the defendant

23 at the time of the offense, in releasing the defendant, the

24 judge shall impose conditions to restrict the defendant's

25 access to the victim which may include, but are not limited to

26 conditions that he will:

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1 1. Vacate the household.

2 2. Make payment of temporary support to his

3 dependents.

4 3. Refrain from contact or communication with the

5 child victim, except as ordered by the court.

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

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

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

9 defendant's release that restrict the defendant's access to

10 the victim. Unless provided otherwise by the court, the

11 restrictions shall include requirements that the defendant do

12 the following:

13 (1) refrain from contact or communication with the

14 victim for a minimum period of 72 hours following the

15 defendant's release; and

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

17 residence for a minimum period of 72 hours following the

18 defendant's release.

19 (e) Local law enforcement agencies shall develop

20 standardized pretrial release forms for use in cases involving

21 family or household members as defined in Article 112A,

22 including specific conditions of pretrial release as provided

23 in subsection (d). Failure of any law enforcement department

24 to develop or use those forms shall in no way limit the

25 applicability and enforcement of subsections (d) and (f).

26 (f) If the defendant is released after conviction

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1 following appeal or other post-conviction proceeding, the

2 conditions of the pretrial release shall be that he will, in

3 addition to the conditions set forth in subsections (a) and

4 (b) hereof:

5 (1) Duly prosecute his appeal;

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

7 direct;

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

9 (4) Comply with such other reasonable conditions as

10 the court may impose; and

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

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

13 officer from whose custody he was released.

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

15 defendant shall physically surrender, at a time and place

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

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

18 as a condition of being released pending sentencing.

19 ~~(h) In the event the defendant is denied pretrial release,~~

20 ~~the court may impose a no contact provision with the victim or~~

21 ~~other interested party that shall be enforced while the~~

22 ~~defendant remains in custody.~~

23 (Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23.)

24 (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)

25 (Text of Section before amendment by P.A. 101-652)

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1 Sec. 110-12. Notice of change of address. A defendant who

2 has been admitted to bail shall file a written notice with the

3 clerk of the court before which the proceeding is pending of

4 any change in his or her address within 24 hours after such

5 change, except that a defendant who has been admitted to bail

6 for a forcible felony as defined in Section 2-8 of the Criminal

7 Code of 2012 shall file a written notice with the clerk of the

8 court before which the proceeding is pending and the clerk

9 shall immediately deliver a time stamped copy of the written

10 notice to the State's Attorney charged with the prosecution

11 within 24 hours prior to such change. The address of a

12 defendant who has been admitted to bail shall at all times

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

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

15 (Text of Section after amendment by P.A. 101-652)

16 Sec. 110-12. Notice of change of address. A defendant who

17 has been admitted to pretrial release shall file a written

18 notice with the clerk of the court before which the proceeding

19 is pending of any change in his or her address within 24 hours

20 after such change, except that a defendant who has been

21 admitted to pretrial release for a forcible felony as defined

22 in Section 2-8 of the Criminal Code of 2012 shall file a

23 written notice with the clerk of the court before which the

24 proceeding is pending and the clerk shall immediately deliver

25 a time stamped copy of the written notice to theprosecutor

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1 ~~State's Attorney~~charged with the prosecution within 24 hours

2 prior to such change. The address of a defendant who has been

3 admitted to pretrial release shall at all times remain a

4 matter of ~~public~~record with the clerk of the court.

5 (Source: P.A. 101-652, eff. 1-1-23.)

6 (725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)

7 Sec. 113-3.1. Payment for Court-Appointed Counsel.

8 (a) Whenever under either Section 113-3 of this Code or

9 Rule 607 of the Illinois Supreme Court the court appoints

10 counsel to represent a defendant, the court may order the

11 defendant to pay to the Clerk of the Circuit Court a reasonable

12 sum to reimburse either the county or the State for such

13 representation. In a hearing to determine the amount of the

14 payment, the court shall consider the affidavit prepared by

15 the defendant under Section 113-3 of this Code and any other

16 information pertaining to the defendant's financial

17 circumstances which may be submitted by the parties. Such

18 hearing shall be conducted on the court's own motion or on

19 motion of theprosecutor ~~State's Attorney~~ at any time after

20 the appointment of counsel but no later than 90 days after the

21 entry of a final order disposing of the case at the trial

22 level.

23 (b) Any sum ordered paid under this Section may not exceed

24 $500 for a defendant charged with a misdemeanor, $5,000 for a

25 defendant charged with a felony, or $2,500 for a defendant who

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1 is appealing a conviction of any class offense.

2 (c) The method of any payment required under this Section

3 shall be as specified by the Court. The court may order that

4 payments be made on a monthly basis during the term of

5 representation; however, the sum deposited as money bond shall

6 not be used to satisfy this court order. ~~Any sum deposited as~~

7 ~~money bond with the Clerk of the Circuit Court under Section~~

8 ~~110-7 of this Code may be used in the court's discretion in~~

9 ~~whole or in part to comply with any payment order entered in~~

10 ~~accordance with paragraph (a) of this Section. The court may~~

11 ~~give special consideration to the interests of relatives or~~

12 ~~other third parties who may have posted a money bond on the~~

13 ~~behalf of the defendant to secure his release.~~ At any time

14 prior to full payment of any payment order the court on its own

15 motion or the motion of any party may reduce, increase, or

16 suspend the ordered payment, or modify the method of payment,

17 as the interest of fairness may require. No increase,

18 suspension, or reduction may be ordered without a hearing and

19 notice to all parties.

20 (d) The Supreme Court or the circuit courts may provide by

21 rule for procedures for the enforcement of orders entered

22 under this Section. Such rules may provide for the assessment

23 of all costs, including attorneys' fees which are required for

24 the enforcement of orders entered under this Section when the

25 court in an enforcement proceeding has first found that the

26 defendant has willfully refused to pay. The Clerk of the

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1 Circuit Court shall keep records and make reports to the court

2 concerning funds paid under this Section in whatever manner

3 the court directs.

4 (e) Whenever an order is entered under this Section for

5 the reimbursement of the State due to the appointment of the

6 State Appellate Defender as counsel on appeal, the order shall

7 provide that the Clerk of the Circuit Court shall retain all

8 funds paid pursuant to such order until the full amount of the

9 sum ordered to be paid by the defendant has been paid. When no

10 balance remains due on such order, the Clerk of the Circuit

11 Court shall inform the court of this fact and the court shall

12 promptly order the Clerk of the Circuit Court to pay to the

13 State Treasurer all of the sum paid.

14 (f) The Clerk of the Circuit Court shall retain all funds

15 under this Section paid for the reimbursement of the county,

16 and shall inform the court when no balance remains due on an

17 order entered hereunder. The Clerk of the Circuit Court shall

18 make payments of funds collected under this Section to the

19 County Treasurer in whatever manner and at whatever point as

20 the court may direct, including payments made on a monthly

21 basis during the term of representation.

22 (g) A defendant who fails to obey any order of court

23 entered under this Section may be punished for contempt of

24 court. Any arrearage in payments may be reduced to judgment in

25 the court's discretion and collected by any means authorized

26 for the collection of money judgments under the law of this

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1 State.

2 (Source: P.A. 88-394.)

3 Section 72. The Code of Criminal Procedure of 1963 is

4 amended by changing Sections 107-11 and 110-14 as follows:

5 (725 ILCS 5/107-11) (from Ch. 38, par. 107-11)

6 Sec. 107-11. When summons may be issued.

7 (a) When authorized to issue a warrant of arrest, a court

8 may instead issue a summons.

9 (b) The summons shall:

10 (1) Be in writing;

11 (2) State the name of the person summoned and his or

12 her address, if known;

13 (3) Set forth the nature of the offense;

14 (4) State the date when issued and the municipality or

15 county where issued;

16 (5) Be signed by the judge of the court with the title

17 of his or her office; and

18 (6) Command the person to appear before a court at a

19 certain time and place.

20 (c) The summons may be served in the same manner as the

21 summons in a civil actionor by certified or regular mail,

22 except that police officers may serve summons for violations

23 of ordinances occurring within their municipalities.

24 (Source: P.A. 87-574.)

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1 (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)

2 (Section scheduled to be repealed on January 1, 2023)

3 Sec. 110-14. Credit toward fines for pretrial

4 incarceration ~~on bailable offense; credit against monetary~~

5 ~~bail for certain offenses~~.

6 (a) Any person denied pretrial release ~~incarcerated on a~~

7 ~~bailable offense who does not supply bail~~ and against whom a

8 fine is levied on conviction of the offense shall be

9 automatically credited ~~allowed a credit of~~ $30 for each day so

10 incarcerated upon application of the defendant. However, in no

11 case shall the amount so ~~allowed or~~credited exceed the amount

12 of the fine.

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

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

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

16 (c) A person subject to bail on a Category B offense,

17 before January 1, 2023, shall have $30 deducted from his or her

18 10% cash bond amount every day the person is incarcerated. The

19 sheriff shall calculate and apply this $30 per day reduction

20 and send notice to the circuit clerk if a defendant's 10% cash

21 bond amount is reduced to $0, at which point the defendant

22 shall be released upon his or her own recognizance.

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

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

25 appear as required before the court and is incarcerated based

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

2 criminal offense.

3 (e) (Blank). ~~This Section is repealed on January 1, 2023.~~

4 (Source: P.A. 101-408, eff. 1-1-20; P.A. 101-652, eff. 7-1-21.

5 Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff.

6 12-17-21.)

7 (725 ILCS 5/110-4 rep.)

8 (725 ILCS 5/Art. 110A rep.)

9 Section 75. The Code of Criminal Procedure of 1963 is

10 amended by repealing Section 110-4 and Article 110A.

11 Section 80. The Rights of Crime Victims and Witnesses Act

12 is amended by changing Section 3 as follows:

13 (725 ILCS 120/3) (from Ch. 38, par. 1403)

14 (Text of Section before amendment by P.A. 102-982)

15 Sec. 3. The terms used in this Act shall have the following

16 meanings:

17 (a) "Crime victim" or "victim" means: (1) any natural

18 person determined by the prosecutor or the court to have

19 suffered direct physical or psychological harm as a result of

20 a violent crime perpetrated or attempted against that person

21 or direct physical or psychological harm as a result of (i) a

22 violation of Section 11-501 of the Illinois Vehicle Code or

23 similar provision of a local ordinance or (ii) a violation of

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1 Section 9-3 of the Criminal Code of 1961 or the Criminal Code

2 of 2012; (2) in the case of a crime victim who is under 18

3 years of age or an adult victim who is incompetent or

4 incapacitated, both parents, legal guardians, foster parents,

5 or a single adult representative; (3) in the case of an adult

6 deceased victim, 2 representatives who may be the spouse,

7 parent, child or sibling of the victim, or the representative

8 of the victim's estate; and (4) an immediate family member of a

9 victim under clause (1) of this paragraph (a) chosen by the

10 victim. If the victim is 18 years of age or over, the victim

11 may choose any person to be the victim's representative. In no

12 event shall the defendant or any person who aided and abetted

13 in the commission of the crime be considered a victim, a crime

14 victim, or a representative of the victim.

15 A board, agency, or other governmental entity making

16 decisions regarding an offender's release, sentence reduction,

17 or clemency can determine additional persons are victims for

18 the purpose of its proceedings.

19 (a-3) "Advocate" means a person whose communications with

20 the victim are privileged under Section 8-802.1 or 8-802.2 of

21 the Code of Civil Procedure, or Section 227 of the Illinois

22 Domestic Violence Act of 1986.

23 (a-5) "Confer" means to consult together, share

24 information, compare opinions and carry on a discussion or

25 deliberation.

26 (a-7) "Sentence" includes, but is not limited to, the

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1 imposition of sentence, a request for a reduction in sentence,

2 parole, mandatory supervised release, aftercare release, early

3 release, inpatient treatment, outpatient treatment,

4 conditional release after a finding that the defendant is not

5 guilty by reason of insanity, clemency, or a proposal that

6 would reduce the defendant's sentence or result in the

7 defendant's release. "Early release" refers to a discretionary

8 release.

9 (a-9) "Sentencing" includes, but is not limited to, the

10 imposition of sentence and a request for a reduction in

11 sentence, parole, mandatory supervised release, aftercare

12 release, early release, consideration of inpatient treatment

13 or outpatient treatment, or conditional release after a

14 finding that the defendant is not guilty by reason of

15 insanity.

16 (a-10) "Status hearing" means a hearing designed to

17 provide information to the court, at which no motion of a

18 substantive nature and no constitutional or statutory right of

19 a crime victim is implicated or at issue.

20 (b) "Witness" means: any person who personally observed

21 the commission of a crime and who will testify on behalf of the

22 State of Illinois; or a person who will be called by the

23 prosecution to give testimony establishing a necessary nexus

24 between the offender and the violent crime.

25 (c) "Violent crime" means: (1) any felony in which force

26 or threat of force was used against the victim; (2) any offense

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1 involving sexual exploitation, sexual conduct, or sexual

2 penetration; (3) a violation of Section 11-20.1, 11-20.1B,

3 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the

4 Criminal Code of 2012; (4) domestic battery or stalking; (5)

5 violation of an order of protection, a civil no contact order,

6 or a stalking no contact order; (6) any misdemeanor which

7 results in death or great bodily harm to the victim; or (7) any

8 violation of Section 9-3 of the Criminal Code of 1961 or the

9 Criminal Code of 2012, or Section 11-501 of the Illinois

10 Vehicle Code, or a similar provision of a local ordinance, if

11 the violation resulted in personal injury or death. "Violent

12 crime" includes any action committed by a juvenile that would

13 be a violent crime if committed by an adult. For the purposes

14 of this paragraph, "personal injury" shall include any Type A

15 injury as indicated on the traffic accident report completed

16 by a law enforcement officer that requires immediate

17 professional attention in either a doctor's office or medical

18 facility. A type A injury shall include severely bleeding

19 wounds, distorted extremities, and injuries that require the

20 injured party to be carried from the scene.

21 (d) (Blank).

22 (e) "Court proceedings" includes, but is not limited to,

23 the preliminary hearing, any post-arraignment hearing the

24 effect of which may be the release of the defendant from

25 custody or to alter the conditions of bond, change of plea

26 hearing, the trial, any pretrial or post-trial hearing,

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1 sentencing, any oral argument or hearing before an Illinois

2 appellate court, any hearing under the Mental Health and

3 Developmental Disabilities Code or Section 5-2-4 of the

4 Unified Code of Corrections after a finding that the defendant

5 is not guilty by reason of insanity, including a hearing for

6 conditional release, any hearing related to a modification of

7 sentence, probation revocation hearing, aftercare release or

8 parole hearings, post-conviction relief proceedings, habeas

9 corpus proceedings and clemency proceedings related to the

10 defendant's conviction or sentence. For purposes of the

11 victim's right to be present, "court proceedings" does not

12 include (1) hearings under Section 109-1 of the Code of

13 Criminal Procedure of 1963, (2) grand jury proceedings, (3)

14 status hearings, or (4) the issuance of an order or decision of

15 an Illinois court that dismisses a charge, reverses a

16 conviction, reduces a sentence, or releases an offender under

17 a court rule.

18 (f) "Concerned citizen" includes relatives of the victim,

19 friends of the victim, witnesses to the crime, or any other

20 person associated with the victim or prisoner.

21 (g) "Victim's attorney" means an attorney retained by the

22 victim for the purposes of asserting the victim's

23 constitutional and statutory rights. An attorney retained by

24 the victim means an attorney who is hired to represent the

25 victim at the victim's expense or an attorney who has agreed to

26 provide pro bono representation. Nothing in this statute

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1 creates a right to counsel at public expense for a victim.

2 (h) "Support person" means a person chosen by a victim to

3 be present at court proceedings.

4 (Source: P.A. 99-143, eff. 7-27-15; 99-413, eff. 8-20-15;

5 99-642, eff. 7-28-16; 99-671, eff. 1-1-17; 100-961, eff.

6 1-1-19.)

7 (Text of Section after amendment by P.A. 102-982)

8 Sec. 3. The terms used in this Act shall have the following

9 meanings:

10 (a) "Crime victim" or "victim" means: (1) any natural

11 person determined by the prosecutor or the court to have

12 suffered direct physical or psychological harm as a result of

13 a violent crime perpetrated or attempted against that person

14 or direct physical or psychological harm as a result of (i) a

15 violation of Section 11-501 of the Illinois Vehicle Code or

16 similar provision of a local ordinance or (ii) a violation of

17 Section 9-3 of the Criminal Code of 1961 or the Criminal Code

18 of 2012; (2) in the case of a crime victim who is under 18

19 years of age or an adult victim who is incompetent or

20 incapacitated, both parents, legal guardians, foster parents,

21 or a single adult representative; (3) in the case of an adult

22 deceased victim, 2 representatives who may be the spouse,

23 parent, child or sibling of the victim, or the representative

24 of the victim's estate; and (4) an immediate family member of a

25 victim under clause (1) of this paragraph (a) chosen by the

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1 victim. If the victim is 18 years of age or over, the victim

2 may choose any person to be the victim's representative. In no

3 event shall the defendant or any person who aided and abetted

4 in the commission of the crime be considered a victim, a crime

5 victim, or a representative of the victim.

6 A board, agency, or other governmental entity making

7 decisions regarding an offender's release, sentence reduction,

8 or clemency can determine additional persons are victims for

9 the purpose of its proceedings.

10 (a-3) "Advocate" means a person whose communications with

11 the victim are privileged under Section 8-802.1 or 8-802.2 of

12 the Code of Civil Procedure, or Section 227 of the Illinois

13 Domestic Violence Act of 1986.

14 (a-5) "Confer" means to consult together, share

15 information, compare opinions and carry on a discussion or

16 deliberation.

17 (a-7) "Sentence" includes, but is not limited to, the

18 imposition of sentence, a request for a reduction in sentence,

19 parole, mandatory supervised release, aftercare release, early

20 release, inpatient treatment, outpatient treatment,

21 conditional release after a finding that the defendant is not

22 guilty by reason of insanity, clemency, or a proposal that

23 would reduce the defendant's sentence or result in the

24 defendant's release. "Early release" refers to a discretionary

25 release.

26 (a-9) "Sentencing" includes, but is not limited to, the

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1 imposition of sentence and a request for a reduction in

2 sentence, parole, mandatory supervised release, aftercare

3 release, early release, consideration of inpatient treatment

4 or outpatient treatment, or conditional release after a

5 finding that the defendant is not guilty by reason of

6 insanity.

7 (a-10) "Status hearing" means a hearing designed to

8 provide information to the court, at which no motion of a

9 substantive nature and no constitutional or statutory right of

10 a crime victim is implicated or at issue.

11 (b) "Witness" means: any person who personally observed

12 the commission of a crime and who will testify on behalf of the

13 State of Illinois; or a person who will be called by the

14 prosecution to give testimony establishing a necessary nexus

15 between the offender and the violent crime.

16 (c) "Violent crime" means: (1) any felony in which force

17 or threat of force was used against the victim; (2) any offense

18 involving sexual exploitation, sexual conduct, or sexual

19 penetration; (3) a violation of Section 11-20.1, 11-20.1B,

20 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the

21 Criminal Code of 2012; (4) domestic battery or stalking; (5)

22 violation of an order of protection, a civil no contact order,

23 or a stalking no contact order; (6) any misdemeanor which

24 results in death or great bodily harm to the victim; or (7) any

25 violation of Section 9-3 of the Criminal Code of 1961 or the

26 Criminal Code of 2012, or Section 11-501 of the Illinois

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1 Vehicle Code, or a similar provision of a local ordinance, if

2 the violation resulted in personal injury or death. "Violent

3 crime" includes any action committed by a juvenile that would

4 be a violent crime if committed by an adult. For the purposes

5 of this paragraph, "personal injury" shall include any Type A

6 injury as indicated on the traffic crash report completed by a

7 law enforcement officer that requires immediate professional

8 attention in either a doctor's office or medical facility. A

9 type A injury shall include severely bleeding wounds,

10 distorted extremities, and injuries that require the injured

11 party to be carried from the scene.

12 (d) (Blank).

13 (e) "Court proceedings" includes, but is not limited to,

14 the preliminary hearing, any post-arraignment hearing the

15 effect of which may be the release of the defendant from

16 custody or to alter the conditions of bond, change of plea

17 hearing, the trial, any pretrial or post-trial hearing,

18 sentencing, any oral argument or hearing before an Illinois

19 appellate court, any hearing under the Mental Health and

20 Developmental Disabilities Code or Section 5-2-4 of the

21 Unified Code of Corrections after a finding that the defendant

22 is not guilty by reason of insanity, including a hearing for

23 conditional release, any hearing related to a modification of

24 sentence, probation revocation hearing, aftercare release or

25 parole hearings, post-conviction relief proceedings, habeas

26 corpus proceedings and clemency proceedings related to the

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1 defendant's conviction or sentence. For purposes of the

2 victim's right to be present, "court proceedings" does not

3 include (1) ~~hearings under Section 109-1 of the Code of~~

4 ~~Criminal Procedure of 1963, (2)~~ grand jury proceedings, (2)

5 ~~(3)~~ status hearings, or (3) ~~(4)~~ the issuance of an order or

6 decision of an Illinois court that dismisses a charge,

7 reverses a conviction, reduces a sentence, or releases an

8 offender under a court rule.

9 (f) "Concerned citizen" includes relatives of the victim,

10 friends of the victim, witnesses to the crime, or any other

11 person associated with the victim or prisoner.

12 (g) "Victim's attorney" means an attorney retained by the

13 victim for the purposes of asserting the victim's

14 constitutional and statutory rights. An attorney retained by

15 the victim means an attorney who is hired to represent the

16 victim at the victim's expense or an attorney who has agreed to

17 provide pro bono representation. Nothing in this statute

18 creates a right to counsel at public expense for a victim.

19 (h) "Support person" means a person chosen by a victim to

20 be present at court proceedings.

21 (Source: P.A. 102-982, eff. 7-1-23.)

22 Section 85. The Pretrial Services Act is amended by

23 changing Sections 7 and 19 as follows:

24 (725 ILCS 185/7) (from Ch. 38, par. 307)

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1 Sec. 7. Pretrial services agencies shall perform the

2 following duties for the circuit court:

3 (a) Interview and assemble verified information and data

4 concerning the community ties, employment, residency, criminal

5 record, and social background of arrested persons who are to

6 be, or have been, presented in court for first appearance on

7 felony charges, to assist the court in determining the

8 appropriate terms and conditions of pretrial release;

9 (b) Submit written reports of those investigations to the

10 court along with such findings and recommendations, if any, as

11 may be necessary to assess appropriate conditions which shall

12 be imposed to protect against the risks of nonappearance and

13 commission of new offenses or other interference with the

14 orderly administration of justice before trial; ~~:~~

15 ~~(1) the need for financial security to assure the~~

16 ~~defendant's appearance at later proceedings; and~~

17 ~~(2) appropriate conditions which shall be imposed to~~

18 ~~protect against the risks of nonappearance and commission of~~

19 ~~new offenses or other interference with the orderly~~

20 ~~administration of justice before trial;~~

21 (c) Supervise compliance with pretrial release conditions,

22 and promptly report violations of those conditions to the

23 court and prosecutor to ensure ~~assure~~effective enforcement;

24 (d) Cooperate with the court and all other criminal

25 justice agencies in the development of programs to minimize

26 unnecessary pretrial detention and protect the public against

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1 breaches of pretrial release conditions; and

2 (e) Monitor the local operations of the pretrial release

3 system and maintain accurate and comprehensive records of

4 program activities.

5 (Source: P.A. 84-1449.)

6 (725 ILCS 185/19) (from Ch. 38, par. 319)

7 Sec. 19. Written reports under Section 17 shall set forth

8 all factual findings on which any recommendation and

9 conclusions contained therein are based together with the

10 source of each fact, and shall contain information and data

11 relevant to appropriate conditions imposed to protect against

12 the risk of nonappearance and commission of new offenses or

13 other interference with the orderly administration of justice

14 before trial. ~~the following issues:~~

15 ~~(a) The need for financial security to assure the~~

16 ~~defendant's appearance for later court proceedings; and~~

17 ~~(b) Appropriate conditions imposed to protect against the~~

18 ~~risk of nonappearance and commission of new offenses or other~~

19 ~~interference with the orderly administration of justice before~~

20 ~~trial.~~

21 (Source: P.A. 84-1449.)

22 Section 87. The Pretrial Services Act is amended by

23 changing Section 11 as follows:

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1 (725 ILCS 185/11) (from Ch. 38, par. 311)

2 (Text of Section before amendment by P.A. 101-652)

3 Sec. 11. No person shall be interviewed by a pretrial

4 services agency unless he or she has first been apprised of the

5 identity and purpose of the interviewer, the scope of the

6 interview, the right to secure legal advice, and the right to

7 refuse cooperation. Inquiry of the defendant shall carefully

8 exclude questions concerning the details of the current

9 charge. Statements made by the defendant during the interview,

10 or evidence derived therefrom, are admissible in evidence only

11 when the court is considering the imposition of pretrial or

12 posttrial conditions to bail or recognizance, or when

13 considering the modification of a prior release order.

14 (Source: P.A. 84-1449.)

15 (Text of Section after amendment by P.A. 101-652)

16 Sec. 11. No person shall be interviewed by a pretrial

17 services agency unless he or she has first been apprised of the

18 identity and purpose of the interviewer, the scope of the

19 interview, the right to secure legal advice, and the right to

20 refuse cooperation. Inquiry of the defendant shall carefully

21 exclude questions concerning the details of the current

22 charge. Statements made by the defendant during the interview,

23 or evidence derived therefrom, are admissible in evidence only

24 when the court is considering the imposition of pretrial or

25 posttrial conditions of release, denial of pretrial release,

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1 ~~to recognizance,~~or when considering the modification of a

2 prior release order.

3 (Source: P.A. 101-652, eff. 1-1-23.)

4 Section 90. The Unified Code of Corrections is amended by

5 changing Sections 5-8-4, 5-8A-4, and 5-8A-4.1 and by adding

6 Section 5-8A-4.15 as follows:

7 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)

8 (Text of Section before amendment by P.A. 102-982)

9 Sec. 5-8-4. Concurrent and consecutive terms of

10 imprisonment.

11 (a) Concurrent terms; multiple or additional sentences.

12 When an Illinois court (i) imposes multiple sentences of

13 imprisonment on a defendant at the same time or (ii) imposes a

14 sentence of imprisonment on a defendant who is already subject

15 to a sentence of imprisonment imposed by an Illinois court, a

16 court of another state, or a federal court, then the sentences

17 shall run concurrently unless otherwise determined by the

18 Illinois court under this Section.

19 (b) Concurrent terms; misdemeanor and felony. A defendant

20 serving a sentence for a misdemeanor who is convicted of a

21 felony and sentenced to imprisonment shall be transferred to

22 the Department of Corrections, and the misdemeanor sentence

23 shall be merged in and run concurrently with the felony

24 sentence.

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1 (c) Consecutive terms; permissive. The court may impose

2 consecutive sentences in any of the following circumstances:

3 (1) If, having regard to the nature and circumstances

4 of the offense and the history and character of the

5 defendant, it is the opinion of the court that consecutive

6 sentences are required to protect the public from further

7 criminal conduct by the defendant, the basis for which the

8 court shall set forth in the record.

9 (2) If one of the offenses for which a defendant was

10 convicted was a violation of Section 32-5.2 (aggravated

11 false personation of a peace officer) of the Criminal Code

12 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision

13 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of

14 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the

15 offense was committed in attempting or committing a

16 forcible felony.

17 (3) If a person charged with a felony commits a

18 separate felony while on pretrial release or in pretrial

19 detention in a county jail facility or county detention

20 facility, then the sentences imposed upon conviction of

21 these felonies may be served consecutively regardless of

22 the order in which the judgments of conviction are

23 entered.

24 (4) If a person commits a battery against a county

25 correctional officer or sheriff's employee while serving a

26 sentence or in pretrial detention in a county jail

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1 facility, then the sentence imposed upon conviction of the

2 battery may be served consecutively with the sentence

3 imposed upon conviction of the earlier misdemeanor or

4 felony, regardless of the order in which the judgments of

5 conviction are entered.

6 (5) If a person admitted to pretrial release following

7 conviction of a felony commits a separate felony while

8 released pretrial or if a person detained in a county jail

9 facility or county detention facility following conviction

10 of a felony commits a separate felony while in detention,

11 then any sentence following conviction of the separate

12 felony may be consecutive to that of the original sentence

13 for which the defendant was released pretrial or detained.

14 (6) If a person is found to be in possession of an item

15 of contraband, as defined in Section 31A-0.1 of the

16 Criminal Code of 2012, while serving a sentence in a

17 county jail or while in pretrial detention in a county

18 jail, the sentence imposed upon conviction for the offense

19 of possessing contraband in a penal institution may be

20 served consecutively to the sentence imposed for the

21 offense for which the person is serving a sentence in the

22 county jail or while in pretrial detention, regardless of

23 the order in which the judgments of conviction are

24 entered.

25 (7) If a person is sentenced for a violation of a

26 condition of pretrial release under Section 32-10 of the

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1 Criminal Code of 1961 or the Criminal Code of 2012, any

2 sentence imposed for that violation may be served

3 consecutive to the sentence imposed for the charge for

4 which pretrial release had been granted and with respect

5 to which the defendant has been convicted.

6 (d) Consecutive terms; mandatory. The court shall impose

7 consecutive sentences in each of the following circumstances:

8 (1) One of the offenses for which the defendant was

9 convicted was first degree murder or a Class X or Class 1

10 felony and the defendant inflicted severe bodily injury.

11 (2) The defendant was convicted of a violation of

12 Section 11-1.20 or 12-13 (criminal sexual assault),

13 11-1.30 or 12-14 (aggravated criminal sexual assault), or

14 11-1.40 or 12-14.1 (predatory criminal sexual assault of a

15 child) of the Criminal Code of 1961 or the Criminal Code of

16 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,

17 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or

18 5/12-14.1).

19 (2.5) The defendant was convicted of a violation of

20 paragraph (1), (2), (3), (4), (5), or (7) of subsection

21 (a) of Section 11-20.1 (child pornography) or of paragraph

22 (1), (2), (3), (4), (5), or (7) of subsection (a) of

23 Section 11-20.1B or 11-20.3 (aggravated child pornography)

24 of the Criminal Code of 1961 or the Criminal Code of 2012;

25 or the defendant was convicted of a violation of paragraph

26 (6) of subsection (a) of Section 11-20.1 (child

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1 pornography) or of paragraph (6) of subsection (a) of

2 Section 11-20.1B or 11-20.3 (aggravated child pornography)

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

4 when the child depicted is under the age of 13.

5 (3) The defendant was convicted of armed violence

6 based upon the predicate offense of any of the following:

7 solicitation of murder, solicitation of murder for hire,

8 heinous battery as described in Section 12-4.1 or

9 subdivision (a)(2) of Section 12-3.05, aggravated battery

10 of a senior citizen as described in Section 12-4.6 or

11 subdivision (a)(4) of Section 12-3.05, criminal sexual

12 assault, a violation of subsection (g) of Section 5 of the

13 Cannabis Control Act (720 ILCS 550/5), cannabis

14 trafficking, a violation of subsection (a) of Section 401

15 of the Illinois Controlled Substances Act (720 ILCS

16 570/401), controlled substance trafficking involving a

17 Class X felony amount of controlled substance under

18 Section 401 of the Illinois Controlled Substances Act (720

19 ILCS 570/401), a violation of the Methamphetamine Control

20 and Community Protection Act (720 ILCS 646/), calculated

21 criminal drug conspiracy, or streetgang criminal drug

22 conspiracy.

23 (4) The defendant was convicted of the offense of

24 leaving the scene of a motor vehicle accident involving

25 death or personal injuries under Section 11-401 of the

26 Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)

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1 aggravated driving under the influence of alcohol, other

2 drug or drugs, or intoxicating compound or compounds, or

3 any combination thereof under Section 11-501 of the

4 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless

5 homicide under Section 9-3 of the Criminal Code of 1961 or

6 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an

7 offense described in item (A) and an offense described in

8 item (B).

9 (5) The defendant was convicted of a violation of

10 Section 9-3.1 or Section 9-3.4 (concealment of homicidal

11 death) or Section 12-20.5 (dismembering a human body) of

12 the Criminal Code of 1961 or the Criminal Code of 2012 (720

13 ILCS 5/9-3.1 or 5/12-20.5).

14 (5.5) The defendant was convicted of a violation of

15 Section 24-3.7 (use of a stolen firearm in the commission

16 of an offense) of the Criminal Code of 1961 or the Criminal

17 Code of 2012.

18 (6) If the defendant was in the custody of the

19 Department of Corrections at the time of the commission of

20 the offense, the sentence shall be served consecutive to

21 the sentence under which the defendant is held by the

22 Department of Corrections. ~~If, however, the defendant is~~

23 ~~sentenced to punishment by death, the sentence shall be~~

24 ~~executed at such time as the court may fix without regard~~

25 ~~to the sentence under which the defendant may be held by~~

26 ~~the Department.~~

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1 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)

2 for escape or attempted escape shall be served consecutive

3 to the terms under which the offender is held by the

4 Department of Corrections.

5 (8) (Blank). ~~If a person charged with a felony commits~~

6 ~~a separate felony while on pretrial release or in pretrial~~

7 ~~detention in a county jail facility or county detention~~

8 ~~facility, then the sentences imposed upon conviction of~~

9 ~~these felonies shall be served consecutively regardless of~~

10 ~~the order in which the judgments of conviction are~~

11 ~~entered.~~

12 (8.5) (Blank). ~~If a person commits a battery against a~~

13 ~~county correctional officer or sheriff's employee while~~

14 ~~serving a sentence or in pretrial detention in a county~~

15 ~~jail facility, then the sentence imposed upon conviction~~

16 ~~of the battery shall be served consecutively with the~~

17 ~~sentence imposed upon conviction of the earlier~~

18 ~~misdemeanor or felony, regardless of the order in which~~

19 ~~the judgments of conviction are entered.~~

20 (9) (Blank). ~~If a person admitted to bail following~~

21 ~~conviction of a felony commits a separate felony while~~

22 ~~free on bond or if a person detained in a county jail~~

23 ~~facility or county detention facility following conviction~~

24 ~~of a felony commits a separate felony while in detention,~~

25 ~~then any sentence following conviction of the separate~~

26 ~~felony shall be consecutive to that of the original~~

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1 ~~sentence for which the defendant was on bond or detained.~~

2 (10) (Blank). ~~If a person is found to be in possession~~

3 ~~of an item of contraband, as defined in Section 31A-0.1 of~~

4 ~~the Criminal Code of 2012, while serving a sentence in a~~

5 ~~county jail or while in pre-trial detention in a county~~

6 ~~jail, the sentence imposed upon conviction for the offense~~

7 ~~of possessing contraband in a penal institution shall be~~

8 ~~served consecutively to the sentence imposed for the~~

9 ~~offense in which the person is serving sentence in the~~

10 ~~county jail or serving pretrial detention, regardless of~~

11 ~~the order in which the judgments of conviction are~~

12 ~~entered.~~

13 (11) (Blank). ~~If a person is sentenced for a violation~~

14 ~~of bail bond under Section 32-10 of the Criminal Code of~~

15 ~~1961 or the Criminal Code of 2012, any sentence imposed~~

16 ~~for that violation shall be served consecutive to the~~

17 ~~sentence imposed for the charge for which bail had been~~

18 ~~granted and with respect to which the defendant has been~~

19 ~~convicted.~~

20 (e) Consecutive terms; subsequent non-Illinois term. If an

21 Illinois court has imposed a sentence of imprisonment on a

22 defendant and the defendant is subsequently sentenced to a

23 term of imprisonment by a court of another state or a federal

24 court, then the Illinois sentence shall run consecutively to

25 the sentence imposed by the court of the other state or the

26 federal court. That same Illinois court, however, may order

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1 that the Illinois sentence run concurrently with the sentence

2 imposed by the court of the other state or the federal court,

3 but only if the defendant applies to that same Illinois court

4 within 30 days after the sentence imposed by the court of the

5 other state or the federal court is finalized.

6 (f) Consecutive terms; aggregate maximums and minimums.

7 The aggregate maximum and aggregate minimum of consecutive

8 sentences shall be determined as follows:

9 (1) For sentences imposed under law in effect prior to

10 February 1, 1978, the aggregate maximum of consecutive

11 sentences shall not exceed the maximum term authorized

12 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of

13 Chapter V for the 2 most serious felonies involved. The

14 aggregate minimum period of consecutive sentences shall

15 not exceed the highest minimum term authorized under

16 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter

17 V for the 2 most serious felonies involved. When sentenced

18 only for misdemeanors, a defendant shall not be

19 consecutively sentenced to more than the maximum for one

20 Class A misdemeanor.

21 (2) For sentences imposed under the law in effect on

22 or after February 1, 1978, the aggregate of consecutive

23 sentences for offenses that were committed as part of a

24 single course of conduct during which there was no

25 substantial change in the nature of the criminal objective

26 shall not exceed the sum of the maximum terms authorized

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LRB102 03109 RLC 41994 a

1 under Article 4.5 of Chapter V for the 2 most serious

2 felonies involved, but no such limitation shall apply for

3 offenses that were not committed as part of a single

4 course of conduct during which there was no substantial

5 change in the nature of the criminal objective. When

6 sentenced only for misdemeanors, a defendant shall not be

7 consecutively sentenced to more than the maximum for one

8 Class A misdemeanor.

9 (g) Consecutive terms; manner served. In determining the

10 manner in which consecutive sentences of imprisonment, one or

11 more of which is for a felony, will be served, the Department

12 of Corrections shall treat the defendant as though he or she

13 had been committed for a single term subject to each of the

14 following:

15 (1) The maximum period of a term of imprisonment shall

16 consist of the aggregate of the maximums of the imposed

17 indeterminate terms, if any, plus the aggregate of the

18 imposed determinate sentences for felonies, plus the

19 aggregate of the imposed determinate sentences for

20 misdemeanors, subject to subsection (f) of this Section.

21 (2) The parole or mandatory supervised release term

22 shall be as provided in paragraph (e) of Section 5-4.5-50

23 (730 ILCS 5/5-4.5-50) for the most serious of the offenses

24 involved.

25 (3) The minimum period of imprisonment shall be the

26 aggregate of the minimum and determinate periods of

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LRB102 03109 RLC 41994 a

1 imprisonment imposed by the court, subject to subsection

2 (f) of this Section.

3 (4) The defendant shall be awarded credit against the

4 aggregate maximum term and the aggregate minimum term of

5 imprisonment for all time served in an institution since

6 the commission of the offense or offenses and as a

7 consequence thereof at the rate specified in Section 3-6-3

8 (730 ILCS 5/3-6-3).

9 (h) Notwithstanding any other provisions of this Section,

10 all sentences imposed by an Illinois court under this Code

11 shall run concurrent to any and all sentences imposed under

12 the Juvenile Court Act of 1987.

13 (Source: P.A. 102-350, eff. 8-13-21.)

14 (Text of Section after amendment by P.A. 102-982)

15 Sec. 5-8-4. Concurrent and consecutive terms of

16 imprisonment.

17 (a) Concurrent terms; multiple or additional sentences.

18 When an Illinois court (i) imposes multiple sentences of

19 imprisonment on a defendant at the same time or (ii) imposes a

20 sentence of imprisonment on a defendant who is already subject

21 to a sentence of imprisonment imposed by an Illinois court, a

22 court of another state, or a federal court, then the sentences

23 shall run concurrently unless otherwise determined by the

24 Illinois court under this Section.

25 (b) Concurrent terms; misdemeanor and felony. A defendant

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LRB102 03109 RLC 41994 a

1 serving a sentence for a misdemeanor who is convicted of a

2 felony and sentenced to imprisonment shall be transferred to

3 the Department of Corrections, and the misdemeanor sentence

4 shall be merged in and run concurrently with the felony

5 sentence.

6 (c) Consecutive terms; permissive. The court may impose

7 consecutive sentences in any of the following circumstances:

8 (1) If, having regard to the nature and circumstances

9 of the offense and the history and character of the

10 defendant, it is the opinion of the court that consecutive

11 sentences are required to protect the public from further

12 criminal conduct by the defendant, the basis for which the

13 court shall set forth in the record.

14 (2) If one of the offenses for which a defendant was

15 convicted was a violation of Section 32-5.2 (aggravated

16 false personation of a peace officer) of the Criminal Code

17 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision

18 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of

19 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the

20 offense was committed in attempting or committing a

21 forcible felony.

22 (3) If a person charged with a felony commits a

23 separate felony while on pretrial release or in pretrial

24 detention in a county jail facility or county detention

25 facility, then the sentences imposed upon conviction of

26 these felonies may be served consecutively regardless of

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1 the order in which the judgments of conviction are

2 entered.

3 (4) If a person commits a battery against a county

4 correctional officer or sheriff's employee while serving a

5 sentence or in pretrial detention in a county jail

6 facility, then the sentence imposed upon conviction of the

7 battery may be served consecutively with the sentence

8 imposed upon conviction of the earlier misdemeanor or

9 felony, regardless of the order in which the judgments of

10 conviction are entered.

11 (5) If a person admitted to pretrial release following

12 conviction of a felony commits a separate felony while

13 released pretrial or if a person detained in a county jail

14 facility or county detention facility following conviction

15 of a felony commits a separate felony while in detention,

16 then any sentence following conviction of the separate

17 felony may be consecutive to that of the original sentence

18 for which the defendant was released pretrial or detained.

19 (6) If a person is found to be in possession of an item

20 of contraband, as defined in Section 31A-0.1 of the

21 Criminal Code of 2012, while serving a sentence in a

22 county jail or while in pretrial detention in a county

23 jail, the sentence imposed upon conviction for the offense

24 of possessing contraband in a penal institution may be

25 served consecutively to the sentence imposed for the

26 offense for which the person is serving a sentence in the

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LRB102 03109 RLC 41994 a

1 county jail or while in pretrial detention, regardless of

2 the order in which the judgments of conviction are

3 entered.

4 (7) If a person is sentenced for a violation of a

5 condition of pretrial release under Section 32-10 of the

6 Criminal Code of 1961 or the Criminal Code of 2012, any

7 sentence imposed for that violation may be served

8 consecutive to the sentence imposed for the charge for

9 which pretrial release had been granted and with respect

10 to which the defendant has been convicted.

11 (d) Consecutive terms; mandatory. The court shall impose

12 consecutive sentences in each of the following circumstances:

13 (1) One of the offenses for which the defendant was

14 convicted was first degree murder or a Class X or Class 1

15 felony and the defendant inflicted severe bodily injury.

16 (2) The defendant was convicted of a violation of

17 Section 11-1.20 or 12-13 (criminal sexual assault),

18 11-1.30 or 12-14 (aggravated criminal sexual assault), or

19 11-1.40 or 12-14.1 (predatory criminal sexual assault of a

20 child) of the Criminal Code of 1961 or the Criminal Code of

21 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,

22 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or

23 5/12-14.1).

24 (2.5) The defendant was convicted of a violation of

25 paragraph (1), (2), (3), (4), (5), or (7) of subsection

26 (a) of Section 11-20.1 (child pornography) or of paragraph

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1 (1), (2), (3), (4), (5), or (7) of subsection (a) of

2 Section 11-20.1B or 11-20.3 (aggravated child pornography)

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

4 or the defendant was convicted of a violation of paragraph

5 (6) of subsection (a) of Section 11-20.1 (child

6 pornography) or of paragraph (6) of subsection (a) of

7 Section 11-20.1B or 11-20.3 (aggravated child pornography)

8 of the Criminal Code of 1961 or the Criminal Code of 2012,

9 when the child depicted is under the age of 13.

10 (3) The defendant was convicted of armed violence

11 based upon the predicate offense of any of the following:

12 solicitation of murder, solicitation of murder for hire,

13 heinous battery as described in Section 12-4.1 or

14 subdivision (a)(2) of Section 12-3.05, aggravated battery

15 of a senior citizen as described in Section 12-4.6 or

16 subdivision (a)(4) of Section 12-3.05, criminal sexual

17 assault, a violation of subsection (g) of Section 5 of the

18 Cannabis Control Act (720 ILCS 550/5), cannabis

19 trafficking, a violation of subsection (a) of Section 401

20 of the Illinois Controlled Substances Act (720 ILCS

21 570/401), controlled substance trafficking involving a

22 Class X felony amount of controlled substance under

23 Section 401 of the Illinois Controlled Substances Act (720

24 ILCS 570/401), a violation of the Methamphetamine Control

25 and Community Protection Act (720 ILCS 646/), calculated

26 criminal drug conspiracy, or streetgang criminal drug

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1 conspiracy.

2 (4) The defendant was convicted of the offense of

3 leaving the scene of a motor vehicle crash involving death

4 or personal injuries under Section 11-401 of the Illinois

5 Vehicle Code (625 ILCS 5/11-401) and either: (A)

6 aggravated driving under the influence of alcohol, other

7 drug or drugs, or intoxicating compound or compounds, or

8 any combination thereof under Section 11-501 of the

9 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless

10 homicide under Section 9-3 of the Criminal Code of 1961 or

11 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an

12 offense described in item (A) and an offense described in

13 item (B).

14 (5) The defendant was convicted of a violation of

15 Section 9-3.1 or Section 9-3.4 (concealment of homicidal

16 death) or Section 12-20.5 (dismembering a human body) of

17 the Criminal Code of 1961 or the Criminal Code of 2012 (720

18 ILCS 5/9-3.1 or 5/12-20.5).

19 (5.5) The defendant was convicted of a violation of

20 Section 24-3.7 (use of a stolen firearm in the commission

21 of an offense) of the Criminal Code of 1961 or the Criminal

22 Code of 2012.

23 (6) If the defendant was in the custody of the

24 Department of Corrections at the time of the commission of

25 the offense, the sentence shall be served consecutive to

26 the sentence under which the defendant is held by the

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1 Department of Corrections. ~~If, however, the defendant is~~

2 ~~sentenced to punishment by death, the sentence shall be~~

3 ~~executed at such time as the court may fix without regard~~

4 ~~to the sentence under which the defendant may be held by~~

5 ~~the Department.~~

6 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)

7 for escape or attempted escape shall be served consecutive

8 to the terms under which the offender is held by the

9 Department of Corrections.

10 (8) (Blank). ~~If a person charged with a felony commits~~

11 ~~a separate felony while on pretrial release or in pretrial~~

12 ~~detention in a county jail facility or county detention~~

13 ~~facility, then the sentences imposed upon conviction of~~

14 ~~these felonies shall be served consecutively regardless of~~

15 ~~the order in which the judgments of conviction are~~

16 ~~entered.~~

17 (8.5) (Blank). ~~If a person commits a battery against a~~

18 ~~county correctional officer or sheriff's employee while~~

19 ~~serving a sentence or in pretrial detention in a county~~

20 ~~jail facility, then the sentence imposed upon conviction~~

21 ~~of the battery shall be served consecutively with the~~

22 ~~sentence imposed upon conviction of the earlier~~

23 ~~misdemeanor or felony, regardless of the order in which~~

24 ~~the judgments of conviction are entered.~~

25 (9) (Blank). ~~If a person admitted to bail following~~

26 ~~conviction of a felony commits a separate felony while~~

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1 ~~free on bond or if a person detained in a county jail~~

2 ~~facility or county detention facility following conviction~~

3 ~~of a felony commits a separate felony while in detention,~~

4 ~~then any sentence following conviction of the separate~~

5 ~~felony shall be consecutive to that of the original~~

6 ~~sentence for which the defendant was on bond or detained.~~

7 (10) (Blank). ~~If a person is found to be in possession~~

8 ~~of an item of contraband, as defined in Section 31A-0.1 of~~

9 ~~the Criminal Code of 2012, while serving a sentence in a~~

10 ~~county jail or while in pre-trial detention in a county~~

11 ~~jail, the sentence imposed upon conviction for the offense~~

12 ~~of possessing contraband in a penal institution shall be~~

13 ~~served consecutively to the sentence imposed for the~~

14 ~~offense in which the person is serving sentence in the~~

15 ~~county jail or serving pretrial detention, regardless of~~

16 ~~the order in which the judgments of conviction are~~

17 ~~entered.~~

18 (11) (Blank). ~~If a person is sentenced for a violation~~

19 ~~of bail bond under Section 32-10 of the Criminal Code of~~

20 ~~1961 or the Criminal Code of 2012, any sentence imposed~~

21 ~~for that violation shall be served consecutive to the~~

22 ~~sentence imposed for the charge for which bail had been~~

23 ~~granted and with respect to which the defendant has been~~

24 ~~convicted.~~

25 (e) Consecutive terms; subsequent non-Illinois term. If an

26 Illinois court has imposed a sentence of imprisonment on a

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1 defendant and the defendant is subsequently sentenced to a

2 term of imprisonment by a court of another state or a federal

3 court, then the Illinois sentence shall run consecutively to

4 the sentence imposed by the court of the other state or the

5 federal court. That same Illinois court, however, may order

6 that the Illinois sentence run concurrently with the sentence

7 imposed by the court of the other state or the federal court,

8 but only if the defendant applies to that same Illinois court

9 within 30 days after the sentence imposed by the court of the

10 other state or the federal court is finalized.

11 (f) Consecutive terms; aggregate maximums and minimums.

12 The aggregate maximum and aggregate minimum of consecutive

13 sentences shall be determined as follows:

14 (1) For sentences imposed under law in effect prior to

15 February 1, 1978, the aggregate maximum of consecutive

16 sentences shall not exceed the maximum term authorized

17 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of

18 Chapter V for the 2 most serious felonies involved. The

19 aggregate minimum period of consecutive sentences shall

20 not exceed the highest minimum term authorized under

21 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter

22 V for the 2 most serious felonies involved. When sentenced

23 only for misdemeanors, a defendant shall not be

24 consecutively sentenced to more than the maximum for one

25 Class A misdemeanor.

26 (2) For sentences imposed under the law in effect on

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1 or after February 1, 1978, the aggregate of consecutive

2 sentences for offenses that were committed as part of a

3 single course of conduct during which there was no

4 substantial change in the nature of the criminal objective

5 shall not exceed the sum of the maximum terms authorized

6 under Article 4.5 of Chapter V for the 2 most serious

7 felonies involved, but no such limitation shall apply for

8 offenses that were not committed as part of a single

9 course of conduct during which there was no substantial

10 change in the nature of the criminal objective. When

11 sentenced only for misdemeanors, a defendant shall not be

12 consecutively sentenced to more than the maximum for one

13 Class A misdemeanor.

14 (g) Consecutive terms; manner served. In determining the

15 manner in which consecutive sentences of imprisonment, one or

16 more of which is for a felony, will be served, the Department

17 of Corrections shall treat the defendant as though he or she

18 had been committed for a single term subject to each of the

19 following:

20 (1) The maximum period of a term of imprisonment shall

21 consist of the aggregate of the maximums of the imposed

22 indeterminate terms, if any, plus the aggregate of the

23 imposed determinate sentences for felonies, plus the

24 aggregate of the imposed determinate sentences for

25 misdemeanors, subject to subsection (f) of this Section.

26 (2) The parole or mandatory supervised release term

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1 shall be as provided in paragraph (e) of Section 5-4.5-50

2 (730 ILCS 5/5-4.5-50) for the most serious of the offenses

3 involved.

4 (3) The minimum period of imprisonment shall be the

5 aggregate of the minimum and determinate periods of

6 imprisonment imposed by the court, subject to subsection

7 (f) of this Section.

8 (4) The defendant shall be awarded credit against the

9 aggregate maximum term and the aggregate minimum term of

10 imprisonment for all time served in an institution since

11 the commission of the offense or offenses and as a

12 consequence thereof at the rate specified in Section 3-6-3

13 (730 ILCS 5/3-6-3).

14 (h) Notwithstanding any other provisions of this Section,

15 all sentences imposed by an Illinois court under this Code

16 shall run concurrent to any and all sentences imposed under

17 the Juvenile Court Act of 1987.

18 (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23.)

19 (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)

20 Sec. 5-8A-4. Program description. The supervising

21 authority may promulgate rules that prescribe reasonable

22 guidelines under which an electronic monitoring and home

23 detention program shall operate. When using electronic

24 monitoring for home detention these rules may include, but not

25 be limited to, the following:

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1 (A) The participant may be instructed to remain within

2 the interior premises or within the property boundaries of

3 his or her residence at all times during the hours

4 designated by the supervising authority. Such instances of

5 approved absences from the home shall include, but are not

6 limited to, the following:

7 (1) working or employment approved by the court or

8 traveling to or from approved employment;

9 (2) unemployed and seeking employment approved for

10 the participant by the court;

11 (3) undergoing medical, psychiatric, mental health

12 treatment, counseling, or other treatment programs

13 approved for the participant by the court;

14 (4) attending an educational institution or a

15 program approved for the participant by the court;

16 (5) attending a regularly scheduled religious

17 service at a place of worship;

18 (6) participating in community work release or

19 community service programs approved for the

20 participant by the supervising authority;

21 (7) for another compelling reason consistent with

22 the public interest, as approved by the supervising

23 authority; or

24 (8) purchasing groceries, food, or other basic

25 necessities.

26 (A-1) At a minimum, any person ordered to pretrial

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1 home confinement with or without electronic monitoring

2 must be provided with movement spread out over no fewer

3 than two days per week, to participate in basic activities

4 such as those listed in paragraph (A). In this subdivision

5 (A-1), "days" means a reasonable time period during a

6 calendar day, as outlined by the court in the order

7 placing the person on home confinement.

8 (B) The participant shall admit any person or agent

9 designated by the supervising authority into his or her

10 residence at any time for purposes of verifying the

11 participant's compliance with the conditions of his or her

12 detention.

13 (C) The participant shall make the necessary

14 arrangements to allow for any person or agent designated

15 by the supervising authority to visit the participant's

16 place of education or employment at any time, based upon

17 the approval of the educational institution employer or

18 both, for the purpose of verifying the participant's

19 compliance with the conditions of his or her detention.

20 (D) The participant shall acknowledge and participate

21 with the approved electronic monitoring device as

22 designated by the supervising authority at any time for

23 the purpose of verifying the participant's compliance with

24 the conditions of his or her detention.

25 (E) The participant shall maintain the following:

26 (1) access to a working telephone;

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1 (2) a monitoring device in the participant's home,

2 or on the participant's person, or both; and

3 (3) a monitoring device in the participant's home

4 and on the participant's person in the absence of a

5 telephone.

6 (F) The participant shall obtain approval from the

7 supervising authority before the participant changes

8 residence or the schedule described in subsection (A) of

9 this Section. Such approval shall not be unreasonably

10 withheld.

11 (G) The participant shall not commit another crime

12 during the period of home detention ordered by the Court.

13 (H) Notice to the participant that violation of the

14 order for home detention may subject the participant to

15 prosecution for the crime of escape as described in

16 Section 5-8A-4.1.

17 (I) The participant shall abide by other conditions as

18 set by the supervising authority.

19 (J) This Section takes effect January 1, 2022.

20 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

21 102-687, eff. 12-17-21.)

22 (730 ILCS 5/5-8A-4.1)

23 Sec. 5-8A-4.1. Escape~~; failure to comply with a condition~~

24 ~~of the electronic monitoring or home detention program~~.

25 (a) A person charged with ~~or convicted of~~a felony, or

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1 charged with ~~or adjudicated delinquent for~~ an act which, if

2 committed by an adult, would constitute a felony,

3 conditionally released from the supervising authority through

4 an electronic monitoring or home detention program, who

5 knowingly escapes or leaves from the geographic boundaries of

6 an electronic monitoring or home detention program with the

7 intent to evade prosecution ~~violates a condition of the~~

8 ~~electronic monitoring or home detention program and remains in~~

9 ~~violation for at least 48 hours~~ is guilty of a Class 3 felony.

10 (b) A person charged with or convicted of a misdemeanor,

11 or charged with ~~or adjudicated delinquent for~~ an act which, if

12 committed by an adult, would constitute a misdemeanor,

13 conditionally released from the supervising authority through

14 an electronic monitoring or home detention program, who

15 knowingly escapes or leaves from the geographic boundaries of

16 an electronic monitoring or home detention program with the

17 intent to evade prosecution ~~violates a condition of the~~

18 ~~electronic monitoring or home detention program and remains in~~

19 ~~violation for at least 48 hours~~ is guilty of a Class B

20 misdemeanor.

21 (c) A person who violates this Section while armed with a

22 dangerous weapon is guilty of a Class 1 felony.

23 (Source: P.A. 100-431, eff. 8-25-17; 101-652, eff. 7-1-21.)

24 (730 ILCS 5/5-8A-4.15 new)

25 Sec. 5-8A-4.15. Failure to comply with a condition of the

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1 electronic monitoring or home detention program.

2 (a) A person charged with a felony or misdemeanor, or

3 charged with an act that, if committed by an adult, would

4 constitute a felony, or misdemeanor, conditionally released

5 from the supervising authority through an electronic

6 monitoring or home detention program, who knowingly and

7 intentionally violates a condition of the electronic

8 monitoring or home detention program without notification to

9 the proper authority is subject to sanctions as outlined in

10 Section 110-6.

11 (b) A person who violates a condition of the electronic

12 monitoring or home detention program by knowingly and

13 intentionally removing, disabling, destroying, or

14 circumventing the operation of an approved electronic

15 monitoring device shall be subject to penalties for escape

16 under Section 5-8A-4.1.

17 Section 95. No acceleration or delay. Where this Act makes

18 changes in a statute that is represented in this Act by text

19 that is not yet or no longer in effect (for example, a Section

20 represented by multiple versions), the use of that text does

21 not accelerate or delay the taking effect of (i) the changes

22 made by this Act or (ii) provisions derived from any other

23 Public Act.

24 Section 97. Severability. The provisions of this Act are

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1 severable under Section 1.31 of the Statute on Statutes.

2 Section 99. Effective date. This Act takes effect January

3 1, 2023, except that this Section and Sections 2, 22, 30, 35,

4 37, 72, 87, and 90 take effect upon becoming law.".