103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4697

Introduced , by Rep. Tim Ozinga

SYNOPSIS AS INTRODUCED:
See Index

Amends, repeals, and reenacts various Acts. Restores the statutes to the form in which they existed before their amendment by Public Acts 101-652, 102-28, and 102-1104, with certain exceptions. Makes other technical changes. Effective immediately.
LRB103 35722 RLC 65802 b

A BILL FOR

HB4697LRB103 35722 RLC 65802 b
1 AN ACT concerning public safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 (5 ILCS 845/Act rep.)
5 Section 5. The Statewide Use of Force Standardization Act
6is repealed.
7 (730 ILCS 205/Act rep.)
8 Section 10. The No Representation Without Population Act
9is repealed.
10 (730 ILCS 210/Act rep.)
11 Section 15. The Reporting of Deaths in Custody Act is
12repealed.
13 (5 ILCS 70/1.43 rep.)
14 Section 20. The Statute on Statutes is amended by
15repealing Section 1.43.
16 (5 ILCS 100/5-45.35 rep.)
17 Section 25. The Illinois Administrative Procedure Act is
18amended by repealing Section 5-45.35 as added by Public Act
19102-1104.

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1 Section 30. The Freedom of Information Act is amended by
2changing Section 2.15 as follows:
3 (5 ILCS 140/2.15)
4 Sec. 2.15. Arrest reports and criminal history records.
5 (a) Arrest reports. The following chronologically
6maintained arrest and criminal history information maintained
7by State or local criminal justice agencies shall be furnished
8as soon as practical, but in no event later than 72 hours after
9the arrest, notwithstanding the time limits otherwise provided
10for in Section 3 of this Act: (i) information that identifies
11the individual, including the name, age, address, and
12photograph, when and if available; (ii) information detailing
13any charges relating to the arrest; (iii) the time and
14location of the arrest; (iv) the name of the investigating or
15arresting law enforcement agency; (v) if the individual is
16incarcerated, the amount of any bail or bond (blank); and (vi)
17if the individual is incarcerated, the time and date that the
18individual was received into, discharged from, or transferred
19from the arresting agency's custody.
20 (b) Criminal history records. The following documents
21maintained by a public body pertaining to criminal history
22record information are public records subject to inspection
23and copying by the public pursuant to this Act: (i) court
24records that are public; (ii) records that are otherwise
25available under State or local law; and (iii) records in which

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1the requesting party is the individual identified, except as
2provided under Section 7(1)(d)(vi).
3 (c) Information described in items (iii) through (vi) of
4subsection (a) may be withheld if it is determined that
5disclosure would: (i) interfere with pending or actually and
6reasonably contemplated law enforcement proceedings conducted
7by any law enforcement agency; (ii) endanger the life or
8physical safety of law enforcement or correctional personnel
9or any other person; or (iii) compromise the security of any
10correctional facility.
11 (d) The provisions of this Section do not supersede the
12confidentiality provisions for law enforcement or arrest
13records of the Juvenile Court Act of 1987.
14 (e) Notwithstanding the requirements of subsection (a), a
15law enforcement agency may not publish booking photographs,
16commonly known as "mugshots", on its social networking website
17in connection with civil offenses, petty offenses, business
18offenses, Class C misdemeanors, and Class B misdemeanors
19unless the booking photograph is posted to the social
20networking website to assist in the search for a missing
21person or to assist in the search for a fugitive, person of
22interest, or individual wanted in relation to a crime other
23than a petty offense, business offense, Class C misdemeanor,
24or Class B misdemeanor. As used in this subsection, "social
25networking website" has the meaning provided in Section 10 of
26the Right to Privacy in the Workplace Act.

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1(Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23;
2102-1104, eff. 1-1-23.)
3 Section 35. The State Records Act is amended by changing
4Section 4a as follows:
5 (5 ILCS 160/4a)
6 Sec. 4a. Arrest records and reports.
7 (a) When an individual is arrested, the following
8information must be made available to the news media for
9inspection and copying:
10 (1) Information that identifies the individual,
11 including the name, age, address, and photograph, when and
12 if available.
13 (2) Information detailing any charges relating to the
14 arrest.
15 (3) The time and location of the arrest.
16 (4) The name of the investigating or arresting law
17 enforcement agency.
18 (5) (Blank).
19 (5.1) If the individual is incarcerated, the amount of
20 any bail or bond.
21 (6) If the individual is incarcerated, the time and
22 date that the individual was received, discharged, or
23 transferred from the arresting agency's custody.
24 (b) The information required by this Section must be made

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1available to the news media for inspection and copying as soon
2as practicable, but in no event shall the time period exceed 72
3hours from the arrest. The information described in paragraphs
4(3), (4), (5), and (6) of subsection (a), however, may be
5withheld 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
15media" means personnel of a newspaper or other periodical
16issued at regular intervals whether in print or electronic
17format, a news service whether in print or electronic format,
18a radio station, a television station, a television network, a
19community antenna television service, or a person or
20corporation engaged in making news reels or other motion
21picture news for public showing.
22 (d) Each law enforcement or correctional agency may charge
23fees for arrest records, but in no instance may the fee exceed
24the actual cost of copying and reproduction. The fees may not
25include the cost of the labor used to reproduce the arrest
26record.

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1 (e) The provisions of this Section do not supersede the
2confidentiality provisions for arrest records of the Juvenile
3Court Act of 1987.
4 (f) All information, including photographs, made available
5under this Section is subject to the provisions of Section
62QQQ of the Consumer Fraud and Deceptive Business Practices
7Act.
8 (g) Notwithstanding the requirements of subsection (a), a
9law enforcement agency may not publish booking photographs,
10commonly known as "mugshots", on its social networking website
11in connection with civil offenses, petty offenses, business
12offenses, Class C misdemeanors, and Class B misdemeanors
13unless the booking photograph is posted to the social
14networking website to assist in the search for a missing
15person or to assist in the search for a fugitive, person of
16interest, or individual wanted in relation to a crime other
17than a petty offense, business offense, Class C misdemeanor,
18or Class B misdemeanor. As used in this subsection, "social
19networking website" has the meaning provided in Section 10 of
20the Right to Privacy in the Workplace Act.
21(Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23;
22102-1104, eff. 1-1-23.)
23 Section 40. The Illinois Public Labor Relations Act is
24amended by changing Section 14 as follows:

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1 (5 ILCS 315/14) (from Ch. 48, par. 1614)
2 Sec. 14. Security employee, peace officer and fire fighter
3disputes.
4 (a) In the case of collective bargaining agreements
5involving units of security employees of a public employer,
6Peace Officer Units, or units of fire fighters or paramedics,
7and in the case of disputes under Section 18, unless the
8parties mutually agree to some other time limit, mediation
9shall commence 30 days prior to the expiration date of such
10agreement or at such later time as the mediation services
11chosen under subsection (b) of Section 12 can be provided to
12the parties. In the case of negotiations for an initial
13collective bargaining agreement, mediation shall commence upon
1415 days notice from either party or at such later time as the
15mediation services chosen pursuant to subsection (b) of
16Section 12 can be provided to the parties. In mediation under
17this Section, if either party requests the use of mediation
18services from the Federal Mediation and Conciliation Service,
19the other party shall either join in such request or bear the
20additional cost of mediation services from another source. The
21mediator shall have a duty to keep the Board informed on the
22progress of the mediation. If any dispute has not been
23resolved within 15 days after the first meeting of the parties
24and the mediator, or within such other time limit as may be
25mutually agreed upon by the parties, either the exclusive
26representative or employer may request of the other, in

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1writing, arbitration, and shall submit a copy of the request
2to the Board.
3 (b) Within 10 days after such a request for arbitration
4has been made, the employer shall choose a delegate and the
5employees' exclusive representative shall choose a delegate to
6a panel of arbitration as provided in this Section. The
7employer and employees shall forthwith advise the other and
8the Board of their selections.
9 (c) Within 7 days after the request of either party, the
10parties shall request a panel of impartial arbitrators from
11which they shall select the neutral chairman according to the
12procedures provided in this Section. If the parties have
13agreed to a contract that contains a grievance resolution
14procedure as provided in Section 8, the chairman shall be
15selected using their agreed contract procedure unless they
16mutually agree to another procedure. If the parties fail to
17notify the Board of their selection of neutral chairman within
187 days after receipt of the list of impartial arbitrators, the
19Board shall appoint, at random, a neutral chairman from the
20list. In the absence of an agreed contract procedure for
21selecting an impartial arbitrator, either party may request a
22panel from the Board. Within 7 days of the request of either
23party, the Board shall select from the Public Employees Labor
24Mediation Roster 7 persons who are on the labor arbitration
25panels of either the American Arbitration Association or the
26Federal Mediation and Conciliation Service, or who are members

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1of the National Academy of Arbitrators, as nominees for
2impartial arbitrator of the arbitration panel. The parties may
3select an individual on the list provided by the Board or any
4other individual mutually agreed upon by the parties. Within 7
5days following the receipt of the list, the parties shall
6notify the Board of the person they have selected. Unless the
7parties agree on an alternate selection procedure, they shall
8alternatively strike one name from the list provided by the
9Board until only one name remains. A coin toss shall determine
10which party shall strike the first name. If the parties fail to
11notify the Board in a timely manner of their selection for
12neutral chairman, the Board shall appoint a neutral chairman
13from the Illinois Public Employees Mediation/Arbitration
14Roster.
15 (d) The chairman shall call a hearing to begin within 15
16days and give reasonable notice of the time and place of the
17hearing. The hearing shall be held at the offices of the Board
18or at such other location as the Board deems appropriate. The
19chairman shall preside over the hearing and shall take
20testimony. Any oral or documentary evidence and other data
21deemed relevant by the arbitration panel may be received in
22evidence. The proceedings shall be informal. Technical rules
23of evidence shall not apply and the competency of the evidence
24shall not thereby be deemed impaired. A verbatim record of the
25proceedings shall be made and the arbitrator shall arrange for
26the necessary recording service. Transcripts may be ordered at

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1the expense of the party ordering them, but the transcripts
2shall not be necessary for a decision by the arbitration
3panel. The expense of the proceedings, including a fee for the
4chairman, shall be borne equally by each of the parties to the
5dispute. The delegates, if public officers or employees, shall
6continue on the payroll of the public employer without loss of
7pay. The hearing conducted by the arbitration panel may be
8adjourned from time to time, but unless otherwise agreed by
9the parties, shall be concluded within 30 days of the time of
10its commencement. Majority actions and rulings shall
11constitute the actions and rulings of the arbitration panel.
12Arbitration proceedings under this Section shall not be
13interrupted or terminated by reason of any unfair labor
14practice charge filed by either party at any time.
15 (e) The arbitration panel may administer oaths, require
16the attendance of witnesses, and the production of such books,
17papers, contracts, agreements and documents as may be deemed
18by it material to a just determination of the issues in
19dispute, and for such purpose may issue subpoenas. If any
20person refuses to obey a subpoena, or refuses to be sworn or to
21testify, or if any witness, party or attorney is guilty of any
22contempt while in attendance at any hearing, the arbitration
23panel may, or the attorney general if requested shall, invoke
24the aid of any circuit court within the jurisdiction in which
25the hearing is being held, which court shall issue an
26appropriate order. Any failure to obey the order may be

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1punished by the court as contempt.
2 (f) At any time before the rendering of an award, the
3chairman of the arbitration panel, if he is of the opinion that
4it would be useful or beneficial to do so, may remand the
5dispute to the parties for further collective bargaining for a
6period not to exceed 2 weeks. If the dispute is remanded for
7further collective bargaining the time provisions of this Act
8shall be extended for a time period equal to that of the
9remand. The chairman of the panel of arbitration shall notify
10the Board of the remand.
11 (g) At or before the conclusion of the hearing held
12pursuant to subsection (d), the arbitration panel shall
13identify the economic issues in dispute, and direct each of
14the parties to submit, within such time limit as the panel
15shall prescribe, to the arbitration panel and to each other
16its last offer of settlement on each economic issue. The
17determination of the arbitration panel as to the issues in
18dispute and as to which of these issues are economic shall be
19conclusive. The arbitration panel, within 30 days after the
20conclusion of the hearing, or such further additional periods
21to which the parties may agree, shall make written findings of
22fact and promulgate a written opinion and shall mail or
23otherwise deliver a true copy thereof to the parties and their
24representatives and to the Board. As to each economic issue,
25the arbitration panel shall adopt the last offer of settlement
26which, in the opinion of the arbitration panel, more nearly

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1complies with the applicable factors prescribed in subsection
2(h). The findings, opinions and order as to all other issues
3shall be based upon the applicable factors prescribed in
4subsection (h).
5 (h) Where there is no agreement between the parties, or
6where there is an agreement but the parties have begun
7negotiations or discussions looking to a new agreement or
8amendment of the existing agreement, and wage rates or other
9conditions of employment under the proposed new or amended
10agreement are in dispute, the arbitration panel shall base its
11findings, opinions and order upon the following factors, as
12applicable:
13 (1) The lawful authority of the employer.
14 (2) Stipulations of the parties.
15 (3) The interests and welfare of the public and the
16 financial ability of the unit of government to meet those
17 costs.
18 (4) Comparison of the wages, hours and conditions of
19 employment of the employees involved in the arbitration
20 proceeding with the wages, hours and conditions of
21 employment of other employees performing similar services
22 and with other employees generally:
23 (A) In public employment in comparable
24 communities.
25 (B) In private employment in comparable
26 communities.

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1 (5) The average consumer prices for goods and
2 services, commonly known as the cost of living.
3 (6) The overall compensation presently received by the
4 employees, including direct wage compensation, vacations,
5 holidays and other excused time, insurance and pensions,
6 medical and hospitalization benefits, the continuity and
7 stability of employment and all other benefits received.
8 (7) Changes in any of the foregoing circumstances
9 during the pendency of the arbitration proceedings.
10 (8) Such other factors, not confined to the foregoing,
11 which are normally or traditionally taken into
12 consideration in the determination of wages, hours and
13 conditions of employment through voluntary collective
14 bargaining, mediation, fact-finding, arbitration or
15 otherwise between the parties, in the public service or in
16 private employment.
17 (i) In the case of peace officers, the arbitration
18decision shall be limited to wages, hours, and conditions of
19employment (which may include residency requirements in
20municipalities with a population under 1,000,000, 100,000, but
21those residency requirements shall not allow residency outside
22of Illinois) and shall not include the following: i) residency
23requirements in municipalities with a population of at least
241,000,000 100,000; ii) the type of equipment, other than
25uniforms, issued or used; iii) manning; iv) the total number
26of employees employed by the department; v) mutual aid and

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1assistance agreements to other units of government; and vi)
2the criterion pursuant to which force, including deadly force,
3can be used; provided, nothing herein shall preclude an
4arbitration decision regarding equipment or manning levels if
5such decision is based on a finding that the equipment or
6manning considerations in a specific work assignment involve a
7serious risk to the safety of a peace officer beyond that which
8is inherent in the normal performance of police duties.
9Limitation of the terms of the arbitration decision pursuant
10to this subsection shall not be construed to limit the factors
11upon which the decision may be based, as set forth in
12subsection (h).
13 In the case of fire fighter, and fire department or fire
14district paramedic matters, the arbitration decision shall be
15limited to wages, hours, and conditions of employment
16(including manning and also including residency requirements
17in municipalities with a population under 1,000,000, but those
18residency requirements shall not allow residency outside of
19Illinois) and shall not include the following matters: i)
20residency requirements in municipalities with a population of
21at least 1,000,000; ii) the type of equipment (other than
22uniforms and fire fighter turnout gear) issued or used; iii)
23the total number of employees employed by the department; iv)
24mutual aid and assistance agreements to other units of
25government; and v) the criterion pursuant to which force,
26including deadly force, can be used; provided, however,

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1nothing herein shall preclude an arbitration decision
2regarding equipment levels if such decision is based on a
3finding that the equipment considerations in a specific work
4assignment involve a serious risk to the safety of a fire
5fighter beyond that which is inherent in the normal
6performance of fire fighter duties. Limitation of the terms of
7the arbitration decision pursuant to this subsection shall not
8be construed to limit the facts upon which the decision may be
9based, as set forth in subsection (h).
10 The changes to this subsection (i) made by Public Act
1190-385 (relating to residency requirements) do not apply to
12persons who are employed by a combined department that
13performs both police and firefighting services; these persons
14shall be governed by the provisions of this subsection (i)
15relating to peace officers, as they existed before the
16amendment by Public Act 90-385.
17 To preserve historical bargaining rights, this subsection
18shall not apply to any provision of a fire fighter collective
19bargaining agreement in effect and applicable on the effective
20date of this Act; provided, however, nothing herein shall
21preclude arbitration with respect to any such provision.
22 (j) Arbitration procedures shall be deemed to be initiated
23by the filing of a letter requesting mediation as required
24under subsection (a) of this Section. The commencement of a
25new municipal fiscal year after the initiation of arbitration
26procedures under this Act, but before the arbitration

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1decision, or its enforcement, shall not be deemed to render a
2dispute moot, or to otherwise impair the jurisdiction or
3authority of the arbitration panel or its decision. Increases
4in rates of compensation awarded by the arbitration panel may
5be effective only at the start of the fiscal year next
6commencing after the date of the arbitration award. If a new
7fiscal year has commenced either since the initiation of
8arbitration procedures under this Act or since any mutually
9agreed extension of the statutorily required period of
10mediation under this Act by the parties to the labor dispute
11causing a delay in the initiation of arbitration, the
12foregoing limitations shall be inapplicable, and such awarded
13increases may be retroactive to the commencement of the fiscal
14year, any other statute or charter provisions to the contrary,
15notwithstanding. At any time the parties, by stipulation, may
16amend or modify an award of arbitration.
17 (k) Orders of the arbitration panel shall be reviewable,
18upon appropriate petition by either the public employer or the
19exclusive bargaining representative, by the circuit court for
20the county in which the dispute arose or in which a majority of
21the affected employees reside, but only for reasons that the
22arbitration panel was without or exceeded its statutory
23authority; the order is arbitrary, or capricious; or the order
24was procured by fraud, collusion or other similar and unlawful
25means. Such petitions for review must be filed with the
26appropriate circuit court within 90 days following the

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1issuance of the arbitration order. The pendency of such
2proceeding for review shall not automatically stay the order
3of the arbitration panel. The party against whom the final
4decision of any such court shall be adverse, if such court
5finds such appeal or petition to be frivolous, shall pay
6reasonable attorneys' fees and costs to the successful party
7as determined by said court in its discretion. If said court's
8decision affirms the award of money, such award, if
9retroactive, shall bear interest at the rate of 12 percent per
10annum from the effective retroactive date.
11 (l) During the pendency of proceedings before the
12arbitration panel, existing wages, hours, and other conditions
13of employment shall not be changed by action of either party
14without the consent of the other but a party may so consent
15without prejudice to his rights or position under this Act.
16The proceedings are deemed to be pending before the
17arbitration panel upon the initiation of arbitration
18procedures under this Act.
19 (m) Security officers of public employers, and Peace
20Officers, Fire Fighters and fire department and fire
21protection district paramedics, covered by this Section may
22not withhold services, nor may public employers lock out or
23prevent such employees from performing services at any time.
24 (n) All of the terms decided upon by the arbitration panel
25shall be included in an agreement to be submitted to the public
26employer's governing body for ratification and adoption by

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1law, ordinance or the equivalent appropriate means.
2 The governing body shall review each term decided by the
3arbitration panel. If the governing body fails to reject one
4or more terms of the arbitration panel's decision by a 3/5 vote
5of those duly elected and qualified members of the governing
6body, within 20 days of issuance, or in the case of
7firefighters employed by a state university, at the next
8regularly scheduled meeting of the governing body after
9issuance, such term or terms shall become a part of the
10collective bargaining agreement of the parties. If the
11governing body affirmatively rejects one or more terms of the
12arbitration panel's decision, it must provide reasons for such
13rejection with respect to each term so rejected, within 20
14days of such rejection and the parties shall return to the
15arbitration panel for further proceedings and issuance of a
16supplemental decision with respect to the rejected terms. Any
17supplemental decision by an arbitration panel or other
18decision maker agreed to by the parties shall be submitted to
19the governing body for ratification and adoption in accordance
20with the procedures and voting requirements set forth in this
21Section. The voting requirements of this subsection shall
22apply to all disputes submitted to arbitration pursuant to
23this Section notwithstanding any contrary voting requirements
24contained in any existing collective bargaining agreement
25between the parties.
26 (o) If the governing body of the employer votes to reject

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1the panel's decision, the parties shall return to the panel
2within 30 days from the issuance of the reasons for rejection
3for further proceedings and issuance of a supplemental
4decision. All reasonable costs of such supplemental proceeding
5including the exclusive representative's reasonable attorney's
6fees, as established by the Board, shall be paid by the
7employer.
8 (p) Notwithstanding the provisions of this Section the
9employer and exclusive representative may agree to submit
10unresolved disputes concerning wages, hours, terms and
11conditions of employment to an alternative form of impasse
12resolution.
13 The amendatory changes to this Section made by Public Act
14101-652 take effect July 1, 2022.
15(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
16 Section 45. The Community-Law Enforcement and Other First
17Responder Partnership for Deflection and Substance Use
18Disorder Treatment Act is amended by changing Sections 1, 5,
1910, 15, 20, 30, and 35 as follows:
20 (5 ILCS 820/1)
21 Sec. 1. Short title. This Act may be cited as the
22Community-Law Enforcement Community Partnership for Deflection
23and Substance Use Disorder Treatment Act.
24(Source: P.A. 103-361, eff. 1-1-24.)

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1 (5 ILCS 820/5)
2 Sec. 5. Purposes. The General Assembly hereby acknowledges
3that opioid use disorders, overdoses, and deaths in Illinois
4are persistent and growing concerns for Illinois communities.
5These concerns compound existing challenges to adequately
6address and manage substance use and mental health disorders.
7Local government agencies, law enforcement officers, other
8first responders, and co-responders have a unique opportunity
9to facilitate connections to community-based services,
10including case management, and mental and behavioral health
11interventions that provide harm reduction or substance use
12treatment and can help save and restore lives; help reduce
13drug use, overdose incidence, criminal offending, and
14recidivism; and help prevent arrest and conviction records
15that destabilize health, families, and opportunities for
16community citizenship and self-sufficiency. These efforts are
17bolstered when pursued in partnership with licensed behavioral
18health treatment providers and community members or
19organizations. It is the intent of the General Assembly to
20authorize law enforcement, other first responders, and local
21government agencies to develop and implement collaborative
22deflection programs in Illinois that offer immediate pathways
23to substance use treatment and other services as an
24alternative to traditional case processing and involvement in
25the criminal justice system, and to unnecessary admission to

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1emergency departments.
2(Source: P.A. 103-361, eff. 1-1-24.)
3 (5 ILCS 820/10)
4 Sec. 10. Definitions. In this Act:
5 "Case management" means those services which use
6evidence-based practices, including harm reduction and
7motivational interviewing, to assist persons in gaining access
8to needed social, educational, medical, substance use and
9mental health treatment, and other services.
10 "Community member or organization" means an individual
11volunteer, resident, public office, or a not-for-profit
12organization, religious institution, charitable organization,
13or other public body committed to the improvement of
14individual and family mental and physical well-being and the
15overall social welfare of the community, and may include
16persons with lived experience in recovery from substance use
17disorder, either themselves or as family members.
18 "Other first responder" means and includes emergency
19medical services providers that are public units of
20government, fire departments and districts, and officials and
21responders representing and employed by these entities.
22 "Deflection program" means a program in which a peace
23officer or member of a law enforcement agency, other first
24responder, or local government agency facilitates contact
25between an individual and a licensed substance use treatment

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1provider, clinician, or case management agency for assessment
2and coordination of treatment planning, including co-responder
3approaches that incorporate behavioral health, peer, or social
4work professionals with law enforcement or other first
5responders at the scene. This facilitation includes defined
6criteria for eligibility and communication protocols agreed to
7by the law enforcement agency or other first responder entity
8and the licensed treatment provider or case management agency
9for the purpose of providing substance use treatment or care
10collaboration to those persons in lieu of arrest or further
11justice system involvement, or unnecessary admissions to the
12emergency department. Deflection programs may include, but are
13not limited to, the following types of responses:
14 (1) a post-overdose deflection response initiated by a
15 peace officer or law enforcement agency subsequent to
16 emergency administration of medication to reverse an
17 overdose, or in cases of severe substance use disorder
18 with acute risk for overdose;
19 (2) a self-referral deflection response initiated by
20 an individual by contacting a peace officer, law
21 enforcement agency, other first responder, or local
22 government agency in the acknowledgment of their substance
23 use or disorder;
24 (3) an active outreach deflection response initiated
25 by a peace officer, law enforcement agency, other first
26 responder, or local government agency as a result of

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1 proactive identification of persons thought likely to have
2 a substance use disorder or untreated or undiagnosed
3 mental illness;
4 (4) an officer, other first responder, or local
5 government agency prevention deflection response initiated
6 by a peace officer, law enforcement agency, or local
7 government agency in response to a community call when no
8 criminal charges are present;
9 (5) an officer intervention during routine activities,
10 such as patrol or response to a service call during which a
11 referral to treatment, to services, or to a case manager
12 is made in lieu of arrest.
13 "Harm reduction" means a reduction of, or attempt to
14reduce, the adverse consequences of substance use, including,
15but not limited to, by addressing the substance use and
16conditions that give rise to the substance use. "Harm
17reduction" includes, but is not limited to, syringe service
18programs, naloxone distribution, and public awareness
19campaigns about the Good Samaritan Act.
20 "Law enforcement agency" means a municipal police
21department or county sheriff's office of this State, the
22Illinois State Police, or other law enforcement agency whose
23officers, by statute, are granted and authorized to exercise
24powers similar to those conferred upon any peace officer
25employed by a law enforcement agency of this State.
26 "Licensed treatment provider" means an organization

HB4697- 24 -LRB103 35722 RLC 65802 b
1licensed by the Department of Human Services to perform an
2activity or service, or a coordinated range of those
3activities or services, as the Department of Human Services
4may establish by rule, such as the broad range of emergency,
5outpatient, intensive outpatient, and residential services and
6care, including assessment, diagnosis, case management,
7medical, psychiatric, psychological and social services,
8medication-assisted treatment, care and counseling, and
9recovery support, which may be extended to persons to assess
10or treat substance use disorder or to families of those
11persons.
12 "Local government agency" means a county, municipality, or
13township office, a State's Attorney's Office, a Public
14Defender's Office, or a local health department.
15 "Peace officer" means any peace officer or member of any
16duly organized State, county, or municipal peace officer unit,
17any police force of another State, or any police force whose
18members, by statute, are granted and authorized to exercise
19powers similar to those conferred upon any peace officer
20employed by a law enforcement agency of this State.
21 "Substance use disorder" means a pattern of use of alcohol
22or other drugs leading to clinical or functional impairment,
23in accordance with the definition in the Diagnostic and
24Statistical Manual of Mental Disorders (DSM-5), or in any
25subsequent editions.
26 "Treatment" means the broad range of emergency,

HB4697- 25 -LRB103 35722 RLC 65802 b
1outpatient, intensive outpatient, and residential services and
2care (including assessment, diagnosis, case management,
3medical, psychiatric, psychological and social services,
4medication-assisted treatment, care and counseling, and
5recovery support) which may be extended to persons who have
6substance use disorders, persons with mental illness, or
7families of those persons.
8(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
9103-361, eff. 1-1-24.)
10 (5 ILCS 820/15)
11 Sec. 15. Authorization.
12 (a) Any law enforcement agency, other first responder
13entity, or local government agency may establish a deflection
14program subject to the provisions of this Act in partnership
15with one or more licensed providers of substance use disorder
16treatment services and one or more community members or
17organizations. Programs established by another first responder
18entity or a local government agency shall also include a law
19enforcement agency.
20 (b) The deflection program may involve a post-overdose
21deflection response, a self-referral deflection response, a
22pre-arrest diversion response, an active outreach deflection
23response, an officer or other first responder prevention
24deflection response, or an officer intervention deflection
25response, or any combination of those.

HB4697- 26 -LRB103 35722 RLC 65802 b
1 (c) Nothing shall preclude the General Assembly from
2adding other responses to a deflection program, or preclude a
3law enforcement agency, other first responder entity, or local
4government agency from developing a deflection program
5response based on a model unique and responsive to local
6issues, substance use or mental health needs, and
7partnerships, using sound and promising or evidence-based
8practices.
9 (c-5) Whenever appropriate and available, case management
10should be provided by a licensed treatment provider or other
11appropriate provider and may include peer recovery support
12approaches.
13 (d) To receive funding for activities as described in
14Section 35 of this Act, planning for the deflection program
15shall include:
16 (1) the involvement of one or more licensed treatment
17 programs and one or more community members or
18 organizations; and
19 (2) an agreement with the Illinois Criminal Justice
20 Information Authority to collect and evaluate relevant
21 statistical data related to the program, as established by
22 the Illinois Criminal Justice Information Authority in
23 paragraph (2) of subsection (a) of Section 25 of this Act.
24 (3) an agreement with participating licensed treatment
25 providers authorizing the release of statistical data to
26 the Illinois Criminal Justice Information Authority, in

HB4697- 27 -LRB103 35722 RLC 65802 b
1 compliance with State and Federal law, as established by
2 the Illinois Criminal Justice Information Authority in
3 paragraph (2) of subsection (a) of Section 25 of this Act.
4(Source: P.A. 103-361, eff. 1-1-24.)
5 (5 ILCS 820/20)
6 Sec. 20. Procedure. The law enforcement agency, other
7first responder entity, local government agency, licensed
8treatment providers, and community members or organizations
9shall establish a local deflection program plan that includes
10protocols and procedures for participant identification,
11screening or assessment, case management, treatment
12facilitation, reporting, restorative justice, and ongoing
13involvement of the law enforcement agency. Licensed substance
14use disorder treatment organizations shall adhere to 42 CFR
15Part 2 regarding confidentiality regulations for information
16exchange or release. Substance use disorder treatment services
17shall adhere to all regulations specified in Department of
18Human Services Administrative Rules, Parts 2060 and 2090.
19 A deflection program organized and operating under this
20Act may accept, receive, and disburse, in furtherance of its
21duties and functions, any funds, grants, and services made
22available by the State and its agencies, the federal
23government and its agencies, units of local government, and
24private or civic sources.
25(Source: P.A. 103-361, eff. 1-1-24.)

HB4697- 28 -LRB103 35722 RLC 65802 b
1 (5 ILCS 820/30)
2 Sec. 30. Exemption from civil liability. The law
3enforcement agency, peace officer, other first responder, or
4local government agency or employee of the agency acting in
5good faith shall not, as the result of acts or omissions in
6providing services under Section 15 of this Act, be liable for
7civil damages, unless the acts or omissions constitute willful
8and wanton misconduct.
9(Source: P.A. 103-361, eff. 1-1-24.)
10 (5 ILCS 820/35)
11 Sec. 35. Funding.
12 (a) The General Assembly may appropriate funds to the
13Illinois Criminal Justice Information Authority for the
14purpose of funding law enforcement agencies, other first
15responder entities, or local government agencies for services
16provided by deflection program partners as part of deflection
17programs subject to subsection (d) of Section 15 of this Act.
18 (a.1) (Blank). Up to 10 percent of appropriated funds may
19be expended on activities related to knowledge dissemination,
20training, technical assistance, or other similar activities
21intended to increase practitioner and public awareness of
22deflection and/or to support its implementation. The Illinois
23Criminal Justice Information Authority may adopt guidelines
24and requirements to direct the distribution of funds for these

HB4697- 29 -LRB103 35722 RLC 65802 b
1activities.
2 (b) The For all appropriated funds not distributed under
3subsection (a.1), the Illinois Criminal Justice Information
4Authority may adopt guidelines and requirements to direct the
5distribution of funds for expenses related to deflection
6programs. Funding shall be made available to support both new
7and existing deflection programs in a broad spectrum of
8geographic regions in this State, including urban, suburban,
9and rural communities. Funding for deflection programs shall
10be prioritized for communities that have been impacted by the
11war on drugs, communities that have a police/community
12relations issue, and communities that have a disproportionate
13lack of access to mental health and drug treatment. Activities
14eligible for funding under this Act may include, but are not
15limited to, the following:
16 (1) activities related to program administration,
17 coordination, or management, including, but not limited
18 to, the development of collaborative partnerships with
19 licensed treatment providers and community members or
20 organizations; collection of program data; or monitoring
21 of compliance with a local deflection program plan;
22 (2) case management including case management provided
23 prior to assessment, diagnosis, and engagement in
24 treatment, as well as assistance navigating and gaining
25 access to various treatment modalities and support
26 services;

HB4697- 30 -LRB103 35722 RLC 65802 b
1 (3) peer recovery or recovery support services that
2 include the perspectives of persons with the experience of
3 recovering from a substance use disorder, either
4 themselves or as family members;
5 (4) transportation to a licensed treatment provider or
6 other program partner location;
7 (5) program evaluation activities;
8 (6) (blank); naloxone and related harm reduction
9 supplies necessary for carrying out overdose prevention
10 and reversal for purposes of distribution to program
11 participants or for use by law enforcement, other first
12 responders, or local government agencies;
13 (7) (blank); treatment necessary to prevent gaps in
14 service delivery between linkage and coverage by other
15 funding sources when otherwise non-reimbursable; and
16 (8) wraparound participant funds to be used to
17 incentivize participation and meet participant needs.
18 Eligible items include, but are not limited to, clothing,
19 transportation, application fees, emergency shelter,
20 utilities, toiletries, medical supplies, haircuts, and
21 snacks. Food and drink is allowed if it is necessary for
22 the program's success where it incentivizes participation
23 in case management or addresses an emergency need as a
24 bridge to self-sufficiency when other sources of emergency
25 food are not available.
26 (c) Specific linkage agreements with recovery support

HB4697- 31 -LRB103 35722 RLC 65802 b
1services or self-help entities may be a requirement of the
2program services protocols. All deflection programs shall
3encourage the involvement of key family members and
4significant others as a part of a family-based approach to
5treatment. All deflection programs are encouraged to use
6evidence-based practices and outcome measures in the provision
7of case management, substance use disorder treatment, and
8medication-assisted treatment for persons with opioid use
9disorders.
10(Source: P.A. 102-813, eff. 5-13-22; 103-361, eff. 1-1-24.)
11 (5 ILCS 820/21 rep.)
12 Section 50. The Community-Law Enforcement Partnership for
13Deflection and Substance Use Disorder Treatment Act is amended
14by repealing Section 21.
15 (15 ILCS 205/10 rep.)
16 Section 55. The Attorney General Act is amended by
17repealing Section 10.
18 Section 60. The Department of State Police Law of the
19Civil Administrative Code of Illinois is amended by changing
20Section 2605-302 as follows:
21 (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
22 Sec. 2605-302. Arrest reports.

HB4697- 32 -LRB103 35722 RLC 65802 b
1 (a) When an individual is arrested, the following
2information must be made available to the news media for
3inspection and copying:
4 (1) Information that identifies the individual,
5 including the name, age, address, and photograph, when and
6 if available.
7 (2) Information detailing any charges relating to the
8 arrest.
9 (3) The time and location of the arrest.
10 (4) The name of the investigating or arresting law
11 enforcement agency.
12 (5) (Blank).
13 (5.1) If the individual is incarcerated, the amount of
14 any bail or bond.
15 (6) If the individual is incarcerated, the time and
16 date that the individual was received, discharged, or
17 transferred from the arresting agency's custody.
18 (b) The information required by this Section must be made
19available to the news media for inspection and copying as soon
20as practicable, but in no event shall the time period exceed 72
21hours from the arrest. The information described in items (3),
22(4), (5), and (6) of subsection (a), however, may be withheld
23if it is determined that disclosure would (i) interfere with
24pending or actually and reasonably contemplated law
25enforcement proceedings conducted by any law enforcement or
26correctional agency; (ii) endanger the life or physical safety

HB4697- 33 -LRB103 35722 RLC 65802 b
1of law enforcement or correctional personnel or any other
2person; or (iii) compromise the security of any correctional
3facility.
4 (c) For the purposes of this Section, the term "news
5media" means personnel of a newspaper or other periodical
6issued at regular intervals whether in print or electronic
7format, a news service whether in print or electronic format,
8a radio station, a television station, a television network, a
9community antenna television service, or a person or
10corporation engaged in making news reels or other motion
11picture news for public showing.
12 (d) Each law enforcement or correctional agency may charge
13fees for arrest records, but in no instance may the fee exceed
14the actual cost of copying and reproduction. The fees may not
15include the cost of the labor used to reproduce the arrest
16record.
17 (e) The provisions of this Section do not supersede the
18confidentiality provisions for arrest records of the Juvenile
19Court Act of 1987.
20(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
21 Section 65. The State Police Act is amended by changing
22Section 14 as follows:
23 (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
24 Sec. 14. Except as is otherwise provided in this Act, no

HB4697- 34 -LRB103 35722 RLC 65802 b
1Illinois State Police officer shall be removed, demoted, or
2suspended except for cause, upon written charges filed with
3the Board by the Director and a hearing before the Board
4thereon upon not less than 10 days' notice at a place to be
5designated by the chairman thereof. At such hearing, the
6accused shall be afforded full opportunity to be heard in his
7or her own defense and to produce proof in his or her defense.
8Anyone It shall not be a requirement of a person filing a
9complaint against a State Police officer must to have the a
10complaint supported by a sworn affidavit. Any such complaint,
11having been supported by a sworn affidavit, and having been
12found, in total or in part, to contain false information,
13shall be presented to the appropriate State's Attorney for a
14determination of prosecution or any other legal documentation.
15This ban on an affidavit requirement shall apply to any
16collective bargaining agreements entered after the effective
17date of this provision.
18 Before any such officer may be interrogated or examined by
19or before the Board, or by an Illinois State Police agent or
20investigator specifically assigned to conduct an internal
21investigation, the results of which hearing, interrogation, or
22examination may be the basis for filing charges seeking his or
23her suspension for more than 15 days or his or her removal or
24discharge, he or she shall be advised in writing as to what
25specific improper or illegal act he or she is alleged to have
26committed; he or she shall be advised in writing that his or

HB4697- 35 -LRB103 35722 RLC 65802 b
1her admissions made in the course of the hearing,
2interrogation, or examination may be used as the basis for
3charges seeking his or her suspension, removal, or discharge;
4and he or she shall be advised in writing that he or she has a
5right to counsel of his or her choosing, who may be present to
6advise him or her at any hearing, interrogation, or
7examination. A complete record of any hearing, interrogation,
8or examination shall be made, and a complete transcript or
9electronic recording thereof shall be made available to such
10officer without charge and without delay.
11 The Board shall have the power to secure by its subpoena
12both the attendance and testimony of witnesses and the
13production of books and papers in support of the charges and
14for the defense. Each member of the Board or a designated
15hearing officer shall have the power to administer oaths or
16affirmations. If the charges against an accused are
17established by a preponderance of evidence, the Board shall
18make a finding of guilty and order either removal, demotion,
19suspension for a period of not more than 180 days, or such
20other disciplinary punishment as may be prescribed by the
21rules and regulations of the Board which, in the opinion of the
22members thereof, the offense merits. Thereupon the Director
23shall direct such removal or other punishment as ordered by
24the Board and if the accused refuses to abide by any such
25disciplinary order, the Director shall remove him or her
26forthwith.

HB4697- 36 -LRB103 35722 RLC 65802 b
1 If the accused is found not guilty or has served a period
2of suspension greater than prescribed by the Board, the Board
3shall order that the officer receive compensation for the
4period involved. The award of compensation shall include
5interest at the rate of 7% per annum.
6 The Board may include in its order appropriate sanctions
7based upon the Board's rules and regulations. If the Board
8finds that a party has made allegations or denials without
9reasonable cause or has engaged in frivolous litigation for
10the purpose of delay or needless increase in the cost of
11litigation, it may order that party to pay the other party's
12reasonable expenses, including costs and reasonable attorney's
13fees. The State of Illinois and the Illinois State Police
14shall be subject to these sanctions in the same manner as other
15parties.
16 In case of the neglect or refusal of any person to obey a
17subpoena issued by the Board, any circuit court, upon
18application of any member of the Board, may order such person
19to appear before the Board and give testimony or produce
20evidence, and any failure to obey such order is punishable by
21the court as a contempt thereof.
22 The provisions of the Administrative Review Law, and all
23amendments and modifications thereof, and the rules adopted
24pursuant thereto, shall apply to and govern all proceedings
25for the judicial review of any order of the Board rendered
26pursuant to the provisions of this Section.

HB4697- 37 -LRB103 35722 RLC 65802 b
1 Notwithstanding the provisions of this Section, a policy
2making officer, as defined in the Employee Rights Violation
3Act, of the Illinois State Police shall be discharged from the
4Illinois State Police as provided in the Employee Rights
5Violation Act, enacted by the 85th General Assembly.
6(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
7102-813, eff. 5-13-22.)
8 (20 ILCS 2610/17c rep.)
9 Section 70. The State Police Act is amended by repealing
10Section 17c.
11 (20 ILCS 3930/7.7 rep.)
12 (20 ILCS 3930/7.8 rep.)
13 Section 75. The Illinois Criminal Justice Information Act
14is amended by repealing Sections 7.7 and 7.8.
15 (30 ILCS 105/5.990 rep.)
16 Section 80. The State Finance Act is amended by repealing
17Section 5.990 as added by Public Act 102-1104.
18 (50 ILCS 105/4.1 rep.)
19 Section 85. The Public Officer Prohibited Activities Act
20is amended by repealing Section 4.1.
21 Section 90. The Local Records Act is amended by changing

HB4697- 38 -LRB103 35722 RLC 65802 b
1Section 3b as follows:
2 (50 ILCS 205/3b)
3 Sec. 3b. Arrest records and reports.
4 (a) When an individual is arrested, the following
5information must be made available to the news media for
6inspection and copying:
7 (1) Information that identifies the individual,
8 including the name, age, address, and photograph, when and
9 if available.
10 (2) Information detailing any charges relating to the
11 arrest.
12 (3) The time and location of the arrest.
13 (4) The name of the investigating or arresting law
14 enforcement agency.
15 (5) (Blank).
16 (5.1) If the individual is incarcerated, the amount of
17 any bail or bond.
18 (6) If the individual is incarcerated, the time and
19 date that the individual was received, discharged, or
20 transferred from the arresting agency's custody.
21 (b) The information required by this Section must be made
22available to the news media for inspection and copying as soon
23as practicable, but in no event shall the time period exceed 72
24hours from the arrest. The information described in paragraphs
25(3), (4), (5), and (6) of subsection (a), however, may be

HB4697- 39 -LRB103 35722 RLC 65802 b
1withheld if it is determined that disclosure would:
2 (1) interfere with pending or actually and reasonably
3 contemplated law enforcement proceedings conducted by any
4 law enforcement or correctional agency;
5 (2) endanger the life or physical safety of law
6 enforcement or correctional personnel or any other person;
7 or
8 (3) compromise the security of any correctional
9 facility.
10 (c) For the purposes of this Section the term "news media"
11means personnel of a newspaper or other periodical issued at
12regular intervals whether in print or electronic format, a
13news service whether in print or electronic format, a radio
14station, a television station, a television network, a
15community antenna television service, or a person or
16corporation engaged in making news reels or other motion
17picture news for public showing.
18 (d) Each law enforcement or correctional agency may charge
19fees for arrest records, but in no instance may the fee exceed
20the actual cost of copying and reproduction. The fees may not
21include the cost of the labor used to reproduce the arrest
22record.
23 (e) The provisions of this Section do not supersede the
24confidentiality provisions for arrest records of the Juvenile
25Court Act of 1987.
26 (f) All information, including photographs, made available

HB4697- 40 -LRB103 35722 RLC 65802 b
1under this Section is subject to the provisions of Section
22QQQ of the Consumer Fraud and Deceptive Business Practices
3Act.
4(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
5 (50 ILCS 205/25 rep.)
6 Section 95. The Local Records Act is amended by repealing
7Section 25.
8 Section 100. The Illinois Police Training Act is amended
9by changing Sections 6.2 and 10.17 as follows:
10 (50 ILCS 705/6.2)
11 Sec. 6.2. Officer professional conduct database. In order
12to ensure the continuing effectiveness of this Section, it is
13set forth in full and reenacted by this amendatory Act of the
14102nd General Assembly. This reenactment is intended as a
15continuation of this Section. This reenactment is not intended
16to supersede any amendment to this Section that may be made by
17any other Public Act of the 102nd General Assembly.
18 (a) All law enforcement agencies shall notify the Board of
19any final determination of willful violation of department or
20agency policy, official misconduct, or violation of law when:
21 (1) the officer is discharged or dismissed as a result
22 of the violation; or
23 (2) the officer resigns during the course of an

HB4697- 41 -LRB103 35722 RLC 65802 b
1 investigation and after the officer has been served notice
2 that he or she is under investigation that is based on the
3 commission of a Class 2 or greater any felony or sex
4 offense.
5 The agency shall report to the Board within 30 days of a
6final decision of discharge or dismissal and final exhaustion
7of any appeal, or resignation, and shall provide information
8regarding the nature of the violation.
9 (b) Upon receiving notification from a law enforcement
10agency, the Board must notify the law enforcement officer of
11the report and his or her right to provide a statement
12regarding the reported violation.
13 (c) The Board shall maintain a database readily available
14to any chief administrative officer, or his or her designee,
15of a law enforcement agency or any State's Attorney that shall
16show each reported instance, including the name of the
17officer, the nature of the violation, reason for the final
18decision of discharge or dismissal, and any statement provided
19by the officer.
20(Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 101-652,
21Article 25, Section 25-45, eff. 1-1-22; 102-694, eff. 1-7-22.
22Reenacted and changed by 102-694, eff. 1-7-22.)
23 (50 ILCS 705/10.17)
24 Sec. 10.17. Crisis intervention team training; mental
25health awareness training.

HB4697- 42 -LRB103 35722 RLC 65802 b
1 (a) The Illinois Law Enforcement Training Standards Board
2shall develop and approve a standard curriculum for certified
3training programs in crisis intervention, including a
4specialty certification course of at least 40 hours,
5addressing specialized policing responses to people with
6mental illnesses. The Board shall conduct Crisis Intervention
7Team (CIT) training programs that train officers to identify
8signs and symptoms of mental illness, to de-escalate
9situations involving individuals who appear to have a mental
10illness, and connect that person in crisis to treatment.
11Crisis Intervention Team (CIT) training programs shall be a
12collaboration between law enforcement professionals, mental
13health providers, families, and consumer advocates and must
14minimally include the following components: (1) basic
15information about mental illnesses and how to recognize them;
16(2) information about mental health laws and resources; (3)
17learning from family members of individuals with mental
18illness and their experiences; and (4) verbal de-escalation
19training and role-plays. Officers who have successfully
20completed this program shall be issued a certificate attesting
21to their attendance of a Crisis Intervention Team (CIT)
22training program.
23 (b) The Board shall create an introductory course
24incorporating adult learning models that provides law
25enforcement officers with an awareness of mental health issues
26including a history of the mental health system, types of

HB4697- 43 -LRB103 35722 RLC 65802 b
1mental health illness including signs and symptoms of mental
2illness and common treatments and medications, and the
3potential interactions law enforcement officers may have on a
4regular basis with these individuals, their families, and
5service providers including de-escalating a potential crisis
6situation. This course, in addition to other traditional
7learning settings, may be made available in an electronic
8format.
9 The amendatory changes to this Section made by Public Act
10101-652 shall take effect January 1, 2022.
11(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
12 (50 ILCS 705/10.6 rep.)
13 Section 105. The Illinois Police Training Act is amended
14by repealing Section 10.6.
15 Section 110. The Law Enforcement Officer-Worn Body Camera
16Act is amended by changing Sections 10-10, 10-15, 10-20, and
1710-25 as follows:
18 (50 ILCS 706/10-10)
19 Sec. 10-10. Definitions. As used in this Act:
20 "Badge" means an officer's department issued
21identification number associated with his or her position as a
22police officer with that department.
23 "Board" means the Illinois Law Enforcement Training

HB4697- 44 -LRB103 35722 RLC 65802 b
1Standards Board created by the Illinois Police Training Act.
2 "Business offense" means a petty offense for which the
3fine is in excess of $1,000.
4 "Community caretaking function" means a task undertaken by
5a law enforcement officer in which the officer is performing
6an articulable act unrelated to the investigation of a crime.
7"Community caretaking function" includes, but is not limited
8to, participating in town halls or other community outreach,
9helping a child find his or her parents, providing death
10notifications, and performing in-home or hospital well-being
11checks on the sick, elderly, or persons presumed missing.
12"Community caretaking function" excludes law
13enforcement-related encounters or activities.
14 "Fund" means the Law Enforcement Camera Grant Fund.
15 "In uniform" means a law enforcement officer who is
16wearing any officially authorized uniform designated by a law
17enforcement agency, or a law enforcement officer who is
18visibly wearing articles of clothing, a badge, tactical gear,
19gun belt, a patch, or other insignia that he or she is a law
20enforcement officer acting in the course of his or her duties.
21 "Law enforcement officer" or "officer" means any person
22employed by a State, county, municipality, special district,
23college, unit of government, or any other entity authorized by
24law to employ peace officers or exercise police authority and
25who is primarily responsible for the prevention or detection
26of crime and the enforcement of the laws of this State.

HB4697- 45 -LRB103 35722 RLC 65802 b
1 "Law enforcement agency" means all State agencies with law
2enforcement officers, county sheriff's offices, municipal,
3special district, college, or unit of local government police
4departments.
5 "Law enforcement-related encounters or activities"
6include, but are not limited to, traffic stops, pedestrian
7stops, arrests, searches, interrogations, investigations,
8pursuits, crowd control, traffic control, non-community
9caretaking interactions with an individual while on patrol, or
10any other instance in which the officer is enforcing the laws
11of the municipality, county, or State. "Law
12enforcement-related encounter or activities" does not include
13when the officer is completing paperwork alone, is
14participating in training in a classroom setting, or is only
15in the presence of another law enforcement officer.
16 "Minor traffic offense" means a petty offense, business
17offense, or Class C misdemeanor under the Illinois Vehicle
18Code or a similar provision of a municipal or local ordinance.
19 "Officer-worn body camera" means an electronic camera
20system for creating, generating, sending, receiving, storing,
21displaying, and processing audiovisual recordings that may be
22worn about the person of a law enforcement officer.
23 "Peace officer" has the meaning provided in Section 2-13
24of the Criminal Code of 2012.
25 "Petty offense" means any offense for which a sentence of
26imprisonment is not an authorized disposition.

HB4697- 46 -LRB103 35722 RLC 65802 b
1 "Recording" means the process of capturing data or
2information stored on a recording medium as required under
3this Act.
4 "Recording medium" means any recording medium authorized
5by the Board for the retention and playback of recorded audio
6and video including, but not limited to, VHS, DVD, hard drive,
7cloud storage, solid state, digital, flash memory technology,
8or any other electronic medium.
9(Source: P.A. 102-1104, eff. 12-6-22.)
10 (50 ILCS 706/10-15)
11 Sec. 10-15. Applicability. Any law enforcement agency
12which employs the use of officer-worn body cameras is subject
13to the provisions of this Act, whether or not the agency
14receives or has received monies from the Law Enforcement
15Camera Grant Fund. (a) All law enforcement agencies must
16employ the use of officer-worn body cameras in accordance with
17the provisions of this Act, whether or not the agency receives
18or has received monies from the Law Enforcement Camera Grant
19Fund.
20 (b) Except as provided in subsection (b-5), all law
21enforcement agencies must implement the use of body cameras
22for all law enforcement officers, according to the following
23schedule:
24 (1) for municipalities and counties with populations
25 of 500,000 or more, body cameras shall be implemented by

HB4697- 47 -LRB103 35722 RLC 65802 b
1 January 1, 2022;
2 (2) for municipalities and counties with populations
3 of 100,000 or more but under 500,000, body cameras shall
4 be implemented by January 1, 2023;
5 (3) for municipalities and counties with populations
6 of 50,000 or more but under 100,000, body cameras shall be
7 implemented by January 1, 2024;
8 (4) for municipalities and counties under 50,000, body
9 cameras shall be implemented by January 1, 2025; and
10 (5) for all State agencies with law enforcement
11 officers and other remaining law enforcement agencies,
12 body cameras shall be implemented by January 1, 2025.
13 (b-5) If a law enforcement agency that serves a
14municipality with a population of at least 100,000 but not
15more than 500,000 or a law enforcement agency that serves a
16county with a population of at least 100,000 but not more than
17500,000 has ordered by October 1, 2022 or purchased by that
18date officer-worn body cameras for use by the law enforcement
19agency, then the law enforcement agency may implement the use
20of body cameras for all of its law enforcement officers by no
21later than July 1, 2023. Records of purchase within this
22timeline shall be submitted to the Illinois Law Enforcement
23Training Standards Board by January 1, 2023.
24 (c) A law enforcement agency's compliance with the
25requirements under this Section shall receive preference by
26the Illinois Law Enforcement Training Standards Board in

HB4697- 48 -LRB103 35722 RLC 65802 b
1awarding grant funding under the Law Enforcement Camera Grant
2Act.
3 (d) This Section does not apply to court security
4officers, State's Attorney investigators, and Attorney General
5investigators.
6(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
7102-1104, eff. 12-6-22.)
8 (50 ILCS 706/10-20)
9 Sec. 10-20. Requirements.
10 (a) The Board shall develop basic guidelines for the use
11of officer-worn body cameras by law enforcement agencies. The
12guidelines developed by the Board shall be the basis for the
13written policy which must be adopted by each law enforcement
14agency which employs the use of officer-worn body cameras. The
15written policy adopted by the law enforcement agency must
16include, at a minimum, all of the following:
17 (1) Cameras must be equipped with pre-event recording,
18 capable of recording at least the 30 seconds prior to
19 camera activation, unless the officer-worn body camera was
20 purchased and acquired by the law enforcement agency prior
21 to July 1, 2015.
22 (2) Cameras must be capable of recording for a period
23 of 10 hours or more, unless the officer-worn body camera
24 was purchased and acquired by the law enforcement agency
25 prior to July 1, 2015.

HB4697- 49 -LRB103 35722 RLC 65802 b
1 (3) Cameras must be turned on at all times when the
2 officer is in uniform and is responding to calls for
3 service or engaged in any law enforcement-related
4 encounter or activity, that occurs while the officer is on
5 duty.
6 (A) If exigent circumstances exist which prevent
7 the camera from being turned on, the camera must be
8 turned on as soon as practicable.
9 (B) Officer-worn body cameras may be turned off
10 when the officer is inside of a patrol car which is
11 equipped with a functioning in-car camera; however,
12 the officer must turn on the camera upon exiting the
13 patrol vehicle for law enforcement-related encounters.
14 (C) Officer-worn body cameras may be turned off
15 when the officer is inside a correctional facility or
16 courthouse which is equipped with a functioning camera
17 system.
18 (4) Cameras must be turned off when:
19 (A) the victim of a crime requests that the camera
20 be turned off, and unless impractical or impossible,
21 that request is made on the recording;
22 (B) a witness of a crime or a community member who
23 wishes to report a crime requests that the camera be
24 turned off, and unless impractical or impossible that
25 request is made on the recording;
26 (C) the officer is interacting with a confidential

HB4697- 50 -LRB103 35722 RLC 65802 b
1 informant used by the law enforcement agency; or
2 (D) an officer of the Department of Revenue enters
3 a Department of Revenue facility or conducts an
4 interview during which return information will be
5 discussed or visible.
6 However, an officer may continue to record or resume
7 recording a victim or a witness, if exigent circumstances
8 exist, or if the officer has reasonable articulable
9 suspicion that a victim or witness, or confidential
10 informant has committed or is in the process of committing
11 a crime. Under these circumstances, and unless impractical
12 or impossible, the officer must indicate on the recording
13 the reason for continuing to record despite the request of
14 the victim or witness.
15 (4.5) Cameras may be turned off when the officer is
16 engaged in community caretaking functions. However, the
17 camera must be turned on when the officer has reason to
18 believe that the person on whose behalf the officer is
19 performing a community caretaking function has committed
20 or is in the process of committing a crime. If exigent
21 circumstances exist which prevent the camera from being
22 turned on, the camera must be turned on as soon as
23 practicable.
24 (5) The officer must provide notice of recording to
25 any person if the person has a reasonable expectation of
26 privacy and proof of notice must be evident in the

HB4697- 51 -LRB103 35722 RLC 65802 b
1 recording. If exigent circumstances exist which prevent
2 the officer from providing notice, notice must be provided
3 as soon as practicable.
4 (6) (A) For the purposes of redaction, labeling, or
5 duplicating recordings, access to camera recordings shall
6 be restricted to only those personnel responsible for
7 those purposes. The recording officer or his or her
8 supervisor may not redact, label, duplicate, or otherwise
9 alter the recording officer's camera recordings. Except as
10 otherwise provided in this Section, the recording officer
11 and his or her supervisor may access and review recordings
12 prior to completing incident reports or other
13 documentation, provided that the officer or his or her
14 supervisor discloses that fact in the report or
15 documentation.
16 (i) A law enforcement officer shall not have
17 access to or review his or her body-worn camera
18 recordings or the body-worn camera recordings of
19 another officer prior to completing incident reports
20 or other documentation when the officer:
21 (a) has been involved in or is a witness to an
22 officer-involved shooting, use of deadly force
23 incident, or use of force incidents resulting in
24 great bodily harm;
25 (b) is ordered to write a report in response
26 to or during the investigation of a misconduct

HB4697- 52 -LRB103 35722 RLC 65802 b
1 complaint against the officer.
2 (ii) If the officer subject to subparagraph (i)
3 prepares a report, any report shall be prepared
4 without viewing body-worn camera recordings, and
5 subject to supervisor's approval, officers may file
6 amendatory reports after viewing body-worn camera
7 recordings. Supplemental reports under this provision
8 shall also contain documentation regarding access to
9 the video footage.
10 (B) The recording officer's assigned field
11 training officer may access and review recordings for
12 training purposes. Any detective or investigator
13 directly involved in the investigation of a matter may
14 access and review recordings which pertain to that
15 investigation but may not have access to delete or
16 alter such recordings.
17 (7) Recordings made on officer-worn cameras must be
18 retained by the law enforcement agency or by the camera
19 vendor used by the agency, on a recording medium for a
20 period of 90 days.
21 (A) Under no circumstances shall any recording,
22 except for a non-law enforcement related activity or
23 encounter, made with an officer-worn body camera be
24 altered, erased, or destroyed prior to the expiration
25 of the 90-day storage period. In the event any
26 recording made with an officer-worn body camera is

HB4697- 53 -LRB103 35722 RLC 65802 b
1 altered, erased, or destroyed prior to the expiration
2 of the 90-day storage period, the law enforcement
3 agency shall maintain, for a period of one year, a
4 written record including (i) the name of the
5 individual who made such alteration, erasure, or
6 destruction, and (ii) the reason for any such
7 alteration, erasure, or destruction.
8 (B) Following the 90-day storage period, any and
9 all recordings made with an officer-worn body camera
10 must be destroyed, unless any encounter captured on
11 the recording has been flagged. An encounter is deemed
12 to be flagged when:
13 (i) a formal or informal complaint has been
14 filed;
15 (ii) the officer discharged his or her firearm
16 or used force during the encounter;
17 (iii) death or great bodily harm occurred to
18 any person in the recording;
19 (iv) the encounter resulted in a detention or
20 an arrest, excluding traffic stops which resulted
21 in only a minor traffic offense or business
22 offense;
23 (v) the officer is the subject of an internal
24 investigation or otherwise being investigated for
25 possible misconduct;
26 (vi) the supervisor of the officer,

HB4697- 54 -LRB103 35722 RLC 65802 b
1 prosecutor, defendant, or court determines that
2 the encounter has evidentiary value in a criminal
3 prosecution; or
4 (vii) the recording officer requests that the
5 video be flagged for official purposes related to
6 his or her official duties or believes it may have
7 evidentiary value in a criminal prosecution.
8 (C) Under no circumstances shall any recording
9 made with an officer-worn body camera relating to a
10 flagged encounter be altered or destroyed prior to 2
11 years after the recording was flagged. If the flagged
12 recording was used in a criminal, civil, or
13 administrative proceeding, the recording shall not be
14 destroyed except upon a final disposition and order
15 from the court.
16 (D) Nothing in this Act prohibits law enforcement
17 agencies from labeling officer-worn body camera video
18 within the recording medium; provided that the
19 labeling does not alter the actual recording of the
20 incident captured on the officer-worn body camera. The
21 labels, titles, and tags shall not be construed as
22 altering the officer-worn body camera video in any
23 way.
24 (8) Following the 90-day storage period, recordings
25 may be retained if a supervisor at the law enforcement
26 agency designates the recording for training purposes. If

HB4697- 55 -LRB103 35722 RLC 65802 b
1 the recording is designated for training purposes, the
2 recordings may be viewed by officers, in the presence of a
3 supervisor or training instructor, for the purposes of
4 instruction, training, or ensuring compliance with agency
5 policies.
6 (9) Recordings shall not be used to discipline law
7 enforcement officers unless:
8 (A) a formal or informal complaint of misconduct
9 has been made;
10 (B) a use of force incident has occurred;
11 (C) the encounter on the recording could result in
12 a formal investigation under the Uniform Peace
13 Officers' Disciplinary Act; or
14 (D) as corroboration of other evidence of
15 misconduct.
16 Nothing in this paragraph (9) shall be construed to
17 limit or prohibit a law enforcement officer from being
18 subject to an action that does not amount to discipline.
19 (10) The law enforcement agency shall ensure proper
20 care and maintenance of officer-worn body cameras. Upon
21 becoming aware, officers must as soon as practical
22 document and notify the appropriate supervisor of any
23 technical difficulties, failures, or problems with the
24 officer-worn body camera or associated equipment. Upon
25 receiving notice, the appropriate supervisor shall make
26 every reasonable effort to correct and repair any of the

HB4697- 56 -LRB103 35722 RLC 65802 b
1 officer-worn body camera equipment.
2 (11) No officer may hinder or prohibit any person, not
3 a law enforcement officer, from recording a law
4 enforcement officer in the performance of his or her
5 duties in a public place or when the officer has no
6 reasonable expectation of privacy. The law enforcement
7 agency's written policy shall indicate the potential
8 criminal penalties, as well as any departmental
9 discipline, which may result from unlawful confiscation or
10 destruction of the recording medium of a person who is not
11 a law enforcement officer. However, an officer may take
12 reasonable action to maintain safety and control, secure
13 crime scenes and accident sites, protect the integrity and
14 confidentiality of investigations, and protect the public
15 safety and order.
16 (b) Recordings made with the use of an officer-worn body
17camera are not subject to disclosure under the Freedom of
18Information Act, except that:
19 (1) if the subject of the encounter has a reasonable
20 expectation of privacy, at the time of the recording, any
21 recording which is flagged, due to the filing of a
22 complaint, discharge of a firearm, use of force, arrest or
23 detention, or resulting death or bodily harm, shall be
24 disclosed in accordance with the Freedom of Information
25 Act if:
26 (A) the subject of the encounter captured on the

HB4697- 57 -LRB103 35722 RLC 65802 b
1 recording is a victim or witness; and
2 (B) the law enforcement agency obtains written
3 permission of the subject or the subject's legal
4 representative;
5 (2) except as provided in paragraph (1) of this
6 subsection (b), any recording which is flagged due to the
7 filing of a complaint, discharge of a firearm, use of
8 force, arrest or detention, or resulting death or bodily
9 harm shall be disclosed in accordance with the Freedom of
10 Information Act; and
11 (3) upon request, the law enforcement agency shall
12 disclose, in accordance with the Freedom of Information
13 Act, the recording to the subject of the encounter
14 captured on the recording or to the subject's attorney, or
15 the officer or his or her legal representative.
16 For the purposes of paragraph (1) of this subsection (b),
17the subject of the encounter does not have a reasonable
18expectation of privacy if the subject was arrested as a result
19of the encounter. For purposes of subparagraph (A) of
20paragraph (1) of this subsection (b), "witness" does not
21include a person who is a victim or who was arrested as a
22result of the encounter.
23 Only recordings or portions of recordings responsive to
24the request shall be available for inspection or reproduction.
25Any recording disclosed under the Freedom of Information Act
26shall be redacted to remove identification of any person that

HB4697- 58 -LRB103 35722 RLC 65802 b
1appears on the recording and is not the officer, a subject of
2the encounter, or directly involved in the encounter. Nothing
3in this subsection (b) shall require the disclosure of any
4recording or portion of any recording which would be exempt
5from disclosure under the Freedom of Information Act.
6 (c) Nothing in this Section shall limit access to a camera
7recording for the purposes of complying with Supreme Court
8rules or the rules of evidence.
9(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
10102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff.
1112-6-22.)
12 (50 ILCS 706/10-25)
13 Sec. 10-25. Reporting.
14 (a) Each law enforcement agency which employs the use of
15officer-worn body cameras must provide an annual report on the
16use of officer-worn body cameras to the Board, on or before May
171 of the year. The report shall include:
18 (1) a brief overview of the makeup of the agency,
19 including the number of officers utilizing officer-worn
20 body cameras;
21 (2) the number of officer-worn body cameras utilized
22 by the law enforcement agency;
23 (3) any technical issues with the equipment and how
24 those issues were remedied;
25 (4) a brief description of the review process used by

HB4697- 59 -LRB103 35722 RLC 65802 b
1 supervisors within the law enforcement agency;
2 (5) (blank); and
3 (5.1) for each recording used in prosecutions of
4 conservation, criminal, or traffic offenses or municipal
5 ordinance violations:
6 (A) the time, date, location, and precinct of the
7 incident; and
8 (B) the offense charged and the date charges were
9 filed; and
10 (6) any other information relevant to the
11 administration of the program.
12 (b) On or before July 30 of each year, the Board must
13analyze the law enforcement agency reports and provide an
14annual report to the General Assembly and the Governor.
15(Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)
16 Section 115. The Law Enforcement Camera Grant Act is
17amended by changing Section 10 as follows:
18 (50 ILCS 707/10)
19 Sec. 10. Law Enforcement Camera Grant Fund; creation,
20rules.
21 (a) The Law Enforcement Camera Grant Fund is created as a
22special fund in the State treasury. From appropriations to the
23Board from the Fund, the Board must make grants to units of
24local government in Illinois and Illinois public universities

HB4697- 60 -LRB103 35722 RLC 65802 b
1for the purpose of (1) purchasing in-car video cameras for use
2in law enforcement vehicles, (2) purchasing officer-worn body
3cameras and associated technology for law enforcement
4officers, and (3) training for law enforcement officers in the
5operation of the cameras. Grants under this Section may be
6used to offset data storage costs for officer-worn body
7cameras.
8 Moneys received for the purposes of this Section,
9including, without limitation, fee receipts and gifts, grants,
10and awards from any public or private entity, must be
11deposited into the Fund. Any interest earned on moneys in the
12Fund must be deposited into the Fund.
13 (b) The Board may set requirements for the distribution of
14grant moneys and determine which law enforcement agencies are
15eligible.
16 (b-5) The Board shall consider compliance with the Uniform
17Crime Reporting Act as a factor in awarding grant moneys.
18 (c) (Blank).
19 (d) (Blank).
20 (e) (Blank).
21 (f) (Blank).
22 (g) (Blank).
23 (h) (Blank).
24(Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.)
25 Section 120. The Uniform Crime Reporting Act is amended by

HB4697- 61 -LRB103 35722 RLC 65802 b
1changing Sections 5-10, 5-12, and 5-20 as follows:
2 (50 ILCS 709/5-10)
3 Sec. 5-10. Central repository of crime statistics. The
4Illinois State Police shall be a central repository and
5custodian of crime statistics for the State and shall have all
6the power necessary to carry out the purposes of this Act,
7including the power to demand and receive cooperation in the
8submission of crime statistics from all law enforcement
9agencies. All data and information provided to the Illinois
10State Police under this Act must be provided in a manner and
11form prescribed by the Illinois State Police. On an annual
12basis, the Illinois State Police shall make available
13compilations of crime statistics and monthly reporting
14required to be reported by each law enforcement agency.
15(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
16102-813, eff. 5-13-22.)
17 (50 ILCS 709/5-12)
18 Sec. 5-12. Monthly reporting. All law enforcement agencies
19shall submit to the Illinois State Police on a monthly basis
20the following:
21 (1) beginning January 1, 2016, a report on any
22 arrest-related death that shall include information
23 regarding the deceased, the officer, any weapon used by
24 the officer or the deceased, and the circumstances of the

HB4697- 62 -LRB103 35722 RLC 65802 b
1 incident. The Illinois State Police shall submit on a
2 quarterly basis all information collected under this
3 paragraph (1) to the Illinois Criminal Justice Information
4 Authority, contingent upon updated federal guidelines
5 regarding the Uniform Crime Reporting Program;
6 (2) beginning January 1, 2017, a report on any
7 instance when a law enforcement officer discharges his or
8 her firearm causing a non-fatal injury to a person, during
9 the performance of his or her official duties or in the
10 line of duty;
11 (3) a report of incident-based information on hate
12 crimes including information describing the offense,
13 location of the offense, type of victim, offender, and
14 bias motivation. If no hate crime incidents occurred
15 during a reporting month, the law enforcement agency must
16 submit a no incident record, as required by the Illinois
17 State Police;
18 (4) a report on any incident of an alleged commission
19 of a domestic crime, that shall include information
20 regarding the victim, offender, date and time of the
21 incident, any injury inflicted, any weapons involved in
22 the commission of the offense, and the relationship
23 between the victim and the offender;
24 (5) data on an index of offenses selected by the
25 Illinois State Police based on the seriousness of the
26 offense, frequency of occurrence of the offense, and

HB4697- 63 -LRB103 35722 RLC 65802 b
1 likelihood of being reported to law enforcement. The data
2 shall include the number of index crime offenses committed
3 and number of associated arrests; and
4 (6) data on offenses and incidents reported by schools
5 to local law enforcement. The data shall include offenses
6 defined as an attack against school personnel,
7 intimidation offenses, drug incidents, and incidents
8 involving weapons. ;
9 (7) beginning on July 1, 2021, a report on incidents
10 where a law enforcement officer was dispatched to deal
11 with a person experiencing a mental health crisis or
12 incident. The report shall include the number of
13 incidents, the level of law enforcement response and the
14 outcome of each incident. For purposes of this Section, a
15 "mental health crisis" is when a person's behavior puts
16 them at risk of hurting themselves or others or prevents
17 them from being able to care for themselves;
18 (8) beginning on July 1, 2021, a report on use of
19 force, including any action that resulted in the death or
20 serious bodily injury of a person or the discharge of a
21 firearm at or in the direction of a person. The report
22 shall include information required by the Illinois State
23 Police, pursuant to Section 5-11 of this Act.
24(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
25102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

HB4697- 64 -LRB103 35722 RLC 65802 b
1 (50 ILCS 709/5-20)
2 Sec. 5-20. Reporting compliance. The Illinois State Police
3shall annually report to the Illinois Law Enforcement Training
4Standards Board and the Department of Revenue any law
5enforcement agency not in compliance with the reporting
6requirements under this Act. A law enforcement agency's
7compliance with the reporting requirements under this Act
8shall be a factor considered by the Illinois Law Enforcement
9Training Standards Board in awarding grant funding under the
10Law Enforcement Camera Grant Act, with preference to law
11enforcement agencies which are in compliance with reporting
12requirements under this Act.
13(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
14102-813, eff. 5-13-22.)
15 (50 ILCS 709/5-11 rep.)
16 Section 125. The Uniform Crime Reporting Act is amended by
17repealing Section 5-11.
18 Section 130. The Uniform Peace Officers' Disciplinary Act
19is amended by changing Sections 3.2, 3.4, and 3.8 as follows:
20 (50 ILCS 725/3.2) (from Ch. 85, par. 2555)
21 Sec. 3.2. No officer shall be subjected to interrogation
22without first being informed in writing of the nature of the
23investigation. If an administrative proceeding is instituted,

HB4697- 65 -LRB103 35722 RLC 65802 b
1the officer shall be informed beforehand of the names of all
2complainants. The information shall be sufficient as to
3reasonably apprise the officer of the nature of the
4investigation.
5(Source: P.A. 101-652, eff. 7-1-21.)
6 (50 ILCS 725/3.4) (from Ch. 85, par. 2557)
7 Sec. 3.4. The officer under investigation shall be
8informed in writing of the name, rank and unit or command of
9the officer in charge of the investigation, the interrogators,
10and all persons who will be present on the behalf of the
11employer during any interrogation except at a public
12administrative proceeding. The officer under investigation
13shall inform the employer of any person who will be present on
14his or her behalf during any interrogation except at a public
15administrative hearing.
16(Source: P.A. 101-652, eff. 7-1-21.)
17 (50 ILCS 725/3.8) (from Ch. 85, par. 2561)
18 Sec. 3.8. Admissions; counsel; verified complaint.
19 (a) No officer shall be interrogated without first being
20advised in writing that admissions made in the course of the
21interrogation may be used as evidence of misconduct or as the
22basis for charges seeking suspension, removal, or discharge;
23and without first being advised in writing that he or she has
24the right to counsel of his or her choosing who may be present

HB4697- 66 -LRB103 35722 RLC 65802 b
1to advise him or her at any stage of any interrogation.
2 (b) Anyone It shall not be a requirement for a person
3filing a complaint against a sworn peace officer must to have
4the complaint supported by a sworn affidavit. Any complaint,
5having been supported by a sworn affidavit, and having been
6found, in total or in part, to contain knowingly false
7material information, shall be presented to the appropriate
8State's Attorney for a determination of prosecution. or any
9other legal documentation. This ban on an affidavit
10requirement shall apply to any collective bargaining
11agreements entered after the effective date of this provision.
12(Source: P.A. 101-652, eff. 7-1-21.)
13 Section 140. The Uniform Peace Officers' Disciplinary Act
14is amended by adding Section 6.1 as follows:
15 (50 ILCS 725/6.1 new)
16 Sec. 6.1. Applicability. Except as otherwise provided in
17this Act, the provisions of this Act apply only to the extent
18there is no collective bargaining agreement currently in
19effect dealing with the subject matter of this Act.
20 (50 ILCS 727/1-35 rep.)
21 Section 145. The Police and Community Relations
22Improvement Act is amended by repealing Section 1-35.

HB4697- 67 -LRB103 35722 RLC 65802 b
1 Section 150. The Counties Code is amended by changing
2Sections 4-5001, 4-12001, and 4-12001.1 as follows:
3 (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
4 Sec. 4-5001. Sheriffs; counties of first and second class.
5The fees of sheriffs in counties of the first and second class,
6except when increased by county ordinance under this Section,
7shall be as follows:
8 For serving or attempting to serve summons on each
9defendant in each county, $10.
10 For serving or attempting to serve an order or judgment
11granting injunctive relief in each county, $10.
12 For serving or attempting to serve each garnishee in each
13county, $10.
14 For serving or attempting to serve an order for replevin
15in each county, $10.
16 For serving or attempting to serve an order for attachment
17on each defendant in each county, $10.
18 For serving or attempting to serve a warrant of arrest,
19$8, to be paid upon conviction.
20 For returning a defendant from outside the State of
21Illinois, upon conviction, the court shall assess, as court
22costs, the cost of returning a defendant to the jurisdiction.
23 For taking special bail, $1 in each county.
24 For serving or attempting to serve a subpoena on each
25witness, in each county, $10.

HB4697- 68 -LRB103 35722 RLC 65802 b
1 For advertising property for sale, $5.
2 For returning each process, in each county, $5.
3 Mileage for each mile of necessary travel to serve any
4such process as Stated above, calculating from the place of
5holding court to the place of residence of the defendant, or
6witness, 50¢ each way.
7 For summoning each juror, $3 with 30¢ mileage each way in
8all counties.
9 For serving or attempting to serve notice of judgments or
10levying to enforce a judgment, $3 with 50¢ mileage each way in
11all counties.
12 For taking possession of and removing property levied on,
13the officer shall be allowed to tax the actual cost of such
14possession or removal.
15 For feeding each prisoner, such compensation to cover the
16actual cost as may be fixed by the county board, but such
17compensation shall not be considered a part of the fees of the
18office.
19 For attending before a court with prisoner, on an order
20for habeas corpus, in each county, $10 per day.
21 For attending before a court with a prisoner in any
22criminal proceeding, in each county, $10 per day.
23 For each mile of necessary travel in taking such prisoner
24before the court as stated above, 15¢ a mile each way.
25 For serving or attempting to serve an order or judgment
26for the possession of real estate in an action of ejectment or

HB4697- 69 -LRB103 35722 RLC 65802 b
1in any other action, or for restitution in an eviction action
2without aid, $10 and when aid is necessary, the sheriff shall
3be allowed to tax in addition the actual costs thereof, and for
4each mile of necessary travel, 50¢ each way.
5 For executing and acknowledging a deed of sale of real
6estate, in counties of first class, $4; second class, $4.
7 For preparing, executing and acknowledging a deed on
8redemption from a court sale of real estate in counties of
9first class, $5; second class, $5.
10 For making certificates of sale, and making and filing
11duplicate, in counties of first class, $3; in counties of the
12second class, $3.
13 For making certificate of redemption, $3.
14 For certificate of levy and filing, $3, and the fee for
15recording shall be advanced by the judgment creditor and
16charged as costs.
17 For taking all civil bonds on legal process, civil and
18criminal, in counties of first class, $1; in second class, $1.
19 For executing copies in criminal cases, $4 and mileage for
20each mile of necessary travel, 20¢ each way.
21 For executing requisitions from other states, $5.
22 For conveying each prisoner from the prisoner's own county
23to the jail of another county, or from another county to the
24jail of the prisoner's county, per mile, for going, only, 30¢.
25 For conveying persons to the penitentiary, reformatories,
26Illinois State Training School for Boys, Illinois State

HB4697- 70 -LRB103 35722 RLC 65802 b
1Training School for Girls and Reception Centers, the following
2fees, payable out of the State treasury. For each person who is
3conveyed, 35¢ per mile in going only to the penitentiary,
4reformatory, Illinois State Training School for Boys, Illinois
5State Training School for Girls and Reception Centers, from
6the place of conviction.
7 The fees provided for transporting persons to the
8penitentiary, reformatories, Illinois State Training School
9for Boys, Illinois State Training School for Girls and
10Reception Centers shall be paid for each trip so made. Mileage
11as used in this Section means the shortest practical route,
12between the place from which the person is to be transported,
13to the penitentiary, reformatories, Illinois State Training
14School for Boys, Illinois State Training School for Girls and
15Reception Centers and all fees per mile shall be computed on
16such basis.
17 For conveying any person to or from any of the charitable
18institutions of the State, when properly committed by
19competent authority, when one person is conveyed, 35¢ per
20mile; when two persons are conveyed at the same time, 35¢ per
21mile for the first person and 20¢ per mile for the second
22person; and 10¢ per mile for each additional person.
23 For conveying a person from the penitentiary to the county
24jail when required by law, 35¢ per mile.
25 For attending Supreme Court, $10 per day.
26 In addition to the above fees there shall be allowed to the

HB4697- 71 -LRB103 35722 RLC 65802 b
1sheriff a fee of $600 for the sale of real estate which is made
2by virtue of any judgment of a court, except that in the case
3of a sale of unimproved real estate which sells for $10,000 or
4less, the fee shall be $150. In addition to this fee and all
5other fees provided by this Section, there shall be allowed to
6the sheriff a fee in accordance with the following schedule
7for the sale of personal estate which is made by virtue of any
8judgment of a court:
9 For judgments up to $1,000, $75;
10 For judgments from $1,001 to $15,000, $150;
11 For judgments over $15,000, $300.
12 The foregoing fees allowed by this Section are the maximum
13fees that may be collected from any officer, agency,
14department or other instrumentality of the State. The county
15board may, however, by ordinance, increase the fees allowed by
16this Section and collect those increased fees from all persons
17and entities other than officers, agencies, departments and
18other instrumentalities of the State if the increase is
19justified by an acceptable cost study showing that the fees
20allowed by this Section are not sufficient to cover the costs
21of providing the service. A statement of the costs of
22providing each service, program and activity shall be prepared
23by the county board. All supporting documents shall be public
24records and subject to public examination and audit. All
25direct and indirect costs, as defined in the United States
26Office of Management and Budget Circular A-87, may be included

HB4697- 72 -LRB103 35722 RLC 65802 b
1in the determination of the costs of each service, program and
2activity.
3 In all cases where the judgment is settled by the parties,
4replevied, stopped by injunction or paid, or where the
5property levied upon is not actually sold, the sheriff shall
6be allowed his fee for levying and mileage, together with half
7the fee for all money collected by him which he would be
8entitled to if the same was made by sale to enforce the
9judgment. In no case shall the fee exceed the amount of money
10arising from the sale.
11 The fee requirements of this Section do not apply to
12police departments or other law enforcement agencies. For the
13purposes of this Section, "law enforcement agency" means an
14agency of the State or unit of local government which is vested
15by law or ordinance with the duty to maintain public order and
16to enforce criminal laws.
17(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18;
18101-652, eff. 1-1-23.)
19 (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
20 Sec. 4-12001. Fees of sheriff in third class counties. The
21officers herein named, in counties of the third class, shall
22be entitled to receive the fees herein specified, for the
23services mentioned and such other fees as may be provided by
24law for such other services not herein designated.
25Fees for Sheriff

HB4697- 73 -LRB103 35722 RLC 65802 b
1 For serving or attempting to serve any summons on each
2defendant, $35.
3 For serving or attempting to serve each alias summons or
4other process mileage will be charged as hereinafter provided
5when the address for service differs from the address for
6service on the original summons or other process.
7 For serving or attempting to serve all other process, on
8each defendant, $35.
9 For serving or attempting to serve a subpoena on each
10witness, $35.
11 For serving or attempting to serve each warrant, $35.
12 For serving or attempting to serve each garnishee, $35.
13 For summoning each juror, $10.
14 For serving or attempting to serve each order or judgment
15for replevin, $35.
16 For serving or attempting to serve an order for
17attachment, on each defendant, $35.
18 For serving or attempting to serve an order or judgment
19for the possession of real estate in an action of ejectment or
20in any other action, or for restitution in an eviction action,
21without aid, $35, and when aid is necessary, the sheriff shall
22be allowed to tax in addition the actual costs thereof.
23 For serving or attempting to serve notice of judgment,
24$35.
25 For levying to satisfy an order in an action for
26attachment, $25.

HB4697- 74 -LRB103 35722 RLC 65802 b
1 For executing order of court to seize personal property,
2$25.
3 For making certificate of levy on real estate and filing
4or recording same, $8, and the fee for filing or recording
5shall be advanced by the plaintiff in attachment or by the
6judgment creditor and taxed as costs. For taking possession of
7or removing property levied on, the sheriff shall be allowed
8to tax the necessary actual costs of such possession or
9removal.
10 For advertising property for sale, $20.
11 For making certificate of sale and making and filing
12duplicate for record, $15, and the fee for recording same
13shall be advanced by the judgment creditor and taxed as costs.
14 For preparing, executing and acknowledging deed on
15redemption from a court sale of real estate, $15; for
16preparing, executing and acknowledging all other deeds on sale
17of real estate, $10.
18 For making and filing certificate of redemption, $15, and
19the fee for recording same shall be advanced by party making
20the redemption and taxed as costs.
21 For making and filing certificate of redemption from a
22court sale, $11, and the fee for recording same shall be
23advanced by the party making the redemption and taxed as
24costs.
25 For taking all bonds on legal process, $10.
26 For taking special bail, $5.

HB4697- 75 -LRB103 35722 RLC 65802 b
1 For returning each process, $15.
2 Mileage for service or attempted service of all process is
3a $10 flat fee.
4 For attending before a court with a prisoner on an order
5for habeas corpus, $9 per day.
6 For executing requisitions from other States, $13.
7 For conveying each prisoner from the prisoner's county to
8the jail of another county, per mile for going only, 25¢.
9 For committing to or discharging each prisoner from jail,
10$3.
11 For feeding each prisoner, such compensation to cover
12actual costs as may be fixed by the county board, but such
13compensation shall not be considered a part of the fees of the
14office.
15 For committing each prisoner to jail under the laws of the
16United States, to be paid by the marshal or other person
17requiring his confinement, $3.
18 For feeding such prisoners per day, $3, to be paid by the
19marshal or other person requiring the prisoner's confinement.
20 For discharging such prisoners, $3.
21 For conveying persons to the penitentiary, reformatories,
22Illinois State Training School for Boys, Illinois State
23Training School for Girls, Reception Centers and Illinois
24Security Hospital, the following fees, payable out of the
25State Treasury. When one person is conveyed, 20¢ per mile in
26going to the penitentiary, reformatories, Illinois State

HB4697- 76 -LRB103 35722 RLC 65802 b
1Training School for Boys, Illinois State Training School for
2Girls, Reception Centers and Illinois Security Hospital from
3the place of conviction; when 2 persons are conveyed at the
4same time, 20¢ per mile for the first and 15¢ per mile for the
5second person; when more than 2 persons are conveyed at the
6same time as Stated above, the sheriff shall be allowed 20¢ per
7mile for the first, 15¢ per mile for the second and 10¢ per
8mile for each additional person.
9 The fees provided for herein for transporting persons to
10the penitentiary, reformatories, Illinois State Training
11School for Boys, Illinois State Training School for Girls,
12Reception Centers and Illinois Security Hospital, shall be
13paid for each trip so made. Mileage as used in this Section
14means the shortest route on a hard surfaced road, (either
15State Bond Issue Route or Federal highways) or railroad,
16whichever is shorter, between the place from which the person
17is to be transported, to the penitentiary, reformatories,
18Illinois State Training School for Boys, Illinois State
19Training School for Girls, Reception Centers and Illinois
20Security Hospital, and all fees per mile shall be computed on
21such basis.
22 In addition to the above fees, there shall be allowed to
23the sheriff a fee of $900 for the sale of real estate which
24shall be made by virtue of any judgment of a court. In addition
25to this fee and all other fees provided by this Section, there
26shall be allowed to the sheriff a fee in accordance with the

HB4697- 77 -LRB103 35722 RLC 65802 b
1following schedule for the sale of personal estate which is
2made by virtue of any judgment of a court:
3 For judgments up to $1,000, $100;
4 For judgments over $1,000 to $15,000, $300;
5 For judgments over $15,000, $500.
6 In all cases where the judgment is settled by the parties,
7replevied, stopped by injunction or paid, or where the
8property levied upon is not actually sold, the sheriff shall
9be allowed the fee for levying and mileage, together with half
10the fee for all money collected by him or her which he or she
11would be entitled to if the same were made by sale in the
12enforcement of a judgment. In no case shall the fee exceed the
13amount of money arising from the sale.
14 The fee requirements of this Section do not apply to
15police departments or other law enforcement agencies. For the
16purposes of this Section, "law enforcement agency" means an
17agency of the State or unit of local government which is vested
18by law or ordinance with the duty to maintain public order and
19to enforce criminal laws or ordinances.
20 The fee requirements of this Section do not apply to units
21of local government or school districts.
22(Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)
23 (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
24 Sec. 4-12001.1. Fees of sheriff in third class counties;
25local governments and school districts. The officers herein

HB4697- 78 -LRB103 35722 RLC 65802 b
1named, in counties of the third class, shall be entitled to
2receive the fees herein specified from all units of local
3government and school districts, for the services mentioned
4and such other fees as may be provided by law for such other
5services not herein designated.
6Fees for Sheriff
7 For serving or attempting to serve any summons on each
8defendant, $25.
9 For serving or attempting to serve each alias summons or
10other process mileage will be charged as hereinafter provided
11when the address for service differs from the address for
12service on the original summons or other process.
13 For serving or attempting to serve all other process, on
14each defendant, $25.
15 For serving or attempting to serve a subpoena on each
16witness, $25.
17 For serving or attempting to serve each warrant, $25.
18 For serving or attempting to serve each garnishee, $25.
19 For summoning each juror, $4.
20 For serving or attempting to serve each order or judgment
21for replevin, $25.
22 For serving or attempting to serve an order for
23attachment, on each defendant, $25.
24 For serving or attempting to serve an order or judgment
25for the possession of real estate in an action of ejectment or
26in any other action, or for restitution in an eviction action,

HB4697- 79 -LRB103 35722 RLC 65802 b
1without aid, $9, and when aid is necessary, the sheriff shall
2be allowed to tax in addition the actual costs thereof.
3 For serving or attempting to serve notice of judgment,
4$25.
5 For levying to satisfy an order in an action for
6attachment, $25.
7 For executing order of court to seize personal property,
8$25.
9 For making certificate of levy on real estate and filing
10or recording same, $3, and the fee for filing or recording
11shall be advanced by the plaintiff in attachment or by the
12judgment creditor and taxed as costs. For taking possession of
13or removing property levied on, the sheriff shall be allowed
14to tax the necessary actual costs of such possession or
15removal.
16 For advertising property for sale, $3.
17 For making certificate of sale and making and filing
18duplicate for record, $3, and the fee for recording same shall
19be advanced by the judgment creditor and taxed as costs.
20 For preparing, executing and acknowledging deed on
21redemption from a court sale of real estate, $6; for
22preparing, executing and acknowledging all other deeds on sale
23of real estate, $4.
24 For making and filing certificate of redemption, $3.50,
25and the fee for recording same shall be advanced by party
26making the redemption and taxed as costs.

HB4697- 80 -LRB103 35722 RLC 65802 b
1 For making and filing certificate of redemption from a
2court sale, $4.50, and the fee for recording same shall be
3advanced by the party making the redemption and taxed as
4costs.
5 For taking all bonds on legal process, $2.
6 For taking special bail, $2.
7 For returning each process, $5.
8 Mileage for service or attempted service of all process is
9a $10 flat fee.
10 For attending before a court with a prisoner on an order
11for habeas corpus, $3.50 per day.
12 For executing requisitions from other States, $5.
13 For conveying each prisoner from the prisoner's county to
14the jail of another county, per mile for going only, 25¢.
15 For committing to or discharging each prisoner from jail,
16$1.
17 For feeding each prisoner, such compensation to cover
18actual costs as may be fixed by the county board, but such
19compensation shall not be considered a part of the fees of the
20office.
21 For committing each prisoner to jail under the laws of the
22United States, to be paid by the marshal or other person
23requiring his confinement, $1.
24 For feeding such prisoners per day, $1, to be paid by the
25marshal or other person requiring the prisoner's confinement.
26 For discharging such prisoners, $1.

HB4697- 81 -LRB103 35722 RLC 65802 b
1 For conveying persons to the penitentiary, reformatories,
2Illinois State Training School for Boys, Illinois State
3Training School for Girls, Reception Centers and Illinois
4Security Hospital, the following fees, payable out of the
5State Treasury. When one person is conveyed, 15¢ per mile in
6going to the penitentiary, reformatories, Illinois State
7Training School for Boys, Illinois State Training School for
8Girls, Reception Centers and Illinois Security Hospital from
9the place of conviction; when 2 persons are conveyed at the
10same time, 15¢ per mile for the first and 10¢ per mile for the
11second person; when more than 2 persons are conveyed at the
12same time as stated above, the sheriff shall be allowed 15¢ per
13mile for the first, 10¢ per mile for the second and 5¢ per mile
14for each additional person.
15 The fees provided for herein for transporting persons to
16the penitentiary, reformatories, Illinois State Training
17School for Boys, Illinois State Training School for Girls,
18Reception Centers and Illinois Security Hospital, shall be
19paid for each trip so made. Mileage as used in this Section
20means the shortest route on a hard surfaced road, (either
21State Bond Issue Route or Federal highways) or railroad,
22whichever is shorter, between the place from which the person
23is to be transported, to the penitentiary, reformatories,
24Illinois State Training School for Boys, Illinois State
25Training School for Girls, Reception Centers and Illinois
26Security Hospital, and all fees per mile shall be computed on

HB4697- 82 -LRB103 35722 RLC 65802 b
1such basis.
2 In addition to the above fees, there shall be allowed to
3the sheriff a fee of $600 for the sale of real estate which
4shall be made by virtue of any judgment of a court. In addition
5to this fee and all other fees provided by this Section, there
6shall be allowed to the sheriff a fee in accordance with the
7following schedule for the sale of personal estate which is
8made by virtue of any judgment of a court:
9 For judgments up to $1,000, $90;
10 For judgments over $1,000 to $15,000, $275;
11 For judgments over $15,000, $400.
12 In all cases where the judgment is settled by the parties,
13replevied, stopped by injunction or paid, or where the
14property levied upon is not actually sold, the sheriff shall
15be allowed the fee for levying and mileage, together with half
16the fee for all money collected by him or her which he or she
17would be entitled to if the same were made by sale in the
18enforcement of a judgment. In no case shall the fee exceed the
19amount of money arising from the sale.
20 All fees collected under Sections 4-12001 and 4-12001.1
21must be used for public safety purposes only.
22(Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)
23 (55 ILCS 5/3-4014 rep.)
24 (55 ILCS 5/3-6041 rep.)
25 Section 155. The Counties Code is amended by repealing

HB4697- 83 -LRB103 35722 RLC 65802 b
1Sections 3-4014 and 3-6041.
2 (65 ILCS 5/11-5.1-2 rep.)
3 Section 160. The Illinois Municipal Code is amended by
4repealing Section 11-5.1-2.
5 Section 165. The Illinois Municipal Code is amended by
6adding Section 1-2-12.2 as follows:
7 (65 ILCS 5/1-2-12.2 new)
8 Sec. 1-2-12.2. Municipal bond fees. A municipality may
9impose a fee up to $20 for bail processing against any person
10arrested for violating a bailable municipal ordinance or a
11State or federal law.
12 Section 170. The Campus Security Enhancement Act of 2008
13is amended by changing Section 15 as follows:
14 (110 ILCS 12/15)
15 Sec. 15. Arrest reports.
16 (a) When an individual is arrested, the following
17information must be made available to the news media for
18inspection and copying:
19 (1) Information that identifies the individual,
20 including the name, age, address, and photograph, when and
21 if available.

HB4697- 84 -LRB103 35722 RLC 65802 b
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) (Blank).
7 (5.1) If the individual is incarcerated, the amount of
8 any bail or bond.
9 (6) If the individual is incarcerated, the time and
10 date that the individual was received, discharged, or
11 transferred from the arresting agency's custody.
12 (b) The information required by this Section must be made
13available to the news media for inspection and copying as soon
14as practicable, but in no event shall the time period exceed 72
15hours from the arrest. The information described in paragraphs
16(3), (4), (5), and (6) of subsection (a), however, may be
17withheld if it is determined that disclosure would:
18 (1) interfere with pending or actually and reasonably
19 contemplated law enforcement proceedings conducted by any
20 law enforcement or correctional agency;
21 (2) endanger the life or physical safety of law
22 enforcement or correctional personnel or any other person;
23 or
24 (3) compromise the security of any correctional
25 facility.
26 (c) For the purposes of this Section the term "news media"

HB4697- 85 -LRB103 35722 RLC 65802 b
1means personnel of a newspaper or other periodical issued at
2regular intervals whether in print or electronic format, a
3news service whether in print or electronic format, a radio
4station, a television station, a television network, a
5community antenna television service, or a person or
6corporation engaged in making news reels or other motion
7picture news for public showing.
8 (d) Each law enforcement or correctional agency may charge
9fees for arrest records, but in no instance may the fee exceed
10the actual cost of copying and reproduction. The fees may not
11include the cost of the labor used to reproduce the arrest
12record.
13 (e) The provisions of this Section do not supersede the
14confidentiality provisions for arrest records of the Juvenile
15Court Act of 1987.
16(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
17 Section 180. The Illinois Insurance Code is amended by
18changing Sections 143.19, 143.19.1, and 205 as follows:
19 (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
20 Sec. 143.19. Cancellation of automobile insurance policy;
21grounds. After a policy of automobile insurance as defined in
22Section 143.13(a) has been effective for 60 days, or if such
23policy is a renewal policy, the insurer shall not exercise its
24option to cancel such policy except for one or more of the

HB4697- 86 -LRB103 35722 RLC 65802 b
1following reasons:
2 a. Nonpayment of premium;
3 b. The policy was obtained through a material
4 misrepresentation;
5 c. Any insured violated any of the terms and
6 conditions of the policy;
7 d. The named insured failed to disclose fully his
8 motor vehicle crashes and moving traffic violations for
9 the preceding 36 months if called for in the application;
10 e. Any insured made a false or fraudulent claim or
11 knowingly aided or abetted another in the presentation of
12 such a claim;
13 f. The named insured or any other operator who either
14 resides in the same household or customarily operates an
15 automobile insured under such policy:
16 1. has, within the 12 months prior to the notice of
17 cancellation, had his driver's license under
18 suspension or revocation;
19 2. is or becomes subject to epilepsy or heart
20 attacks, and such individual does not produce a
21 certificate from a physician testifying to his
22 unqualified ability to operate a motor vehicle safely;
23 3. has a crash record, conviction record (criminal
24 or traffic), physical, or mental condition which is
25 such that his operation of an automobile might
26 endanger the public safety;

HB4697- 87 -LRB103 35722 RLC 65802 b
1 4. has, within the 36 months prior to the notice of
2 cancellation, been addicted to the use of narcotics or
3 other drugs; or
4 5. has been convicted, or forfeited bail had
5 pretrial release revoked, during the 36 months
6 immediately preceding the notice of cancellation, for
7 any felony, criminal negligence resulting in death,
8 homicide or assault arising out of the operation of a
9 motor vehicle, operating a motor vehicle while in an
10 intoxicated condition or while under the influence of
11 drugs, being intoxicated while in, or about, an
12 automobile or while having custody of an automobile,
13 leaving the scene of a crash without stopping to
14 report, theft or unlawful taking of a motor vehicle,
15 making false statements in an application for an
16 operator's or chauffeur's license or has been
17 convicted or forfeited bail pretrial release has been
18 revoked for 3 or more violations within the 12 months
19 immediately preceding the notice of cancellation, of
20 any law, ordinance, or regulation limiting the speed
21 of motor vehicles or any of the provisions of the motor
22 vehicle laws of any state, violation of which
23 constitutes a misdemeanor, whether or not the
24 violations were repetitions of the same offense or
25 different offenses;
26 g. The insured automobile is:

HB4697- 88 -LRB103 35722 RLC 65802 b
1 1. so mechanically defective that its operation
2 might endanger public safety;
3 2. used in carrying passengers for hire or
4 compensation (the use of an automobile for a car pool
5 shall not be considered use of an automobile for hire
6 or compensation);
7 3. used in the business of transportation of
8 flammables or explosives;
9 4. an authorized emergency vehicle;
10 5. changed in shape or condition during the policy
11 period so as to increase the risk substantially; or
12 6. subject to an inspection law and has not been
13 inspected or, if inspected, has failed to qualify.
14 Nothing in this Section shall apply to nonrenewal.
15(Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23;
16102-1104, eff. 1-1-23.)
17 (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
18 Sec. 143.19.1. Limits on exercise of right of nonrenewal.
19After a policy of automobile insurance, as defined in Section
20143.13, has been effective or renewed for 5 or more years, the
21company shall not exercise its right of non-renewal unless:
22 a. The policy was obtained through a material
23 misrepresentation; or
24 b. Any insured violated any of the terms and
25 conditions of the policy; or

HB4697- 89 -LRB103 35722 RLC 65802 b
1 c. The named insured failed to disclose fully his
2 motor vehicle crashes and moving traffic violations for
3 the preceding 36 months, if such information is called for
4 in the application; or
5 d. Any insured made a false or fraudulent claim or
6 knowingly aided or abetted another in the presentation of
7 such a claim; or
8 e. The named insured or any other operator who either
9 resides in the same household or customarily operates an
10 automobile insured under such a policy:
11 1. Has, within the 12 months prior to the notice of
12 non-renewal had his driver's drivers license under
13 suspension or revocation; or
14 2. Is or becomes subject to epilepsy or heart
15 attacks, and such individual does not produce a
16 certificate from a physician testifying to his
17 unqualified ability to operate a motor vehicle safely;
18 or
19 3. Has a crash record, conviction record (criminal
20 or traffic), or a physical or mental condition which
21 is such that his operation of an automobile might
22 endanger the public safety; or
23 4. Has, within the 36 months prior to the notice of
24 non-renewal, been addicted to the use of narcotics or
25 other drugs; or
26 5. Has been convicted or forfeited bail pretrial

HB4697- 90 -LRB103 35722 RLC 65802 b
1 release has been revoked, during the 36 months
2 immediately preceding the notice of non-renewal, for
3 any felony, criminal negligence resulting in death,
4 homicide or assault arising out of the operation of a
5 motor vehicle, operating a motor vehicle while in an
6 intoxicated condition or while under the influence of
7 drugs, being intoxicated while in or about an
8 automobile or while having custody of an automobile,
9 leaving the scene of a crash without stopping to
10 report, theft or unlawful taking of a motor vehicle,
11 making false statements in an application for an
12 operators or chauffeurs license, or has been convicted
13 or forfeited bail pretrial release has been revoked
14 for 3 or more violations within the 12 months
15 immediately preceding the notice of non-renewal, of
16 any law, ordinance or regulation limiting the speed of
17 motor vehicles or any of the provisions of the motor
18 vehicle laws of any state, violation of which
19 constitutes a misdemeanor, whether or not the
20 violations were repetitions of the same offense or
21 different offenses; or
22 f. The insured automobile is:
23 1. So mechanically defective that its operation
24 might endanger public safety; or
25 2. Used in carrying passengers for hire or
26 compensation (the use of an automobile for a car pool

HB4697- 91 -LRB103 35722 RLC 65802 b
1 shall not be considered use of an automobile for hire
2 or compensation); or
3 3. Used in the business of transportation of
4 flammables or explosives; or
5 4. An authorized emergency vehicle; or
6 5. Changed in shape or condition during the policy
7 period so as to increase the risk substantially; or
8 6. Subject to an inspection law and it has not been
9 inspected or, if inspected, has failed to qualify; or
10 g. The notice of the intention not to renew is mailed
11 to the insured at least 60 days before the date of
12 nonrenewal as provided in Section 143.17.
13(Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23.)
14 (215 ILCS 5/205) (from Ch. 73, par. 817)
15 Sec. 205. Priority of distribution of general assets.
16 (1) The priorities of distribution of general assets from
17the company's estate is to be as follows:
18 (a) The costs and expenses of administration,
19 including, but not limited to, the following:
20 (i) The reasonable expenses of the Illinois
21 Insurance Guaranty Fund, the Illinois Life and Health
22 Insurance Guaranty Association, and the Illinois
23 Health Maintenance Organization Guaranty Association
24 and of any similar organization in any other state,
25 including overhead, salaries, and other general

HB4697- 92 -LRB103 35722 RLC 65802 b
1 administrative expenses allocable to the receivership
2 (administrative and claims handling expenses and
3 expenses in connection with arrangements for ongoing
4 coverage), but excluding expenses incurred in the
5 performance of duties under Section 547 or similar
6 duties under the statute governing a similar
7 organization in another state. For property and
8 casualty insurance guaranty associations that guaranty
9 certain obligations of any member company as defined
10 by Section 534.5, expenses shall include, but not be
11 limited to, loss adjustment expenses, which shall
12 include adjusting and other expenses and defense and
13 cost containment expenses. The expenses of such
14 property and casualty guaranty associations, including
15 the Illinois Insurance Guaranty Fund, shall be
16 reimbursed as prescribed by Section 545, but shall be
17 subordinate to all other costs and expenses of
18 administration, including the expenses reimbursed
19 pursuant to subparagraph (ii) of this paragraph (a).
20 (ii) The expenses expressly approved or ratified
21 by the Director as liquidator or rehabilitator,
22 including, but not limited to, the following:
23 (1) the actual and necessary costs of
24 preserving or recovering the property of the
25 insurer;
26 (2) reasonable compensation for all services

HB4697- 93 -LRB103 35722 RLC 65802 b
1 rendered on behalf of the administrative
2 supervisor or receiver;
3 (3) any necessary filing fees;
4 (4) the fees and mileage payable to witnesses;
5 (5) unsecured loans obtained by the receiver;
6 and
7 (6) expenses approved by the conservator or
8 rehabilitator of the insurer, if any, incurred in the
9 course of the conservation or rehabilitation that are
10 unpaid at the time of the entry of the order of
11 liquidation.
12 Any unsecured loan falling under item (5) of
13 subparagraph (ii) of this paragraph (a) shall have
14 priority over all other costs and expenses of
15 administration, unless the lender agrees otherwise. Absent
16 agreement to the contrary, all other costs and expenses of
17 administration shall be shared on a pro-rata basis, except
18 for the expenses of property and casualty guaranty
19 associations, which shall have a lower priority pursuant
20 to subparagraph (i) of this paragraph (a).
21 (b) Secured claims, including claims for taxes and
22 debts due the federal or any state or local government,
23 that are secured by liens perfected prior to the filing of
24 the complaint.
25 (c) Claims for wages actually owing to employees for
26 services rendered within 3 months prior to the date of the

HB4697- 94 -LRB103 35722 RLC 65802 b
1 filing of the complaint, not exceeding $1,000 to each
2 employee unless there are claims due the federal
3 government under paragraph (f), then the claims for wages
4 shall have a priority of distribution immediately
5 following that of federal claims under paragraph (f) and
6 immediately preceding claims of general creditors under
7 paragraph (g).
8 (d) Claims by policyholders, beneficiaries, and
9 insureds, under insurance policies, annuity contracts, and
10 funding agreements, liability claims against insureds
11 covered under insurance policies and insurance contracts
12 issued by the company, claims of obligees (and, subject to
13 the discretion of the receiver, completion contractors)
14 under surety bonds and surety undertakings (not to include
15 bail bonds, mortgage or financial guaranty, or other forms
16 of insurance offering protection against investment risk),
17 claims by principals under surety bonds and surety
18 undertakings for wrongful dissipation of collateral by the
19 insurer or its agents, and claims incurred during any
20 extension of coverage provided under subsection (5) of
21 Section 193, and claims of the Illinois Insurance Guaranty
22 Fund, the Illinois Life and Health Insurance Guaranty
23 Association, the Illinois Health Maintenance Organization
24 Guaranty Association, and any similar organization in
25 another state as prescribed in Section 545. For purposes
26 of this Section, "funding agreement" means an agreement

HB4697- 95 -LRB103 35722 RLC 65802 b
1 whereby an insurer authorized to write business under
2 Class 1 of Section 4 of this Code may accept and accumulate
3 funds and make one or more payments at future dates in
4 amounts that are not based upon mortality or morbidity
5 contingencies.
6 (e) Claims by policyholders, beneficiaries, and
7 insureds, the allowed values of which were determined by
8 estimation under paragraph (b) of subsection (4) of
9 Section 209.
10 (f) Any other claims due the federal government.
11 (g) All other claims of general creditors not falling
12 within any other priority under this Section including
13 claims for taxes and debts due any state or local
14 government which are not secured claims and claims for
15 attorneys' fees incurred by the company in contesting its
16 conservation, rehabilitation, or liquidation.
17 (h) Claims of guaranty fund certificate holders,
18 guaranty capital shareholders, capital note holders, and
19 surplus note holders.
20 (i) Proprietary claims of shareholders, members, or
21 other owners.
22 Every claim under a written agreement, statute, or rule
23providing that the assets in a separate account are not
24chargeable with the liabilities arising out of any other
25business of the insurer shall be satisfied out of the funded
26assets in the separate account equal to, but not to exceed, the

HB4697- 96 -LRB103 35722 RLC 65802 b
1reserves maintained in the separate account under the separate
2account agreement, and to the extent, if any, the claim is not
3fully discharged thereby, the remainder of the claim shall be
4treated as a priority level (d) claim under paragraph (d) of
5this subsection to the extent that reserves have been
6established in the insurer's general account pursuant to
7statute, rule, or the separate account agreement.
8 For purposes of this provision, "separate account
9policies, contracts, or agreements" means any policies,
10contracts, or agreements that provide for separate accounts as
11contemplated by Section 245.21.
12 To the extent that any assets of an insurer, other than
13those assets properly allocated to and maintained in a
14separate account, have been used to fund or pay any expenses,
15taxes, or policyholder benefits that are attributable to a
16separate account policy, contract, or agreement that should
17have been paid by a separate account prior to the commencement
18of receivership proceedings, then upon the commencement of
19receivership proceedings, the separate accounts that benefited
20from this payment or funding shall first be used to repay or
21reimburse the company's general assets or account for any
22unreimbursed net sums due at the commencement of receivership
23proceedings prior to the application of the separate account
24assets to the satisfaction of liabilities or the corresponding
25separate account policies, contracts, and agreements.
26 To the extent, if any, reserves or assets maintained in

HB4697- 97 -LRB103 35722 RLC 65802 b
1the separate account are in excess of the amounts needed to
2satisfy claims under the separate account contracts, the
3excess shall be treated as part of the general assets of the
4insurer's estate.
5 (2) Within 120 days after the issuance of an Order of
6Liquidation with a finding of insolvency against a domestic
7company, the Director shall make application to the court
8requesting authority to disburse funds to the Illinois
9Insurance Guaranty Fund, the Illinois Life and Health
10Insurance Guaranty Association, the Illinois Health
11Maintenance Organization Guaranty Association, and similar
12organizations in other states from time to time out of the
13company's marshaled assets as funds become available in
14amounts equal to disbursements made by the Illinois Insurance
15Guaranty Fund, the Illinois Life and Health Insurance Guaranty
16Association, the Illinois Health Maintenance Organization
17Guaranty Association, and similar organizations in other
18states for covered claims obligations on the presentation of
19evidence that such disbursements have been made by the
20Illinois Insurance Guaranty Fund, the Illinois Life and Health
21Insurance Guaranty Association, the Illinois Health
22Maintenance Organization Guaranty Association, and similar
23organizations in other states.
24 The Director shall establish procedures for the ratable
25allocation and distribution of disbursements to the Illinois
26Insurance Guaranty Fund, the Illinois Life and Health

HB4697- 98 -LRB103 35722 RLC 65802 b
1Insurance Guaranty Association, the Illinois Health
2Maintenance Organization Guaranty Association, and similar
3organizations in other states. In determining the amounts
4available for disbursement, the Director shall reserve
5sufficient assets for the payment of the expenses of
6administration described in paragraph (1)(a) of this Section.
7All funds available for disbursement after the establishment
8of the prescribed reserve shall be promptly distributed. As a
9condition to receipt of funds in reimbursement of covered
10claims obligations, the Director shall secure from the
11Illinois Insurance Guaranty Fund, the Illinois Life and Health
12Insurance Guaranty Association, the Illinois Health
13Maintenance Organization Guaranty Association, and each
14similar organization in other states, an agreement to return
15to the Director on demand funds previously received as may be
16required to pay claims of secured creditors and claims falling
17within the priorities established in paragraphs (a), (b), (c),
18and (d) of subsection (1) of this Section in accordance with
19such priorities.
20 (3) The changes made in this Section by this amendatory
21Act of the 100th General Assembly apply to all liquidation,
22rehabilitation, or conservation proceedings that are pending
23on the effective date of this amendatory Act of the 100th
24General Assembly and to all future liquidation,
25rehabilitation, or conservation proceedings.
26 (4) The provisions of this Section are severable under

HB4697- 99 -LRB103 35722 RLC 65802 b
1Section 1.31 of the Statute on Statutes.
2(Source: P.A. 100-410, eff. 8-25-17; 101-652, eff. 1-1-23.)
3 Section 185. The Illinois Gambling Act is amended by
4changing Section 5.1 as follows:
5 (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
6 Sec. 5.1. Disclosure of records.
7 (a) Notwithstanding any applicable statutory provision to
8the contrary, the Board shall, on written request from any
9person, provide information furnished by an applicant or
10licensee concerning the applicant or licensee, his products,
11services or gambling enterprises and his business holdings, as
12follows:
13 (1) The name, business address and business telephone
14 number of any applicant or licensee.
15 (2) An identification of any applicant or licensee
16 including, if an applicant or licensee is not an
17 individual, the names and addresses of all stockholders
18 and directors, if the entity is a corporation; the names
19 and addresses of all members, if the entity is a limited
20 liability company; the names and addresses of all
21 partners, both general and limited, if the entity is a
22 partnership; and the names and addresses of all
23 beneficiaries, if the entity is a trust. If an applicant
24 or licensee has a pending registration statement filed

HB4697- 100 -LRB103 35722 RLC 65802 b
1 with the Securities and Exchange Commission, only the
2 names of those persons or entities holding interest of 5%
3 or more must be provided.
4 (3) An identification of any business, including, if
5 applicable, the state of incorporation or registration, in
6 which an applicant or licensee or an applicant's or
7 licensee's spouse or children has an equity interest of
8 more than 1%. If an applicant or licensee is a
9 corporation, partnership or other business entity, the
10 applicant or licensee shall identify any other
11 corporation, partnership or business entity in which it
12 has an equity interest of 1% or more, including, if
13 applicable, the state of incorporation or registration.
14 This information need not be provided by a corporation,
15 partnership or other business entity that has a pending
16 registration statement filed with the Securities and
17 Exchange Commission.
18 (4) Whether an applicant or licensee has been
19 indicted, convicted, pleaded guilty or nolo contendere, or
20 forfeited bail pretrial release has been revoked
21 concerning any criminal offense under the laws of any
22 jurisdiction, either felony or misdemeanor (except for
23 traffic violations), including the date, the name and
24 location of the court, arresting agency and prosecuting
25 agency, the case number, the offense, the disposition and
26 the location and length of incarceration.

HB4697- 101 -LRB103 35722 RLC 65802 b
1 (5) Whether an applicant or licensee has had any
2 license or certificate issued by a licensing authority in
3 Illinois or any other jurisdiction denied, restricted,
4 suspended, revoked or not renewed and a statement
5 describing the facts and circumstances concerning the
6 denial, restriction, suspension, revocation or
7 non-renewal, including the licensing authority, the date
8 each such action was taken, and the reason for each such
9 action.
10 (6) Whether an applicant or licensee has ever filed or
11 had filed against it a proceeding in bankruptcy or has
12 ever been involved in any formal process to adjust, defer,
13 suspend or otherwise work out the payment of any debt
14 including the date of filing, the name and location of the
15 court, the case and number of the disposition.
16 (7) Whether an applicant or licensee has filed, or
17 been served with a complaint or other notice filed with
18 any public body, regarding the delinquency in the payment
19 of, or a dispute over the filings concerning the payment
20 of, any tax required under federal, State or local law,
21 including the amount, type of tax, the taxing agency and
22 time periods involved.
23 (8) A statement listing the names and titles of all
24 public officials or officers of any unit of government,
25 and relatives of said public officials or officers who,
26 directly or indirectly, own any financial interest in,

HB4697- 102 -LRB103 35722 RLC 65802 b
1 have any beneficial interest in, are the creditors of or
2 hold any debt instrument issued by, or hold or have any
3 interest in any contractual or service relationship with,
4 an applicant or licensee.
5 (9) Whether an applicant or licensee has made,
6 directly or indirectly, any political contribution, or any
7 loans, donations or other payments, to any candidate or
8 office holder, within 5 years from the date of filing the
9 application, including the amount and the method of
10 payment.
11 (10) The name and business telephone number of the
12 counsel representing an applicant or licensee in matters
13 before the Board.
14 (11) A description of any proposed or approved
15 gambling operation, including the type of boat, home dock,
16 or casino or gaming location, expected economic benefit to
17 the community, anticipated or actual number of employees,
18 any statement from an applicant or licensee regarding
19 compliance with federal and State affirmative action
20 guidelines, projected or actual admissions and projected
21 or actual adjusted gross gaming receipts.
22 (12) A description of the product or service to be
23 supplied by an applicant for a supplier's license.
24 (b) Notwithstanding any applicable statutory provision to
25the contrary, the Board shall, on written request from any
26person, also provide the following information:

HB4697- 103 -LRB103 35722 RLC 65802 b
1 (1) The amount of the wagering tax and admission tax
2 paid daily to the State of Illinois by the holder of an
3 owner's license.
4 (2) Whenever the Board finds an applicant for an
5 owner's license unsuitable for licensing, a copy of the
6 written letter outlining the reasons for the denial.
7 (3) Whenever the Board has refused to grant leave for
8 an applicant to withdraw his application, a copy of the
9 letter outlining the reasons for the refusal.
10 (c) Subject to the above provisions, the Board shall not
11disclose any information which would be barred by:
12 (1) Section 7 of the Freedom of Information Act; or
13 (2) The statutes, rules, regulations or
14 intergovernmental agreements of any jurisdiction.
15 (d) The Board may assess fees for the copying of
16information in accordance with Section 6 of the Freedom of
17Information Act.
18(Source: P.A. 101-31, eff. 6-28-19; 101-652, eff. 1-1-23.)
19 Section 190. The Sexual Assault Survivors Emergency
20Treatment Act is amended by changing Section 7.5 as follows:
21 (410 ILCS 70/7.5)
22 Sec. 7.5. Prohibition on billing sexual assault survivors
23directly for certain services; written notice; billing
24protocols.

HB4697- 104 -LRB103 35722 RLC 65802 b
1 (a) A hospital, approved pediatric health care facility,
2health care professional, ambulance provider, laboratory, or
3pharmacy furnishing medical forensic services, transportation,
4follow-up healthcare, or medication to a sexual assault
5survivor shall not:
6 (1) charge or submit a bill for any portion of the
7 costs of the services, transportation, or medications to
8 the sexual assault survivor, including any insurance
9 deductible, co-pay, co-insurance, denial of claim by an
10 insurer, spenddown, or any other out-of-pocket expense;
11 (2) communicate with, harass, or intimidate the sexual
12 assault survivor for payment of services, including, but
13 not limited to, repeatedly calling or writing to the
14 sexual assault survivor and threatening to refer the
15 matter to a debt collection agency or to an attorney for
16 collection, enforcement, or filing of other process;
17 (3) refer a bill to a collection agency or attorney
18 for collection action against the sexual assault survivor;
19 (4) contact or distribute information to affect the
20 sexual assault survivor's credit rating; or
21 (5) take any other action adverse to the sexual
22 assault survivor or his or her family on account of
23 providing services to the sexual assault survivor.
24 (a-5) Notwithstanding any other provision of law,
25including, but not limited to, subsection (a), a sexual
26assault survivor who is not the subscriber or primary

HB4697- 105 -LRB103 35722 RLC 65802 b
1policyholder of the sexual assault survivor's insurance policy
2may opt out of billing the sexual assault survivor's private
3insurance provider. If the sexual assault survivor opts out of
4billing the sexual assault survivor's private insurance
5provider, then the bill for medical forensic services shall be
6sent to the Department of Healthcare and Family Services'
7Sexual Assault Emergency Treatment Program for reimbursement
8for the services provided to the sexual assault survivor.
9 (b) Nothing in this Section precludes a hospital, health
10care provider, ambulance provider, laboratory, or pharmacy
11from billing the sexual assault survivor or any applicable
12health insurance or coverage for inpatient services.
13 (c) Every hospital and approved pediatric health care
14facility providing treatment services to sexual assault
15survivors in accordance with a plan approved under Section 2
16of this Act shall provide a written notice to a sexual assault
17survivor. The written notice must include, but is not limited
18to, the following:
19 (1) a statement that the sexual assault survivor
20 should not be directly billed by any ambulance provider
21 providing transportation services, or by any hospital,
22 approved pediatric health care facility, health care
23 professional, laboratory, or pharmacy for the services the
24 sexual assault survivor received as an outpatient at the
25 hospital or approved pediatric health care facility;
26 (2) a statement that a sexual assault survivor who is

HB4697- 106 -LRB103 35722 RLC 65802 b
1 admitted to a hospital may be billed for inpatient
2 services provided by a hospital, health care professional,
3 laboratory, or pharmacy;
4 (3) a statement that prior to leaving the hospital or
5 approved pediatric health care facility, the hospital or
6 approved pediatric health care facility will give the
7 sexual assault survivor a sexual assault services voucher
8 for follow-up healthcare if the sexual assault survivor is
9 eligible to receive a sexual assault services voucher;
10 (4) the definition of "follow-up healthcare" as set
11 forth in Section 1a of this Act;
12 (5) a phone number the sexual assault survivor may
13 call should the sexual assault survivor receive a bill
14 from the hospital or approved pediatric health care
15 facility for medical forensic services;
16 (6) the toll-free phone number of the Office of the
17 Illinois Attorney General, Crime Victim Services Division,
18 which the sexual assault survivor may call should the
19 sexual assault survivor receive a bill from an ambulance
20 provider, approved pediatric health care facility, a
21 health care professional, a laboratory, or a pharmacy.
22 This subsection (c) shall not apply to hospitals that
23provide transfer services as defined under Section 1a of this
24Act.
25 (d) Within 60 days after the effective date of this
26amendatory Act of the 99th General Assembly, every health care

HB4697- 107 -LRB103 35722 RLC 65802 b
1professional, except for those employed by a hospital or
2hospital affiliate, as defined in the Hospital Licensing Act,
3or those employed by a hospital operated under the University
4of Illinois Hospital Act, who bills separately for medical or
5forensic services must develop a billing protocol that ensures
6that no survivor of sexual assault will be sent a bill for any
7medical forensic services and submit the billing protocol to
8the Crime Victim Services Division of the Office of the
9Attorney General for approval. Within 60 days after the
10commencement of the provision of medical forensic services,
11every health care professional, except for those employed by a
12hospital or hospital affiliate, as defined in the Hospital
13Licensing Act, or those employed by a hospital operated under
14the University of Illinois Hospital Act, who bills separately
15for medical or forensic services must develop a billing
16protocol that ensures that no survivor of sexual assault is
17sent a bill for any medical forensic services and submit the
18billing protocol to the Crime Victim Services Division of the
19Office of the Attorney General for approval. Health care
20professionals who bill as a legal entity may submit a single
21billing protocol for the billing entity.
22 Within 60 days after the Department's approval of a
23treatment plan, an approved pediatric health care facility and
24any health care professional employed by an approved pediatric
25health care facility must develop a billing protocol that
26ensures that no survivor of sexual assault is sent a bill for

HB4697- 108 -LRB103 35722 RLC 65802 b
1any medical forensic services and submit the billing protocol
2to the Crime Victim Services Division of the Office of the
3Attorney General for approval.
4 The billing protocol must include at a minimum:
5 (1) a description of training for persons who prepare
6 bills for medical and forensic services;
7 (2) a written acknowledgement signed by a person who
8 has completed the training that the person will not bill
9 survivors of sexual assault;
10 (3) prohibitions on submitting any bill for any
11 portion of medical forensic services provided to a
12 survivor of sexual assault to a collection agency;
13 (4) prohibitions on taking any action that would
14 adversely affect the credit of the survivor of sexual
15 assault;
16 (5) the termination of all collection activities if
17 the protocol is violated; and
18 (6) the actions to be taken if a bill is sent to a
19 collection agency or the failure to pay is reported to any
20 credit reporting agency.
21 The Crime Victim Services Division of the Office of the
22Attorney General may provide a sample acceptable billing
23protocol upon request.
24 The Office of the Attorney General shall approve a
25proposed protocol if it finds that the implementation of the
26protocol would result in no survivor of sexual assault being

HB4697- 109 -LRB103 35722 RLC 65802 b
1billed or sent a bill for medical forensic services.
2 If the Office of the Attorney General determines that
3implementation of the protocol could result in the billing of
4a survivor of sexual assault for medical forensic services,
5the Office of the Attorney General shall provide the health
6care professional or approved pediatric health care facility
7with a written statement of the deficiencies in the protocol.
8The health care professional or approved pediatric health care
9facility shall have 30 days to submit a revised billing
10protocol addressing the deficiencies to the Office of the
11Attorney General. The health care professional or approved
12pediatric health care facility shall implement the protocol
13upon approval by the Crime Victim Services Division of the
14Office of the Attorney General.
15 The health care professional or approved pediatric health
16care facility shall submit any proposed revision to or
17modification of an approved billing protocol to the Crime
18Victim Services Division of the Office of the Attorney General
19for approval. The health care professional or approved
20pediatric health care facility shall implement the revised or
21modified billing protocol upon approval by the Crime Victim
22Services Division of the Office of the Illinois Attorney
23General.
24 (e) This Section is effective on and after January 1,
252024.
26(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;

HB4697- 110 -LRB103 35722 RLC 65802 b
1102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff.
21-1-23.)
3 Section 195. The Illinois Vehicle Code is amended by
4changing Sections 6-204, 6-308, 6-500, 6-601, and 16-103 as
5follows:
6 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
7 Sec. 6-204. When court to forward license and reports.
8 (a) For the purpose of providing to the Secretary of State
9the records essential to the performance of the Secretary's
10duties under this Code to cancel, revoke or suspend the
11driver's license and privilege to drive motor vehicles of
12certain minors and of persons found guilty of the criminal
13offenses or traffic violations which this Code recognizes as
14evidence relating to unfitness to safely operate motor
15vehicles, the following duties are imposed upon public
16officials:
17 (1) Whenever any person is convicted of any offense
18 for which this Code makes mandatory the cancellation or
19 revocation of the driver's license or permit of such
20 person by the Secretary of State, the judge of the court in
21 which such conviction is had shall require the surrender
22 to the clerk of the court of all driver's licenses or
23 permits then held by the person so convicted, and the
24 clerk of the court shall, within 5 days thereafter,

HB4697- 111 -LRB103 35722 RLC 65802 b
1 forward the same, together with a report of such
2 conviction, to the Secretary.
3 (2) Whenever any person is convicted of any offense
4 under this Code or similar offenses under a municipal
5 ordinance, other than regulations governing standing,
6 parking or weights of vehicles, and excepting the
7 following enumerated Sections of this Code: Sections
8 11-1406 (obstruction to driver's view or control), 11-1407
9 (improper opening of door into traffic), 11-1410 (coasting
10 on downgrade), 11-1411 (following fire apparatus),
11 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
12 vehicle which is in unsafe condition or improperly
13 equipped), 12-201(a) (daytime lights on motorcycles),
14 12-202 (clearance, identification and side marker lamps),
15 12-204 (lamp or flag on projecting load), 12-205 (failure
16 to display the safety lights required), 12-401
17 (restrictions as to tire equipment), 12-502 (mirrors),
18 12-503 (windshields must be unobstructed and equipped with
19 wipers), 12-601 (horns and warning devices), 12-602
20 (mufflers, prevention of noise or smoke), 12-603 (seat
21 safety belts), 12-702 (certain vehicles to carry flares or
22 other warning devices), 12-703 (vehicles for oiling roads
23 operated on highways), 12-710 (splash guards and
24 replacements), 13-101 (safety tests), 15-101 (size, weight
25 and load), 15-102 (width), 15-103 (height), 15-104 (name
26 and address on second division vehicles), 15-107 (length

HB4697- 112 -LRB103 35722 RLC 65802 b
1 of vehicle), 15-109.1 (cover or tarpaulin), 15-111
2 (weights), 15-112 (weights), 15-301 (weights), 15-316
3 (weights), 15-318 (weights), and also excepting the
4 following enumerated Sections of the Chicago Municipal
5 Code: Sections 27-245 (following fire apparatus), 27-254
6 (obstruction of traffic), 27-258 (driving vehicle which is
7 in unsafe condition), 27-259 (coasting on downgrade),
8 27-264 (use of horns and signal devices), 27-265
9 (obstruction to driver's view or driver mechanism), 27-267
10 (dimming of headlights), 27-268 (unattended motor
11 vehicle), 27-272 (illegal funeral procession), 27-273
12 (funeral procession on boulevard), 27-275 (driving freight
13 hauling vehicles on boulevard), 27-276 (stopping and
14 standing of buses or taxicabs), 27-277 (cruising of public
15 passenger vehicles), 27-305 (parallel parking), 27-306
16 (diagonal parking), 27-307 (parking not to obstruct
17 traffic), 27-308 (stopping, standing or parking
18 regulated), 27-311 (parking regulations), 27-312 (parking
19 regulations), 27-313 (parking regulations), 27-314
20 (parking regulations), 27-315 (parking regulations),
21 27-316 (parking regulations), 27-317 (parking
22 regulations), 27-318 (parking regulations), 27-319
23 (parking regulations), 27-320 (parking regulations),
24 27-321 (parking regulations), 27-322 (parking
25 regulations), 27-324 (loading and unloading at an angle),
26 27-333 (wheel and axle loads), 27-334 (load restrictions

HB4697- 113 -LRB103 35722 RLC 65802 b
1 in the downtown district), 27-335 (load restrictions in
2 residential areas), 27-338 (width of vehicles), 27-339
3 (height of vehicles), 27-340 (length of vehicles), 27-352
4 (reflectors on trailers), 27-353 (mufflers), 27-354
5 (display of plates), 27-355 (display of city vehicle tax
6 sticker), 27-357 (identification of vehicles), 27-358
7 (projecting of loads), and also excepting the following
8 enumerated paragraphs of Section 2-201 of the Rules and
9 Regulations of the Illinois State Toll Highway Authority:
10 (l) (driving unsafe vehicle on tollway), (m) (vehicles
11 transporting dangerous cargo not properly indicated), it
12 shall be the duty of the clerk of the court in which such
13 conviction is had within 5 days thereafter to forward to
14 the Secretary of State a report of the conviction and the
15 court may recommend the suspension of the driver's license
16 or permit of the person so convicted.
17 The reporting requirements of this subsection shall
18 apply to all violations stated in paragraphs (1) and (2)
19 of this subsection when the individual has been
20 adjudicated under the Juvenile Court Act or the Juvenile
21 Court Act of 1987. Such reporting requirements shall also
22 apply to individuals adjudicated under the Juvenile Court
23 Act or the Juvenile Court Act of 1987 who have committed a
24 violation of Section 11-501 of this Code, or similar
25 provision of a local ordinance, or Section 9-3 of the
26 Criminal Code of 1961 or the Criminal Code of 2012,

HB4697- 114 -LRB103 35722 RLC 65802 b
1 relating to the offense of reckless homicide, or Section
2 5-7 of the Snowmobile Registration and Safety Act or
3 Section 5-16 of the Boat Registration and Safety Act,
4 relating to the offense of operating a snowmobile or a
5 watercraft while under the influence of alcohol, other
6 drug or drugs, intoxicating compound or compounds, or
7 combination thereof. These reporting requirements also
8 apply to individuals adjudicated under the Juvenile Court
9 Act of 1987 based on any offense determined to have been
10 committed in furtherance of the criminal activities of an
11 organized gang, as provided in Section 5-710 of that Act,
12 if those activities involved the operation or use of a
13 motor vehicle. It shall be the duty of the clerk of the
14 court in which adjudication is had within 5 days
15 thereafter to forward to the Secretary of State a report
16 of the adjudication and the court order requiring the
17 Secretary of State to suspend the minor's driver's license
18 and driving privilege for such time as determined by the
19 court, but only until he or she attains the age of 18
20 years. All juvenile court dispositions reported to the
21 Secretary of State under this provision shall be processed
22 by the Secretary of State as if the cases had been
23 adjudicated in traffic or criminal court. However,
24 information reported relative to the offense of reckless
25 homicide, or Section 11-501 of this Code, or a similar
26 provision of a local ordinance, shall be privileged and

HB4697- 115 -LRB103 35722 RLC 65802 b
1 available only to the Secretary of State, courts, and
2 police officers.
3 The reporting requirements of this subsection (a)
4 apply to all violations listed in paragraphs (1) and (2)
5 of this subsection (a), excluding parking violations, when
6 the driver holds a CLP or CDL, regardless of the type of
7 vehicle in which the violation occurred, or when any
8 driver committed the violation in a commercial motor
9 vehicle as defined in Section 6-500 of this Code.
10 (3) Whenever an order is entered vacating the
11 forfeiture of any bail, security or bond given to secure
12 appearance for any offense under this Code or similar
13 offenses under municipal ordinance, it shall be the duty
14 of the clerk of the court in which such vacation was had or
15 the judge of such court if such court has no clerk, within
16 5 days thereafter to forward to the Secretary of State a
17 report of the vacation. Whenever an order is entered
18 revoking pretrial release given to secure appearance for
19 any offense under this Code or similar offenses under
20 municipal ordinance, it shall be the duty of the clerk of
21 the court in which such revocation was had or the judge of
22 such court if such court has no clerk, within 5 days
23 thereafter to forward to the Secretary of State a report
24 of the revocation.
25 (4) A report of any disposition of court supervision
26 for a violation of Sections 6-303, 11-401, 11-501 or a

HB4697- 116 -LRB103 35722 RLC 65802 b
1 similar provision of a local ordinance, 11-503, 11-504,
2 and 11-506 of this Code, Section 5-7 of the Snowmobile
3 Registration and Safety Act, and Section 5-16 of the Boat
4 Registration and Safety Act shall be forwarded to the
5 Secretary of State. A report of any disposition of court
6 supervision for a violation of an offense defined as a
7 serious traffic violation in this Code or a similar
8 provision of a local ordinance committed by a person under
9 the age of 21 years shall be forwarded to the Secretary of
10 State.
11 (5) Reports of conviction under this Code and
12 sentencing hearings under the Juvenile Court Act of 1987
13 in an electronic format or a computer processible medium
14 shall be forwarded to the Secretary of State via the
15 Supreme Court in the form and format required by the
16 Illinois Supreme Court and established by a written
17 agreement between the Supreme Court and the Secretary of
18 State. In counties with a population over 300,000, instead
19 of forwarding reports to the Supreme Court, reports of
20 conviction under this Code and sentencing hearings under
21 the Juvenile Court Act of 1987 in an electronic format or a
22 computer processible medium may be forwarded to the
23 Secretary of State by the Circuit Court Clerk in a form and
24 format required by the Secretary of State and established
25 by written agreement between the Circuit Court Clerk and
26 the Secretary of State. Failure to forward the reports of

HB4697- 117 -LRB103 35722 RLC 65802 b
1 conviction or sentencing hearing under the Juvenile Court
2 Act of 1987 as required by this Section shall be deemed an
3 omission of duty and it shall be the duty of the several
4 State's Attorneys to enforce the requirements of this
5 Section.
6 (b) Whenever a restricted driving permit is forwarded to a
7court, as a result of confiscation by a police officer
8pursuant to the authority in Section 6-113(f), it shall be the
9duty of the clerk, or judge, if the court has no clerk, to
10forward such restricted driving permit and a facsimile of the
11officer's citation to the Secretary of State as expeditiously
12as practicable.
13 (c) For the purposes of this Code, a forfeiture of bail or
14collateral deposited to secure a defendant's appearance in
15court when forfeiture has not been vacated, or the failure of a
16defendant to appear for trial after depositing his driver's
17license in lieu of other bail, shall be equivalent to a
18conviction. For the purposes of this Code, a revocation of
19pretrial release that has not been vacated, or the failure of a
20defendant to appear for trial after depositing his driver's
21license, shall be equivalent to a conviction.
22 (d) For the purpose of providing the Secretary of State
23with records necessary to properly monitor and assess driver
24performance and assist the courts in the proper disposition of
25repeat traffic law offenders, the clerk of the court shall
26forward to the Secretary of State, on a form prescribed by the

HB4697- 118 -LRB103 35722 RLC 65802 b
1Secretary, records of a driver's participation in a driver
2remedial or rehabilitative program which was required, through
3a court order or court supervision, in relation to the
4driver's arrest for a violation of Section 11-501 of this Code
5or a similar provision of a local ordinance. The clerk of the
6court shall also forward to the Secretary, either on paper or
7in an electronic format or a computer processible medium as
8required under paragraph (5) of subsection (a) of this
9Section, any disposition of court supervision for any traffic
10violation, excluding those offenses listed in paragraph (2) of
11subsection (a) of this Section. These reports shall be sent
12within 5 days after disposition, or, if the driver is referred
13to a driver remedial or rehabilitative program, within 5 days
14of the driver's referral to that program. These reports
15received by the Secretary of State, including those required
16to be forwarded under paragraph (a)(4), shall be privileged
17information, available only (i) to the affected driver, (ii)
18to the parent or guardian of a person under the age of 18 years
19holding an instruction permit or a graduated driver's license,
20and (iii) for use by the courts, police officers, prosecuting
21authorities, the Secretary of State, and the driver licensing
22administrator of any other state. In accordance with 49 C.F.R.
23Part 384, all reports of court supervision, except violations
24related to parking, shall be forwarded to the Secretary of
25State for all holders of a CLP or CDL or any driver who commits
26an offense while driving a commercial motor vehicle. These

HB4697- 119 -LRB103 35722 RLC 65802 b
1reports shall be recorded to the driver's record as a
2conviction for use in the disqualification of the driver's
3commercial motor vehicle privileges and shall not be
4privileged information.
5(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23;
6102-1104, eff. 1-1-23.)
7 (625 ILCS 5/6-308)
8 Sec. 6-308. Procedures for traffic violations.
9 (a) Any person cited for violating this Code or a similar
10provision of a local ordinance for which a violation is a petty
11offense as defined by Section 5-1-17 of the Unified Code of
12Corrections, excluding business offenses as defined by Section
135-1-2 of the Unified Code of Corrections or a violation of
14Section 15-111 or subsection (d) of Section 3-401 of this
15Code, shall not be required to sign the citation or post bond
16to secure bail for his or her release. All other provisions of
17this Code or similar provisions of local ordinances shall be
18governed by the bail pretrial release provisions of the
19Illinois Supreme Court Rules when it is not practical or
20feasible to take the person before a judge to have bail
21conditions of pretrial release set or to avoid undue delay
22because of the hour or circumstances.
23 (b) Whenever a person fails to appear in court, the court
24may continue the case for a minimum of 30 days and the clerk of
25the court shall send notice of the continued court date to the

HB4697- 120 -LRB103 35722 RLC 65802 b
1person's last known address. If the person does not appear in
2court on or before the continued court date or satisfy the
3court that the person's appearance in and surrender to the
4court is impossible for no fault of the person, the court shall
5enter an order of failure to appear. The clerk of the court
6shall notify the Secretary of State, on a report prescribed by
7the Secretary, of the court's order. The Secretary, when
8notified by the clerk of the court that an order of failure to
9appear has been entered, shall immediately suspend the
10person's driver's license, which shall be designated by the
11Secretary as a Failure to Appear suspension. The Secretary
12shall not remove the suspension, nor issue any permit or
13privileges to the person whose license has been suspended,
14until notified by the ordering court that the person has
15appeared and resolved the violation. Upon compliance, the
16clerk of the court shall present the person with a notice of
17compliance containing the seal of the court, and shall notify
18the Secretary that the person has appeared and resolved the
19violation.
20 (c) Illinois Supreme Court Rules shall govern bail
21pretrial release and appearance procedures when a person who
22is a resident of another state that is not a member of the
23Nonresident Violator Compact of 1977 is cited for violating
24this Code or a similar provision of a local ordinance.
25(Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)

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1 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
2 Sec. 6-500. Definitions of words and phrases.
3Notwithstanding the definitions set forth elsewhere in this
4Code, for purposes of the Uniform Commercial Driver's License
5Act (UCDLA), the words and phrases listed below have the
6meanings ascribed to them as follows:
7 (1) Alcohol. "Alcohol" means any substance containing any
8form of alcohol, including but not limited to ethanol,
9methanol, propanol, and isopropanol.
10 (2) Alcohol concentration. "Alcohol concentration" means:
11 (A) the number of grams of alcohol per 210 liters of
12 breath; or
13 (B) the number of grams of alcohol per 100 milliliters
14 of blood; or
15 (C) the number of grams of alcohol per 67 milliliters
16 of urine.
17 Alcohol tests administered within 2 hours of the driver
18being "stopped or detained" shall be considered that driver's
19"alcohol concentration" for the purposes of enforcing this
20UCDLA.
21 (3) (Blank).
22 (4) (Blank).
23 (5) (Blank).
24 (5.3) CDLIS driver record. "CDLIS driver record" means the
25electronic record of the individual CDL driver's status and
26history stored by the State-of-Record as part of the

HB4697- 122 -LRB103 35722 RLC 65802 b
1Commercial Driver's License Information System, or CDLIS,
2established under 49 U.S.C. 31309.
3 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
4record" or "CDLIS MVR" means a report generated from the CDLIS
5driver record meeting the requirements for access to CDLIS
6information and provided by states to users authorized in 49
7C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
8Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
9 (5.7) Commercial driver's license downgrade. "Commercial
10driver's license downgrade" or "CDL downgrade" means either:
11 (A) a state allows the driver to change his or her
12 self-certification to interstate, but operating
13 exclusively in transportation or operation excepted from
14 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
15 391.2, 391.68, or 398.3;
16 (B) a state allows the driver to change his or her
17 self-certification to intrastate only, if the driver
18 qualifies under that state's physical qualification
19 requirements for intrastate only;
20 (C) a state allows the driver to change his or her
21 certification to intrastate, but operating exclusively in
22 transportation or operations excepted from all or part of
23 the state driver qualification requirements; or
24 (D) a state removes the CDL privilege from the driver
25 license.
26 (6) Commercial Motor Vehicle.

HB4697- 123 -LRB103 35722 RLC 65802 b
1 (A) "Commercial motor vehicle" or "CMV" means a motor
2 vehicle or combination of motor vehicles used in commerce,
3 except those referred to in subdivision (B), designed to
4 transport passengers or property if the motor vehicle:
5 (i) has a gross combination weight rating or gross
6 combination weight of 11,794 kilograms or more (26,001
7 pounds or more), whichever is greater, inclusive of
8 any towed unit with a gross vehicle weight rating or
9 gross vehicle weight of more than 4,536 kilograms
10 (10,000 pounds), whichever is greater; or
11 (i-5) has a gross vehicle weight rating or gross
12 vehicle weight of 11,794 or more kilograms (26,001
13 pounds or more), whichever is greater; or
14 (ii) is designed to transport 16 or more persons,
15 including the driver; or
16 (iii) is of any size and is used in transporting
17 hazardous materials as defined in 49 C.F.R. 383.5.
18 (B) Pursuant to the interpretation of the Commercial
19 Motor Vehicle Safety Act of 1986 by the Federal Highway
20 Administration, the definition of "commercial motor
21 vehicle" does not include:
22 (i) recreational vehicles, when operated primarily
23 for personal use;
24 (ii) vehicles owned by or operated under the
25 direction of the United States Department of Defense
26 or the United States Coast Guard only when operated by

HB4697- 124 -LRB103 35722 RLC 65802 b
1 non-civilian personnel. This includes any operator on
2 active military duty; members of the Reserves;
3 National Guard; personnel on part-time training; and
4 National Guard military technicians (civilians who are
5 required to wear military uniforms and are subject to
6 the Code of Military Justice); or
7 (iii) firefighting, police, and other emergency
8 equipment (including, without limitation, equipment
9 owned or operated by a HazMat or technical rescue team
10 authorized by a county board under Section 5-1127 of
11 the Counties Code), with audible and visual signals,
12 owned or operated by or for a governmental entity,
13 which is necessary to the preservation of life or
14 property or the execution of emergency governmental
15 functions which are normally not subject to general
16 traffic rules and regulations.
17 (7) Controlled Substance. "Controlled substance" shall
18have the same meaning as defined in Section 102 of the Illinois
19Controlled Substances Act, and shall also include cannabis as
20defined in Section 3 of the Cannabis Control Act and
21methamphetamine as defined in Section 10 of the
22Methamphetamine Control and Community Protection Act.
23 (8) Conviction. "Conviction" means an unvacated
24adjudication of guilt or a determination that a person has
25violated or failed to comply with the law in a court of
26original jurisdiction or by an authorized administrative

HB4697- 125 -LRB103 35722 RLC 65802 b
1tribunal; an unvacated forfeiture of bail or collateral
2deposited to secure the person's appearance in court; a plea
3of guilty or nolo contendere accepted by the court; the
4payment of a fine or court cost regardless of whether the
5imposition of sentence is deferred and ultimately a judgment
6dismissing the underlying charge is entered; or a violation of
7a condition of release without bail, regardless of whether or
8not the penalty is rebated, suspended or probated.
9"Conviction" means an unvacated adjudication of guilt or a
10determination that a person has violated or failed to comply
11with the law in a court of original jurisdiction or by an
12authorized administrative tribunal; an unvacated revocation of
13pretrial release; a plea of guilty or nolo contendere accepted
14by the court; or the payment of a fine or court cost regardless
15of whether the imposition of sentence is deferred and
16ultimately a judgment dismissing the underlying charge is
17entered.
18 (8.5) Day. "Day" means calendar day.
19 (9) (Blank).
20 (10) (Blank).
21 (11) (Blank).
22 (12) (Blank).
23 (13) Driver. "Driver" means any person who drives,
24operates, or is in physical control of a commercial motor
25vehicle, any person who is required to hold a CDL, or any
26person who is a holder of a CDL while operating a

HB4697- 126 -LRB103 35722 RLC 65802 b
1non-commercial motor vehicle.
2 (13.5) Driver applicant. "Driver applicant" means an
3individual who applies to a state or other jurisdiction to
4obtain, transfer, upgrade, or renew a CDL or to obtain or renew
5a CLP.
6 (13.6) Drug and alcohol clearinghouse. "Drug and alcohol
7clearinghouse" means a database system established by the
8Federal Motor Carrier Safety Administration that permits the
9access and retrieval of a drug and alcohol testing violation
10or violations precluding an applicant or employee from
11occupying safety-sensitive positions involving the operation
12of a commercial motor vehicle.
13 (13.8) Electronic device. "Electronic device" includes,
14but is not limited to, a cellular telephone, personal digital
15assistant, pager, computer, or any other device used to input,
16write, send, receive, or read text.
17 (14) Employee. "Employee" means a person who is employed
18as a commercial motor vehicle driver. A person who is
19self-employed as a commercial motor vehicle driver must comply
20with the requirements of this UCDLA pertaining to employees.
21An owner-operator on a long-term lease shall be considered an
22employee.
23 (15) Employer. "Employer" means a person (including the
24United States, a State or a local authority) who owns or leases
25a commercial motor vehicle or assigns employees to operate
26such a vehicle. A person who is self-employed as a commercial

HB4697- 127 -LRB103 35722 RLC 65802 b
1motor vehicle driver must comply with the requirements of this
2UCDLA.
3 (15.1) Endorsement. "Endorsement" means an authorization
4to an individual's CLP or CDL required to permit the
5individual to operate certain types of commercial motor
6vehicles.
7 (15.2) Entry-level driver training. "Entry-level driver
8training" means the training an entry-level driver receives
9from an entity listed on the Federal Motor Carrier Safety
10Administration's Training Provider Registry prior to: (i)
11taking the CDL skills test required to receive the Class A or
12Class B CDL for the first time; (ii) taking the CDL skills test
13required to upgrade to a Class A or Class B CDL; or (iii)
14taking the CDL skills test required to obtain a passenger or
15school bus endorsement for the first time or the CDL knowledge
16test required to obtain a hazardous materials endorsement for
17the first time.
18 (15.3) Excepted interstate. "Excepted interstate" means a
19person who operates or expects to operate in interstate
20commerce, but engages exclusively in transportation or
21operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
22or 398.3 from all or part of the qualification requirements of
2349 C.F.R. Part 391 and is not required to obtain a medical
24examiner's certificate by 49 C.F.R. 391.45.
25 (15.5) Excepted intrastate. "Excepted intrastate" means a
26person who operates in intrastate commerce but engages

HB4697- 128 -LRB103 35722 RLC 65802 b
1exclusively in transportation or operations excepted from all
2or parts of the state driver qualification requirements.
3 (16) (Blank).
4 (16.5) Fatality. "Fatality" means the death of a person as
5a result of a motor vehicle crash.
6 (16.7) Foreign commercial driver. "Foreign commercial
7driver" means a person licensed to operate a commercial motor
8vehicle by an authority outside the United States, or a
9citizen of a foreign country who operates a commercial motor
10vehicle in the United States.
11 (17) Foreign jurisdiction. "Foreign jurisdiction" means a
12sovereign jurisdiction that does not fall within the
13definition of "State".
14 (18) (Blank).
15 (19) (Blank).
16 (20) Hazardous materials. "Hazardous material" means any
17material that has been designated under 49 U.S.C. 5103 and is
18required to be placarded under subpart F of 49 C.F.R. part 172
19or any quantity of a material listed as a select agent or toxin
20in 42 C.F.R. part 73.
21 (20.5) Imminent Hazard. "Imminent hazard" means the
22existence of any condition of a vehicle, employee, or
23commercial motor vehicle operations that substantially
24increases the likelihood of serious injury or death if not
25discontinued immediately; or a condition relating to hazardous
26material that presents a substantial likelihood that death,

HB4697- 129 -LRB103 35722 RLC 65802 b
1serious illness, severe personal injury, or a substantial
2endangerment to health, property, or the environment may occur
3before the reasonably foreseeable completion date of a formal
4proceeding begun to lessen the risk of that death, illness,
5injury or endangerment.
6 (20.6) Issuance. "Issuance" means initial issuance,
7transfer, renewal, or upgrade of a CLP or CDL and
8non-domiciled CLP or CDL.
9 (20.7) Issue. "Issue" means initial issuance, transfer,
10renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
11non-domiciled CDL.
12 (21) Long-term lease. "Long-term lease" means a lease of a
13commercial motor vehicle by the owner-lessor to a lessee, for
14a period of more than 29 days.
15 (21.01) Manual transmission. "Manual transmission" means a
16transmission utilizing a driver-operated clutch that is
17activated by a pedal or lever and a gear-shift mechanism
18operated either by hand or foot including those known as a
19stick shift, stick, straight drive, or standard transmission.
20All other transmissions, whether semi-automatic or automatic,
21shall be considered automatic for the purposes of the
22standardized restriction code.
23 (21.1) Medical examiner. "Medical examiner" means an
24individual certified by the Federal Motor Carrier Safety
25Administration and listed on the National Registry of
26Certified Medical Examiners in accordance with Federal Motor

HB4697- 130 -LRB103 35722 RLC 65802 b
1Carrier Safety Regulations, 49 CFR 390.101 et seq.
2 (21.2) Medical examiner's certificate. "Medical examiner's
3certificate" means either (1) prior to June 22, 2021, a
4document prescribed or approved by the Secretary of State that
5is issued by a medical examiner to a driver to medically
6qualify him or her to drive; or (2) beginning June 22, 2021, an
7electronic submission of results of an examination conducted
8by a medical examiner listed on the National Registry of
9Certified Medical Examiners to the Federal Motor Carrier
10Safety Administration of a driver to medically qualify him or
11her to drive.
12 (21.5) Medical variance. "Medical variance" means a driver
13has received one of the following from the Federal Motor
14Carrier Safety Administration which allows the driver to be
15issued a medical certificate: (1) an exemption letter
16permitting operation of a commercial motor vehicle pursuant to
1749 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
18skill performance evaluation (SPE) certificate permitting
19operation of a commercial motor vehicle pursuant to 49 C.F.R.
20391.49.
21 (21.7) Mobile telephone. "Mobile telephone" means a mobile
22communication device that falls under or uses any commercial
23mobile radio service, as defined in regulations of the Federal
24Communications Commission, 47 CFR 20.3. It does not include
25two-way or citizens band radio services.
26 (22) Motor Vehicle. "Motor vehicle" means every vehicle

HB4697- 131 -LRB103 35722 RLC 65802 b
1which is self-propelled, and every vehicle which is propelled
2by electric power obtained from over head trolley wires but
3not operated upon rails, except vehicles moved solely by human
4power and motorized wheel chairs.
5 (22.2) Motor vehicle record. "Motor vehicle record" means
6a report of the driving status and history of a driver
7generated from the driver record provided to users, such as
8drivers or employers, and is subject to the provisions of the
9Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
10 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
11combination of motor vehicles not defined by the term
12"commercial motor vehicle" or "CMV" in this Section.
13 (22.7) Non-excepted interstate. "Non-excepted interstate"
14means a person who operates or expects to operate in
15interstate commerce, is subject to and meets the qualification
16requirements under 49 C.F.R. Part 391, and is required to
17obtain a medical examiner's certificate by 49 C.F.R. 391.45.
18 (22.8) Non-excepted intrastate. "Non-excepted intrastate"
19means a person who operates only in intrastate commerce and is
20subject to State driver qualification requirements.
21 (23) Non-domiciled CLP or Non-domiciled CDL.
22"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
23respectively, issued by a state or other jurisdiction under
24either of the following two conditions:
25 (i) to an individual domiciled in a foreign country
26 meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.

HB4697- 132 -LRB103 35722 RLC 65802 b
1 of the Federal Motor Carrier Safety Administration.
2 (ii) to an individual domiciled in another state
3 meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
4 of the Federal Motor Carrier Safety Administration.
5 (24) (Blank).
6 (25) (Blank).
7 (25.5) Railroad-Highway Grade Crossing Violation.
8"Railroad-highway grade crossing violation" means a violation,
9while operating a commercial motor vehicle, of any of the
10following:
11 (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
12 (B) Any other similar law or local ordinance of any
13 state relating to railroad-highway grade crossing.
14 (25.7) School Bus. "School bus" means a commercial motor
15vehicle used to transport pre-primary, primary, or secondary
16school students from home to school, from school to home, or to
17and from school-sponsored events. "School bus" does not
18include a bus used as a common carrier.
19 (26) Serious Traffic Violation. "Serious traffic
20violation" means:
21 (A) a conviction when operating a commercial motor
22 vehicle, or when operating a non-CMV while holding a CLP
23 or CDL, of:
24 (i) a violation relating to excessive speeding,
25 involving a single speeding charge of 15 miles per
26 hour or more above the legal speed limit; or

HB4697- 133 -LRB103 35722 RLC 65802 b
1 (ii) a violation relating to reckless driving; or
2 (iii) a violation of any State law or local
3 ordinance relating to motor vehicle traffic control
4 (other than parking violations) arising in connection
5 with a fatal traffic crash; or
6 (iv) a violation of Section 6-501, relating to
7 having multiple driver's licenses; or
8 (v) a violation of paragraph (a) of Section 6-507,
9 relating to the requirement to have a valid CLP or CDL;
10 or
11 (vi) a violation relating to improper or erratic
12 traffic lane changes; or
13 (vii) a violation relating to following another
14 vehicle too closely; or
15 (viii) a violation relating to texting while
16 driving; or
17 (ix) a violation relating to the use of a
18 hand-held mobile telephone while driving; or
19 (B) any other similar violation of a law or local
20 ordinance of any state relating to motor vehicle traffic
21 control, other than a parking violation, which the
22 Secretary of State determines by administrative rule to be
23 serious.
24 (27) State. "State" means a state of the United States,
25the District of Columbia and any province or territory of
26Canada.

HB4697- 134 -LRB103 35722 RLC 65802 b
1 (28) (Blank).
2 (29) (Blank).
3 (30) (Blank).
4 (31) (Blank).
5 (32) Texting. "Texting" means manually entering
6alphanumeric text into, or reading text from, an electronic
7device.
8 (1) Texting includes, but is not limited to, short
9 message service, emailing, instant messaging, a command or
10 request to access a World Wide Web page, pressing more
11 than a single button to initiate or terminate a voice
12 communication using a mobile telephone, or engaging in any
13 other form of electronic text retrieval or entry for
14 present or future communication.
15 (2) Texting does not include:
16 (i) inputting, selecting, or reading information
17 on a global positioning system or navigation system;
18 or
19 (ii) pressing a single button to initiate or
20 terminate a voice communication using a mobile
21 telephone; or
22 (iii) using a device capable of performing
23 multiple functions (for example, a fleet management
24 system, dispatching device, smart phone, citizens band
25 radio, or music player) for a purpose that is not
26 otherwise prohibited by Part 392 of the Federal Motor

HB4697- 135 -LRB103 35722 RLC 65802 b
1 Carrier Safety Regulations.
2 (32.3) Third party skills test examiner. "Third party
3skills test examiner" means a person employed by a third party
4tester who is authorized by the State to administer the CDL
5skills tests specified in 49 C.F.R. Part 383, subparts G and H.
6 (32.5) Third party tester. "Third party tester" means a
7person (including, but not limited to, another state, a motor
8carrier, a private driver training facility or other private
9institution, or a department, agency, or instrumentality of a
10local government) authorized by the State to employ skills
11test examiners to administer the CDL skills tests specified in
1249 C.F.R. Part 383, subparts G and H.
13 (32.7) United States. "United States" means the 50 states
14and the District of Columbia.
15 (33) Use a hand-held mobile telephone. "Use a hand-held
16mobile telephone" means:
17 (1) using at least one hand to hold a mobile telephone
18 to conduct a voice communication;
19 (2) dialing or answering a mobile telephone by
20 pressing more than a single button; or
21 (3) reaching for a mobile telephone in a manner that
22 requires a driver to maneuver so that he or she is no
23 longer in a seated driving position, restrained by a seat
24 belt that is installed in accordance with 49 CFR 393.93
25 and adjusted in accordance with the vehicle manufacturer's
26 instructions.

HB4697- 136 -LRB103 35722 RLC 65802 b
1(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23;
2103-179, eff. 6-30-23.)
3 (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
4 Sec. 6-601. Penalties.
5 (a) It is a petty offense for any person to violate any of
6the provisions of this Chapter unless such violation is by
7this Code or other law of this State declared to be a
8misdemeanor or a felony.
9 (b) General penalties. Unless another penalty is in this
10Code or other laws of this State, every person convicted of a
11petty offense for the violation of any provision of this
12Chapter shall be punished by a fine of not more than $500.
13 (c) Unlicensed driving. Except as hereinafter provided a
14violation of Section 6-101 shall be:
15 1. A Class A misdemeanor if the person failed to
16 obtain a driver's license or permit after expiration of a
17 period of revocation.
18 2. A Class B misdemeanor if the person has been issued
19 a driver's license or permit, which has expired, and if
20 the period of expiration is greater than one year; or if
21 the person has never been issued a driver's license or
22 permit, or is not qualified to obtain a driver's license
23 or permit because of his age.
24 3. A petty offense if the person has been issued a
25 temporary visitor's driver's license or permit and is

HB4697- 137 -LRB103 35722 RLC 65802 b
1 unable to provide proof of liability insurance as provided
2 in subsection (d-5) of Section 6-105.1.
3 If a licensee under this Code is convicted of violating
4Section 6-303 for operating a motor vehicle during a time when
5such licensee's driver's license was suspended under the
6provisions of Section 6-306.3 or 6-308, then such act shall be
7a petty offense (provided the licensee has answered the charge
8which was the basis of the suspension under Section 6-306.3 or
96-308), and there shall be imposed no additional like period
10of suspension as provided in paragraph (b) of Section 6-303.
11 (d) For violations of this Code or a similar provision of a
12local ordinance for which a violation is a petty offense as
13defined by Section 5-1-17 of the Unified Code of Corrections,
14excluding business offenses as defined by Section 5-1-2 of the
15Unified Code of Corrections or a violation of Section 15-111
16or subsection (d) of Section 3-401 of this Code, if the
17violation may be satisfied without a court appearance, the
18violator may, pursuant to Supreme Court Rule, satisfy the case
19with a written plea of guilty and payment of fines, penalties,
20and costs equal to the bail amount as established by the
21Supreme Court for the offense.
22(Source: P.A. 101-652, eff. 1-1-23.)
23 (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
24 Sec. 16-103. Arrest outside county where violation
25committed.

HB4697- 138 -LRB103 35722 RLC 65802 b
1 Whenever a defendant is arrested upon a warrant charging a
2violation of this Act in a county other than that in which such
3warrant was issued, the arresting officer, immediately upon
4the request of the defendant, shall take such defendant before
5a circuit judge or associate circuit judge in the county in
6which the arrest was made who shall admit the defendant to bail
7pretrial release for his appearance before the court named in
8the warrant. On taking such bail setting the conditions of
9pretrial release, the circuit judge or associate circuit judge
10shall certify such fact on the warrant and deliver the warrant
11and undertaking of bail or other security conditions of
12pretrial release, or the driver's drivers license of such
13defendant if deposited, under the law relating to such
14licenses, in lieu of such security, to the officer having
15charge of the defendant. Such officer shall then immediately
16discharge the defendant from arrest and without delay deliver
17such warrant and such undertaking of bail, or other security
18acknowledgment by the defendant of his or her receiving the
19conditions of pretrial release or driver's drivers license to
20the court before which the defendant is required to appear.
21(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
22 Section 200. The Illinois Vehicle Code is amended by
23changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
2411-208.9, and 11-1201.1 as follows:

HB4697- 139 -LRB103 35722 RLC 65802 b
1 (625 ILCS 5/6-209.1)
2 Sec. 6-209.1. Restoration of driving privileges;
3revocation; suspension; cancellation.
4 (a) The Secretary shall rescind the suspension or
5cancellation of a person's driver's license that has been
6suspended or canceled before July 1, 2020 (the effective date
7of Public Act 101-623) due to:
8 (1) the person being convicted of theft of motor fuel
9 under Section 16-25 or 16K-15 of the Criminal Code of 1961
10 or the Criminal Code of 2012;
11 (2) the person, since the issuance of the driver's
12 license, being adjudged to be afflicted with or suffering
13 from any mental disability or disease;
14 (3) a violation of Section 6-16 of the Liquor Control
15 Act of 1934 or a similar provision of a local ordinance;
16 (4) the person being convicted of a violation of
17 Section 6-20 of the Liquor Control Act of 1934 or a similar
18 provision of a local ordinance, if the person presents a
19 certified copy of a court order that includes a finding
20 that the person was not an occupant of a motor vehicle at
21 the time of the violation;
22 (5) the person receiving a disposition of court
23 supervision for a violation of subsection (a), (d), or (e)
24 of Section 6-20 of the Liquor Control Act of 1934 or a
25 similar provision of a local ordinance, if the person
26 presents a certified copy of a court order that includes a

HB4697- 140 -LRB103 35722 RLC 65802 b
1 finding that the person was not an occupant of a motor
2 vehicle at the time of the violation;
3 (6) the person failing to pay any fine or penalty due
4 or owing as a result of 10 or more violations of a
5 municipality's or county's vehicular standing, parking, or
6 compliance regulations established by ordinance under
7 Section 11-208.3 of this Code;
8 (7) the person failing to satisfy any fine or penalty
9 resulting from a final order issued by the Illinois State
10 Toll Highway Authority relating directly or indirectly to
11 5 or more toll violations, toll evasions, or both;
12 (8) the person being convicted of a violation of
13 Section 4-102 of this Code, if the person presents a
14 certified copy of a court order that includes a finding
15 that the person did not exercise actual physical control
16 of the vehicle at the time of the violation; or
17 (9) the person being convicted of criminal trespass to
18 vehicles under Section 21-2 of the Criminal Code of 2012,
19 if the person presents a certified copy of a court order
20 that includes a finding that the person did not exercise
21 actual physical control of the vehicle at the time of the
22 violation.
23 (b) As soon as practicable and no later than July 1, 2021,
24the Secretary shall rescind the suspension, cancellation, or
25prohibition of renewal of a person's driver's license that has
26been suspended, canceled, or whose renewal has been prohibited

HB4697- 141 -LRB103 35722 RLC 65802 b
1before the effective date of this amendatory Act of the 101st
2General Assembly due to the person having failed to pay any
3fine or penalty for traffic violations, automated traffic law
4enforcement system violations as defined in Sections 11-208.6,
5and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle
6fees.
7(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21;
8102-558, eff. 8-20-21.)
9 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
10 Sec. 11-208.3. Administrative adjudication of violations
11of traffic regulations concerning the standing, parking, or
12condition of vehicles, automated traffic law violations, and
13automated speed enforcement system violations.
14 (a) Any municipality or county may provide by ordinance
15for a system of administrative adjudication of vehicular
16standing and parking violations and vehicle compliance
17violations as described in this subsection, automated traffic
18law violations as defined in Section 11-208.6, 11-208.9, or
1911-1201.1, and automated speed enforcement system violations
20as defined in Section 11-208.8. The administrative system
21shall have as its purpose the fair and efficient enforcement
22of municipal or county regulations through the administrative
23adjudication of automated speed enforcement system or
24automated traffic law violations and violations of municipal
25or county ordinances regulating the standing and parking of

HB4697- 142 -LRB103 35722 RLC 65802 b
1vehicles, the condition and use of vehicle equipment, and the
2display of municipal or county wheel tax licenses within the
3municipality's or county's borders. The administrative system
4shall only have authority to adjudicate civil offenses
5carrying fines not in excess of $500 or requiring the
6completion of a traffic education program, or both, that occur
7after the effective date of the ordinance adopting such a
8system under this Section. For purposes of this Section,
9"compliance violation" means a violation of a municipal or
10county regulation governing the condition or use of equipment
11on a vehicle or governing the display of a municipal or county
12wheel tax license.
13 (b) Any ordinance establishing a system of administrative
14adjudication under this Section shall provide for:
15 (1) A traffic compliance administrator authorized to
16 adopt, distribute, and process parking, compliance, and
17 automated speed enforcement system or automated traffic
18 law violation notices and other notices required by this
19 Section, collect money paid as fines and penalties for
20 violation of parking and compliance ordinances and
21 automated speed enforcement system or automated traffic
22 law violations, and operate an administrative adjudication
23 system. The traffic compliance administrator also may make
24 a certified report to the Secretary of State under Section
25 6-306.5-1.
26 (2) A parking, standing, compliance, automated speed

HB4697- 143 -LRB103 35722 RLC 65802 b
1 enforcement system, or automated traffic law violation
2 notice that shall specify or include the date, time, and
3 place of violation of a parking, standing, compliance,
4 automated speed enforcement system, or automated traffic
5 law regulation; the particular regulation violated; any
6 requirement to complete a traffic education program; the
7 fine and any penalty that may be assessed for late payment
8 or failure to complete a required traffic education
9 program, or both, when so provided by ordinance; the
10 vehicle make or a photograph of the vehicle; the state
11 registration number of the vehicle; and the identification
12 number of the person issuing the notice. With regard to
13 automated speed enforcement system or automated traffic
14 law violations, vehicle make shall be specified on the
15 automated speed enforcement system or automated traffic
16 law violation notice if the notice does not include a
17 photograph of the vehicle and the make is available and
18 readily discernible. With regard to municipalities or
19 counties with a population of 1 million or more, it shall
20 be grounds for dismissal of a parking violation if the
21 state registration number or vehicle make specified is
22 incorrect. The violation notice shall state that the
23 completion of any required traffic education program, the
24 payment of any indicated fine, and the payment of any
25 applicable penalty for late payment or failure to complete
26 a required traffic education program, or both, shall

HB4697- 144 -LRB103 35722 RLC 65802 b
1 operate as a final disposition of the violation. The
2 notice also shall contain information as to the
3 availability of a hearing in which the violation may be
4 contested on its merits. The violation notice shall
5 specify the time and manner in which a hearing may be had.
6 (3) Service of a parking, standing, or compliance
7 violation notice by: (i) affixing the original or a
8 facsimile of the notice to an unlawfully parked or
9 standing vehicle; (ii) handing the notice to the operator
10 of a vehicle if he or she is present; or (iii) mailing the
11 notice to the address of the registered owner or lessee of
12 the cited vehicle as recorded with the Secretary of State
13 or the lessor of the motor vehicle within 30 days after the
14 Secretary of State or the lessor of the motor vehicle
15 notifies the municipality or county of the identity of the
16 owner or lessee of the vehicle, but not later than 90 days
17 after the date of the violation, except that in the case of
18 a lessee of a motor vehicle, service of a parking,
19 standing, or compliance violation notice may occur no
20 later than 210 days after the violation; and service of an
21 automated speed enforcement system or automated traffic
22 law violation notice by mail to the address of the
23 registered owner or lessee of the cited vehicle as
24 recorded with the Secretary of State or the lessor of the
25 motor vehicle within 30 days after the Secretary of State
26 or the lessor of the motor vehicle notifies the

HB4697- 145 -LRB103 35722 RLC 65802 b
1 municipality or county of the identity of the owner or
2 lessee of the vehicle, but not later than 90 days after the
3 violation, except that in the case of a lessee of a motor
4 vehicle, service of an automated traffic law violation
5 notice may occur no later than 210 days after the
6 violation. A person authorized by ordinance to issue and
7 serve parking, standing, and compliance violation notices
8 shall certify as to the correctness of the facts entered
9 on the violation notice by signing his or her name to the
10 notice at the time of service or, in the case of a notice
11 produced by a computerized device, by signing a single
12 certificate to be kept by the traffic compliance
13 administrator attesting to the correctness of all notices
14 produced by the device while it was under his or her
15 control. In the case of an automated traffic law
16 violation, the ordinance shall require a determination by
17 a technician employed or contracted by the municipality or
18 county that, based on inspection of recorded images, the
19 motor vehicle was being operated in violation of Section
20 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
21 the technician determines that the vehicle entered the
22 intersection as part of a funeral procession or in order
23 to yield the right-of-way to an emergency vehicle, a
24 citation shall not be issued. In municipalities with a
25 population of less than 1,000,000 inhabitants and counties
26 with a population of less than 3,000,000 inhabitants, the

HB4697- 146 -LRB103 35722 RLC 65802 b
1 automated traffic law ordinance shall require that all
2 determinations by a technician that a motor vehicle was
3 being operated in violation of Section 11-208.6, 11-208.9,
4 or 11-1201.1 or a local ordinance must be reviewed and
5 approved by a law enforcement officer or retired law
6 enforcement officer of the municipality or county issuing
7 the violation. In municipalities with a population of
8 1,000,000 or more inhabitants and counties with a
9 population of 3,000,000 or more inhabitants, the automated
10 traffic law ordinance shall require that all
11 determinations by a technician that a motor vehicle was
12 being operated in violation of Section 11-208.6, 11-208.9,
13 or 11-1201.1 or a local ordinance must be reviewed and
14 approved by a law enforcement officer or retired law
15 enforcement officer of the municipality or county issuing
16 the violation or by an additional fully trained reviewing
17 technician who is not employed by the contractor who
18 employs the technician who made the initial determination.
19 In the case of an automated speed enforcement system
20 violation, the ordinance shall require a determination by
21 a technician employed by the municipality, based upon an
22 inspection of recorded images, video or other
23 documentation, including documentation of the speed limit
24 and automated speed enforcement signage, and documentation
25 of the inspection, calibration, and certification of the
26 speed equipment, that the vehicle was being operated in

HB4697- 147 -LRB103 35722 RLC 65802 b
1 violation of Article VI of Chapter 11 of this Code or a
2 similar local ordinance. If the technician determines that
3 the vehicle speed was not determined by a calibrated,
4 certified speed equipment device based upon the speed
5 equipment documentation, or if the vehicle was an
6 emergency vehicle, a citation may not be issued. The
7 automated speed enforcement ordinance shall require that
8 all determinations by a technician that a violation
9 occurred be reviewed and approved by a law enforcement
10 officer or retired law enforcement officer of the
11 municipality issuing the violation or by an additional
12 fully trained reviewing technician who is not employed by
13 the contractor who employs the technician who made the
14 initial determination. Routine and independent calibration
15 of the speeds produced by automated speed enforcement
16 systems and equipment shall be conducted annually by a
17 qualified technician. Speeds produced by an automated
18 speed enforcement system shall be compared with speeds
19 produced by lidar or other independent equipment. Radar or
20 lidar equipment shall undergo an internal validation test
21 no less frequently than once each week. Qualified
22 technicians shall test loop-based equipment no less
23 frequently than once a year. Radar equipment shall be
24 checked for accuracy by a qualified technician when the
25 unit is serviced, when unusual or suspect readings
26 persist, or when deemed necessary by a reviewing

HB4697- 148 -LRB103 35722 RLC 65802 b
1 technician. Radar equipment shall be checked with the
2 internal frequency generator and the internal circuit test
3 whenever the radar is turned on. Technicians must be alert
4 for any unusual or suspect readings, and if unusual or
5 suspect readings of a radar unit persist, that unit shall
6 immediately be removed from service and not returned to
7 service until it has been checked by a qualified
8 technician and determined to be functioning properly.
9 Documentation of the annual calibration results, including
10 the equipment tested, test date, technician performing the
11 test, and test results, shall be maintained and available
12 for use in the determination of an automated speed
13 enforcement system violation and issuance of a citation.
14 The technician performing the calibration and testing of
15 the automated speed enforcement equipment shall be trained
16 and certified in the use of equipment for speed
17 enforcement purposes. Training on the speed enforcement
18 equipment may be conducted by law enforcement, civilian,
19 or manufacturer's personnel and if applicable may be
20 equivalent to the equipment use and operations training
21 included in the Speed Measuring Device Operator Program
22 developed by the National Highway Traffic Safety
23 Administration (NHTSA). The vendor or technician who
24 performs the work shall keep accurate records on each
25 piece of equipment the technician calibrates and tests. As
26 used in this paragraph, "fully trained reviewing

HB4697- 149 -LRB103 35722 RLC 65802 b
1 technician" means a person who has received at least 40
2 hours of supervised training in subjects which shall
3 include image inspection and interpretation, the elements
4 necessary to prove a violation, license plate
5 identification, and traffic safety and management. In all
6 municipalities and counties, the automated speed
7 enforcement system or automated traffic law ordinance
8 shall require that no additional fee shall be charged to
9 the alleged violator for exercising his or her right to an
10 administrative hearing, and persons shall be given at
11 least 25 days following an administrative hearing to pay
12 any civil penalty imposed by a finding that Section
13 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
14 local ordinance has been violated. The original or a
15 facsimile of the violation notice or, in the case of a
16 notice produced by a computerized device, a printed record
17 generated by the device showing the facts entered on the
18 notice, shall be retained by the traffic compliance
19 administrator, and shall be a record kept in the ordinary
20 course of business. A parking, standing, compliance,
21 automated speed enforcement system, or automated traffic
22 law violation notice issued, signed, and served in
23 accordance with this Section, a copy of the notice, or the
24 computer-generated record shall be prima facie correct and
25 shall be prima facie evidence of the correctness of the
26 facts shown on the notice. The notice, copy, or

HB4697- 150 -LRB103 35722 RLC 65802 b
1 computer-generated record shall be admissible in any
2 subsequent administrative or legal proceedings.
3 (4) An opportunity for a hearing for the registered
4 owner of the vehicle cited in the parking, standing,
5 compliance, automated speed enforcement system, or
6 automated traffic law violation notice in which the owner
7 may contest the merits of the alleged violation, and
8 during which formal or technical rules of evidence shall
9 not apply; provided, however, that under Section 11-1306
10 of this Code the lessee of a vehicle cited in the violation
11 notice likewise shall be provided an opportunity for a
12 hearing of the same kind afforded the registered owner.
13 The hearings shall be recorded, and the person conducting
14 the hearing on behalf of the traffic compliance
15 administrator shall be empowered to administer oaths and
16 to secure by subpoena both the attendance and testimony of
17 witnesses and the production of relevant books and papers.
18 Persons appearing at a hearing under this Section may be
19 represented by counsel at their expense. The ordinance may
20 also provide for internal administrative review following
21 the decision of the hearing officer.
22 (5) Service of additional notices, sent by first class
23 United States mail, postage prepaid, to the address of the
24 registered owner of the cited vehicle as recorded with the
25 Secretary of State or, if any notice to that address is
26 returned as undeliverable, to the last known address

HB4697- 151 -LRB103 35722 RLC 65802 b
1 recorded in a United States Post Office approved database,
2 or, under Section 11-1306 or subsection (p) of Section
3 11-208.6 or 11-208.9, or subsection (p) of Section
4 11-208.8 of this Code, to the lessee of the cited vehicle
5 at the last address known to the lessor of the cited
6 vehicle at the time of lease or, if any notice to that
7 address is returned as undeliverable, to the last known
8 address recorded in a United States Post Office approved
9 database. The service shall be deemed complete as of the
10 date of deposit in the United States mail. The notices
11 shall be in the following sequence and shall include, but
12 not be limited to, the information specified herein:
13 (i) A second notice of parking, standing, or
14 compliance violation if the first notice of the
15 violation was issued by affixing the original or a
16 facsimile of the notice to the unlawfully parked
17 vehicle or by handing the notice to the operator. This
18 notice shall specify or include the date and location
19 of the violation cited in the parking, standing, or
20 compliance violation notice, the particular regulation
21 violated, the vehicle make or a photograph of the
22 vehicle, the state registration number of the vehicle,
23 any requirement to complete a traffic education
24 program, the fine and any penalty that may be assessed
25 for late payment or failure to complete a traffic
26 education program, or both, when so provided by

HB4697- 152 -LRB103 35722 RLC 65802 b
1 ordinance, the availability of a hearing in which the
2 violation may be contested on its merits, and the time
3 and manner in which the hearing may be had. The notice
4 of violation shall also state that failure to complete
5 a required traffic education program, to pay the
6 indicated fine and any applicable penalty, or to
7 appear at a hearing on the merits in the time and
8 manner specified, will result in a final determination
9 of violation liability for the cited violation in the
10 amount of the fine or penalty indicated, and that,
11 upon the occurrence of a final determination of
12 violation liability for the failure, and the
13 exhaustion of, or failure to exhaust, available
14 administrative or judicial procedures for review, any
15 incomplete traffic education program or any unpaid
16 fine or penalty, or both, will constitute a debt due
17 and owing the municipality or county.
18 (ii) A notice of final determination of parking,
19 standing, compliance, automated speed enforcement
20 system, or automated traffic law violation liability.
21 This notice shall be sent following a final
22 determination of parking, standing, compliance,
23 automated speed enforcement system, or automated
24 traffic law violation liability and the conclusion of
25 judicial review procedures taken under this Section.
26 The notice shall state that the incomplete traffic

HB4697- 153 -LRB103 35722 RLC 65802 b
1 education program or the unpaid fine or penalty, or
2 both, is a debt due and owing the municipality or
3 county. The notice shall contain warnings that failure
4 to complete any required traffic education program or
5 to pay any fine or penalty due and owing the
6 municipality or county, or both, within the time
7 specified may result in the municipality's or county's
8 filing of a petition in the Circuit Court to have the
9 incomplete traffic education program or unpaid fine or
10 penalty, or both, rendered a judgment as provided by
11 this Section, or, where applicable, may result in
12 suspension of the person's driver's license for
13 failure to complete a traffic education program or to
14 pay fines or penalties, or both, for 5 or more
15 automated traffic law violations under Section
16 11-208.6 or 11-208.9 or automated speed enforcement
17 system violations under Section 11-208.8.
18 (6) A notice of impending driver's license suspension.
19 This notice shall be sent to the person liable for failure
20 to complete a required traffic education program or to pay
21 any fine or penalty that remains due and owing, or both, on
22 5 or more unpaid automated speed enforcement system or
23 automated traffic law violations. The notice shall state
24 that failure to complete a required traffic education
25 program or to pay the fine or penalty owing, or both,
26 within 45 days of the notice's date will result in the

HB4697- 154 -LRB103 35722 RLC 65802 b
1 municipality or county notifying the Secretary of State
2 that the person is eligible for initiation of suspension
3 proceedings under Section 6-306.5-1 6-306.5 of this Code.
4 The notice shall also state that the person may obtain a
5 photostatic copy of an original ticket imposing a fine or
6 penalty by sending a self-addressed, stamped envelope to
7 the municipality or county along with a request for the
8 photostatic copy. The notice of impending driver's license
9 suspension shall be sent by first class United States
10 mail, postage prepaid, to the address recorded with the
11 Secretary of State or, if any notice to that address is
12 returned as undeliverable, to the last known address
13 recorded in a United States Post Office approved database.
14 (7) Final determinations of violation liability. A
15 final determination of violation liability shall occur
16 following failure to complete the required traffic
17 education program or to pay the fine or penalty, or both,
18 after a hearing officer's determination of violation
19 liability and the exhaustion of or failure to exhaust any
20 administrative review procedures provided by ordinance.
21 Where a person fails to appear at a hearing to contest the
22 alleged violation in the time and manner specified in a
23 prior mailed notice, the hearing officer's determination
24 of violation liability shall become final: (A) upon denial
25 of a timely petition to set aside that determination, or
26 (B) upon expiration of the period for filing the petition

HB4697- 155 -LRB103 35722 RLC 65802 b
1 without a filing having been made.
2 (8) A petition to set aside a determination of
3 parking, standing, compliance, automated speed enforcement
4 system, or automated traffic law violation liability that
5 may be filed by a person owing an unpaid fine or penalty. A
6 petition to set aside a determination of liability may
7 also be filed by a person required to complete a traffic
8 education program. The petition shall be filed with and
9 ruled upon by the traffic compliance administrator in the
10 manner and within the time specified by ordinance. The
11 grounds for the petition may be limited to: (A) the person
12 not having been the owner or lessee of the cited vehicle on
13 the date the violation notice was issued, (B) the person
14 having already completed the required traffic education
15 program or paid the fine or penalty, or both, for the
16 violation in question, and (C) excusable failure to appear
17 at or request a new date for a hearing. With regard to
18 municipalities or counties with a population of 1 million
19 or more, it shall be grounds for dismissal of a parking
20 violation if the state registration number or vehicle
21 make, only if specified in the violation notice, is
22 incorrect. After the determination of parking, standing,
23 compliance, automated speed enforcement system, or
24 automated traffic law violation liability has been set
25 aside upon a showing of just cause, the registered owner
26 shall be provided with a hearing on the merits for that

HB4697- 156 -LRB103 35722 RLC 65802 b
1 violation.
2 (9) Procedures for non-residents. Procedures by which
3 persons who are not residents of the municipality or
4 county may contest the merits of the alleged violation
5 without attending a hearing.
6 (10) A schedule of civil fines for violations of
7 vehicular standing, parking, compliance, automated speed
8 enforcement system, or automated traffic law regulations
9 enacted by ordinance pursuant to this Section, and a
10 schedule of penalties for late payment of the fines or
11 failure to complete required traffic education programs,
12 provided, however, that the total amount of the fine and
13 penalty for any one violation shall not exceed $250,
14 except as provided in subsection (c) of Section 11-1301.3
15 of this Code.
16 (11) Other provisions as are necessary and proper to
17 carry into effect the powers granted and purposes stated
18 in this Section.
19 (b-5) An automated speed enforcement system or automated
20traffic law ordinance adopted under this Section by a
21municipality or county shall require that the determination to
22issue a citation be vested solely with the municipality or
23county and that such authority may not be delegated to any
24vendor retained by the municipality or county. Any contract or
25agreement violating such a provision in the ordinance is null
26and void.

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1 (c) Any municipality or county establishing vehicular
2standing, parking, compliance, automated speed enforcement
3system, or automated traffic law regulations under this
4Section may also provide by ordinance for a program of vehicle
5immobilization for the purpose of facilitating enforcement of
6those regulations. The program of vehicle immobilization shall
7provide for immobilizing any eligible vehicle upon the public
8way by presence of a restraint in a manner to prevent operation
9of the vehicle. Any ordinance establishing a program of
10vehicle immobilization under this Section shall provide:
11 (1) Criteria for the designation of vehicles eligible
12 for immobilization. A vehicle shall be eligible for
13 immobilization when the registered owner of the vehicle
14 has accumulated the number of incomplete traffic education
15 programs or unpaid final determinations of parking,
16 standing, compliance, automated speed enforcement system,
17 or automated traffic law violation liability, or both, as
18 determined by ordinance.
19 (2) A notice of impending vehicle immobilization and a
20 right to a hearing to challenge the validity of the notice
21 by disproving liability for the incomplete traffic
22 education programs or unpaid final determinations of
23 parking, standing, compliance, automated speed enforcement
24 system, or automated traffic law violation liability, or
25 both, listed on the notice.
26 (3) The right to a prompt hearing after a vehicle has

HB4697- 158 -LRB103 35722 RLC 65802 b
1 been immobilized or subsequently towed without the
2 completion of the required traffic education program or
3 payment of the outstanding fines and penalties on parking,
4 standing, compliance, automated speed enforcement system,
5 or automated traffic law violations, or both, for which
6 final determinations have been issued. An order issued
7 after the hearing is a final administrative decision
8 within the meaning of Section 3-101 of the Code of Civil
9 Procedure.
10 (4) A post immobilization and post-towing notice
11 advising the registered owner of the vehicle of the right
12 to a hearing to challenge the validity of the impoundment.
13 (d) Judicial review of final determinations of parking,
14standing, compliance, automated speed enforcement system, or
15automated traffic law violations and final administrative
16decisions issued after hearings regarding vehicle
17immobilization and impoundment made under this Section shall
18be subject to the provisions of the Administrative Review Law.
19 (e) Any fine, penalty, incomplete traffic education
20program, or part of any fine or any penalty remaining unpaid
21after the exhaustion of, or the failure to exhaust,
22administrative remedies created under this Section and the
23conclusion of any judicial review procedures shall be a debt
24due and owing the municipality or county and, as such, may be
25collected in accordance with applicable law. Completion of any
26required traffic education program and payment in full of any

HB4697- 159 -LRB103 35722 RLC 65802 b
1fine or penalty resulting from a standing, parking,
2compliance, automated speed enforcement system, or automated
3traffic law violation shall constitute a final disposition of
4that violation.
5 (f) After the expiration of the period within which
6judicial review may be sought for a final determination of
7parking, standing, compliance, automated speed enforcement
8system, or automated traffic law violation, the municipality
9or county may commence a proceeding in the Circuit Court for
10purposes of obtaining a judgment on the final determination of
11violation. Nothing in this Section shall prevent a
12municipality or county from consolidating multiple final
13determinations of parking, standing, compliance, automated
14speed enforcement system, or automated traffic law violations
15against a person in a proceeding. Upon commencement of the
16action, the municipality or county shall file a certified copy
17or record of the final determination of parking, standing,
18compliance, automated speed enforcement system, or automated
19traffic law violation, which shall be accompanied by a
20certification that recites facts sufficient to show that the
21final determination of violation was issued in accordance with
22this Section and the applicable municipal or county ordinance.
23Service of the summons and a copy of the petition may be by any
24method provided by Section 2-203 of the Code of Civil
25Procedure or by certified mail, return receipt requested,
26provided that the total amount of fines and penalties for

HB4697- 160 -LRB103 35722 RLC 65802 b
1final determinations of parking, standing, compliance,
2automated speed enforcement system, or automated traffic law
3violations does not exceed $2500. If the court is satisfied
4that the final determination of parking, standing, compliance,
5automated speed enforcement system, or automated traffic law
6violation was entered in accordance with the requirements of
7this Section and the applicable municipal or county ordinance,
8and that the registered owner or the lessee, as the case may
9be, had an opportunity for an administrative hearing and for
10judicial review as provided in this Section, the court shall
11render judgment in favor of the municipality or county and
12against the registered owner or the lessee for the amount
13indicated in the final determination of parking, standing,
14compliance, automated speed enforcement system, or automated
15traffic law violation, plus costs. The judgment shall have the
16same effect and may be enforced in the same manner as other
17judgments for the recovery of money.
18 (g) The fee for participating in a traffic education
19program under this Section shall not exceed $25.
20 A low-income individual required to complete a traffic
21education program under this Section who provides proof of
22eligibility for the federal earned income tax credit under
23Section 32 of the Internal Revenue Code or the Illinois earned
24income tax credit under Section 212 of the Illinois Income Tax
25Act shall not be required to pay any fee for participating in a
26required traffic education program.

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1 (h) Notwithstanding any other provision of law to the
2contrary, a person shall not be liable for violations, fees,
3fines, or penalties under this Section during the period in
4which the motor vehicle was stolen or hijacked, as indicated
5in a report to the appropriate law enforcement agency filed in
6a timely manner.
7(Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23;
8103-364, eff. 7-28-23.)
9 (625 ILCS 5/11-208.6)
10 Sec. 11-208.6. Automated traffic law enforcement system.
11 (a) As used in this Section, "automated traffic law
12enforcement system" means a device with one or more motor
13vehicle sensors working in conjunction with a red light signal
14to produce recorded images of motor vehicles entering an
15intersection against a red signal indication in violation of
16Section 11-306 of this Code or a similar provision of a local
17ordinance.
18 An automated traffic law enforcement system is a system,
19in a municipality or county operated by a governmental agency,
20that produces a recorded image of a motor vehicle's violation
21of a provision of this Code or a local ordinance and is
22designed to obtain a clear recorded image of the vehicle and
23the vehicle's license plate. The recorded image must also
24display the time, date, and location of the violation.
25 (b) As used in this Section, "recorded images" means

HB4697- 162 -LRB103 35722 RLC 65802 b
1images recorded by an automated traffic law enforcement system
2on:
3 (1) 2 or more photographs;
4 (2) 2 or more microphotographs;
5 (3) 2 or more electronic images; or
6 (4) a video recording showing the motor vehicle and,
7 on at least one image or portion of the recording, clearly
8 identifying the registration plate or digital registration
9 plate number of the motor vehicle.
10 (b-5) A municipality or county that produces a recorded
11image of a motor vehicle's violation of a provision of this
12Code or a local ordinance must make the recorded images of a
13violation accessible to the alleged violator by providing the
14alleged violator with a website address, accessible through
15the Internet.
16 (c) Except as provided under Section 11-208.8 of this
17Code, a county or municipality, including a home rule county
18or municipality, may not use an automated traffic law
19enforcement system to provide recorded images of a motor
20vehicle for the purpose of recording its speed. Except as
21provided under Section 11-208.8 of this Code, the regulation
22of the use of automated traffic law enforcement systems to
23record vehicle speeds is an exclusive power and function of
24the State. This subsection (c) is a denial and limitation of
25home rule powers and functions under subsection (h) of Section
266 of Article VII of the Illinois Constitution.

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1 (c-5) A county or municipality, including a home rule
2county or municipality, may not use an automated traffic law
3enforcement system to issue violations in instances where the
4motor vehicle comes to a complete stop and does not enter the
5intersection, as defined by Section 1-132 of this Code, during
6the cycle of the red signal indication unless one or more
7pedestrians or bicyclists are present, even if the motor
8vehicle stops at a point past a stop line or crosswalk where a
9driver is required to stop, as specified in subsection (c) of
10Section 11-306 of this Code or a similar provision of a local
11ordinance.
12 (c-6) A county, or a municipality with less than 2,000,000
13inhabitants, including a home rule county or municipality, may
14not use an automated traffic law enforcement system to issue
15violations in instances where a motorcyclist enters an
16intersection against a red signal indication when the red
17signal fails to change to a green signal within a reasonable
18period of time not less than 120 seconds because of a signal
19malfunction or because the signal has failed to detect the
20arrival of the motorcycle due to the motorcycle's size or
21weight.
22 (d) For each violation of a provision of this Code or a
23local ordinance recorded by an automatic traffic law
24enforcement system, the county or municipality having
25jurisdiction shall issue a written notice of the violation to
26the registered owner of the vehicle as the alleged violator.

HB4697- 164 -LRB103 35722 RLC 65802 b
1The notice shall be delivered to the registered owner of the
2vehicle, by mail, within 30 days after the Secretary of State
3notifies the municipality or county of the identity of the
4owner of the vehicle, but in no event later than 90 days after
5the violation.
6 The notice shall include:
7 (1) the name and address of the registered owner of
8 the vehicle;
9 (2) the registration number of the motor vehicle
10 involved in the violation;
11 (3) the violation charged;
12 (4) the location where the violation occurred;
13 (5) the date and time of the violation;
14 (6) a copy of the recorded images;
15 (7) the amount of the civil penalty imposed and the
16 requirements of any traffic education program imposed and
17 the date by which the civil penalty should be paid and the
18 traffic education program should be completed;
19 (8) a statement that recorded images are evidence of a
20 violation of a red light signal;
21 (9) a warning that failure to pay the civil penalty,
22 to complete a required traffic education program, or to
23 contest liability in a timely manner is an admission of
24 liability and may result in a suspension of the driving
25 privileges of the registered owner of the vehicle;
26 (10) a statement that the person may elect to proceed

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1 by:
2 (A) paying the fine, completing a required traffic
3 education program, or both; or
4 (B) challenging the charge in court, by mail, or
5 by administrative hearing; and
6 (11) a website address, accessible through the
7 Internet, where the person may view the recorded images of
8 the violation.
9 (e) (Blank).
10 (e-1) If a person charged with a traffic violation, as a
11result of an automated traffic law enforcement system, does
12not pay the fine or complete a required traffic education
13program, or both, or successfully contest the civil penalty
14resulting from that violation, the Secretary of State shall
15suspend the driving privileges of the registered owner of the
16vehicle under Section 6-306.5-1 of this Code for failing to
17complete a required traffic education program or to pay any
18fine or penalty due and owing, or both, as a result of a
19combination of 5 violations of the automated traffic law
20enforcement system or the automated speed enforcement system
21under Section 11-208.8 of this Code.
22 (f) Based on inspection of recorded images produced by an
23automated traffic law enforcement system, a notice alleging
24that the violation occurred shall be evidence of the facts
25contained in the notice and admissible in any proceeding
26alleging a violation under this Section.

HB4697- 166 -LRB103 35722 RLC 65802 b
1 (g) Recorded images made by an automatic traffic law
2enforcement system are confidential and shall be made
3available only to the alleged violator and governmental and
4law enforcement agencies for purposes of adjudicating a
5violation of this Section, for statistical purposes, or for
6other governmental purposes. Any recorded image evidencing a
7violation of this Section, however, may be admissible in any
8proceeding resulting from the issuance of the citation.
9 (h) The court or hearing officer may consider in defense
10of a violation:
11 (1) that the motor vehicle or registration plates or
12 digital registration plates of the motor vehicle were
13 stolen before the violation occurred and not under the
14 control of or in the possession of the owner or lessee at
15 the time of the violation;
16 (1.5) that the motor vehicle was hijacked before the
17 violation occurred and not under the control of or in the
18 possession of the owner or lessee at the time of the
19 violation;
20 (2) that the driver of the vehicle passed through the
21 intersection when the light was red either (i) in order to
22 yield the right-of-way to an emergency vehicle or (ii) as
23 part of a funeral procession; and
24 (3) any other evidence or issues provided by municipal
25 or county ordinance.
26 (i) To demonstrate that the motor vehicle was hijacked or

HB4697- 167 -LRB103 35722 RLC 65802 b
1the motor vehicle or registration plates or digital
2registration plates were stolen before the violation occurred
3and were not under the control or possession of the owner or
4lessee at the time of the violation, the owner or lessee must
5submit proof that a report concerning the motor vehicle or
6registration plates was filed with a law enforcement agency in
7a timely manner.
8 (j) Unless the driver of the motor vehicle received a
9Uniform Traffic Citation from a police officer at the time of
10the violation, the motor vehicle owner is subject to a civil
11penalty not exceeding $100 or the completion of a traffic
12education program, or both, plus an additional penalty of not
13more than $100 for failure to pay the original penalty or to
14complete a required traffic education program, or both, in a
15timely manner, if the motor vehicle is recorded by an
16automated traffic law enforcement system. A violation for
17which a civil penalty is imposed under this Section is not a
18violation of a traffic regulation governing the movement of
19vehicles and may not be recorded on the driving record of the
20owner of the vehicle.
21 (j-3) A registered owner who is a holder of a valid
22commercial driver's license is not required to complete a
23traffic education program.
24 (j-5) For purposes of the required traffic education
25program only, a registered owner may submit an affidavit to
26the court or hearing officer swearing that at the time of the

HB4697- 168 -LRB103 35722 RLC 65802 b
1alleged violation, the vehicle was in the custody and control
2of another person. The affidavit must identify the person in
3custody and control of the vehicle, including the person's
4name and current address. The person in custody and control of
5the vehicle at the time of the violation is required to
6complete the required traffic education program. If the person
7in custody and control of the vehicle at the time of the
8violation completes the required traffic education program,
9the registered owner of the vehicle is not required to
10complete a traffic education program.
11 (k) An intersection equipped with an automated traffic law
12enforcement system must be posted with a sign visible to
13approaching traffic indicating that the intersection is being
14monitored by an automated traffic law enforcement system and
15informing drivers whether, following a stop, a right turn at
16the intersection is permitted or prohibited.
17 (k-3) A municipality or county that has one or more
18intersections equipped with an automated traffic law
19enforcement system must provide notice to drivers by posting
20the locations of automated traffic law systems on the
21municipality or county website.
22 (k-5) An intersection equipped with an automated traffic
23law enforcement system must have a yellow change interval that
24conforms with the Illinois Manual on Uniform Traffic Control
25Devices (IMUTCD) published by the Illinois Department of
26Transportation. Beginning 6 months before it installs an

HB4697- 169 -LRB103 35722 RLC 65802 b
1automated traffic law enforcement system at an intersection, a
2county or municipality may not change the yellow change
3interval at that intersection.
4 (k-7) A municipality or county operating an automated
5traffic law enforcement system shall conduct a statistical
6analysis to assess the safety impact of each automated traffic
7law enforcement system at an intersection following
8installation of the system and every 2 years thereafter. Each
9statistical analysis shall be based upon the best available
10crash, traffic, and other data, and shall cover a period of
11time before and after installation of the system sufficient to
12provide a statistically valid comparison of safety impact.
13Each statistical analysis shall be consistent with
14professional judgment and acceptable industry practice. Each
15statistical analysis also shall be consistent with the data
16required for valid comparisons of before and after conditions
17and shall be conducted within a reasonable period following
18the installation of the automated traffic law enforcement
19system. Each statistical analysis required by this subsection
20(k-7) shall be made available to the public and shall be
21published on the website of the municipality or county. If a
22statistical analysis 36-month indicates that there has been an
23increase in the rate of crashes at the approach to the
24intersection monitored by the system, the municipality or
25county shall undertake additional studies to determine the
26cause and severity of the crashes, and may take any action that

HB4697- 170 -LRB103 35722 RLC 65802 b
1it determines is necessary or appropriate to reduce the number
2or severity of the crashes at that intersection.
3 (k-8) Any municipality or county operating an automated
4traffic law enforcement system before July 28, 2023 (the
5effective date of Public Act 103-364) this amendatory Act of
6the 103rd General Assembly shall conduct a statistical
7analysis to assess the safety impact of each automated traffic
8law enforcement system at an intersection by no later than one
9year after July 28, 2023 (the effective date of Public Act
10103-364 this amendatory Act of the 103rd General Assembly and
11every 2 years thereafter. The statistical analyses shall be
12based upon the best available crash, traffic, and other data,
13and shall cover a period of time before and after installation
14of the system sufficient to provide a statistically valid
15comparison of safety impact. The statistical analyses shall be
16consistent with professional judgment and acceptable industry
17practice. The statistical analyses also shall be consistent
18with the data required for valid comparisons of before and
19after conditions. The statistical analyses required by this
20subsection shall be made available to the public and shall be
21published on the website of the municipality or county. If the
22statistical analysis for any period following installation of
23the system indicates that there has been an increase in the
24rate of accidents at the approach to the intersection
25monitored by the system, the municipality or county shall
26undertake additional studies to determine the cause and

HB4697- 171 -LRB103 35722 RLC 65802 b
1severity of the accidents, and may take any action that it
2determines is necessary or appropriate to reduce the number or
3severity of the accidents at that intersection.
4 (l) The compensation paid for an automated traffic law
5enforcement system must be based on the value of the equipment
6or the services provided and may not be based on the number of
7traffic citations issued or the revenue generated by the
8system.
9 (l-1) No member of the General Assembly and no officer or
10employee of a municipality or county shall knowingly accept
11employment or receive compensation or fees for services from a
12vendor that provides automated traffic law enforcement system
13equipment or services to municipalities or counties. No former
14member of the General Assembly shall, within a period of 2
15years immediately after the termination of service as a member
16of the General Assembly, knowingly accept employment or
17receive compensation or fees for services from a vendor that
18provides automated traffic law enforcement system equipment or
19services to municipalities or counties. No former officer or
20employee of a municipality or county shall, within a period of
212 years immediately after the termination of municipal or
22county employment, knowingly accept employment or receive
23compensation or fees for services from a vendor that provides
24automated traffic law enforcement system equipment or services
25to municipalities or counties.
26 (m) This Section applies only to the counties of Cook,

HB4697- 172 -LRB103 35722 RLC 65802 b
1DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
2to municipalities located within those counties.
3 (n) The fee for participating in a traffic education
4program under this Section shall not exceed $25.
5 A low-income individual required to complete a traffic
6education program under this Section who provides proof of
7eligibility for the federal earned income tax credit under
8Section 32 of the Internal Revenue Code or the Illinois earned
9income tax credit under Section 212 of the Illinois Income Tax
10Act shall not be required to pay any fee for participating in a
11required traffic education program.
12 (o) (Blank).
13 (o-1) A municipality or county shall make a certified
14report to the Secretary of State pursuant to Section 6-306.5-1
15of this Code whenever a registered owner of a vehicle has
16failed to pay any fine or penalty due and owing as a result of
17a combination of 5 offenses for automated traffic law or speed
18enforcement system violations.
19 (p) No person who is the lessor of a motor vehicle pursuant
20to a written lease agreement shall be liable for an automated
21speed or traffic law enforcement system violation involving
22such motor vehicle during the period of the lease; provided
23that upon the request of the appropriate authority received
24within 120 days after the violation occurred, the lessor
25provides within 60 days after such receipt the name and
26address of the lessee. The driver's license number of a lessee

HB4697- 173 -LRB103 35722 RLC 65802 b
1may be subsequently individually requested by the appropriate
2authority if needed for enforcement of this Section.
3 Upon the provision of information by the lessor pursuant
4to this subsection, the county or municipality may issue the
5violation to the lessee of the vehicle in the same manner as it
6would issue a violation to a registered owner of a vehicle
7pursuant to this Section, and the lessee may be held liable for
8the violation.
9 (q) If a county or municipality selects a new vendor for
10its automated traffic law enforcement system and must, as a
11consequence, apply for a permit, approval, or other
12authorization from the Department for reinstallation of one or
13more malfunctioning components of that system and if, at the
14time of the application for the permit, approval, or other
15authorization, the new vendor operates an automated traffic
16law enforcement system for any other county or municipality in
17the State, then the Department shall approve or deny the
18county or municipality's application for the permit, approval,
19or other authorization within 90 days after its receipt.
20 (r) The Department may revoke any permit, approval, or
21other authorization granted to a county or municipality for
22the placement, installation, or operation of an automated
23traffic law enforcement system if any official or employee who
24serves that county or municipality is charged with bribery,
25official misconduct, or a similar crime related to the
26placement, installation, or operation of the automated traffic

HB4697- 174 -LRB103 35722 RLC 65802 b
1law enforcement system in the county or municipality.
2 The Department shall adopt any rules necessary to
3implement and administer this subsection. The rules adopted by
4the Department shall describe the revocation process, shall
5ensure that notice of the revocation is provided, and shall
6provide an opportunity to appeal the revocation. Any county or
7municipality that has a permit, approval, or other
8authorization revoked under this subsection may not reapply
9for such a permit, approval, or other authorization for a
10period of one 1 year after the revocation.
11 (s) If an automated traffic law enforcement system is
12removed or rendered inoperable due to construction, then the
13Department shall authorize the reinstallation or use of the
14automated traffic law enforcement system within 30 days after
15the construction is complete.
16(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
17103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised
189-19-23.)
19 (625 ILCS 5/11-208.8)
20 Sec. 11-208.8. Automated speed enforcement systems in
21safety zones.
22 (a) As used in this Section:
23 "Automated speed enforcement system" means a photographic
24device, radar device, laser device, or other electrical or
25mechanical device or devices installed or utilized in a safety

HB4697- 175 -LRB103 35722 RLC 65802 b
1zone and designed to record the speed of a vehicle and obtain a
2clear photograph or other recorded image of the vehicle and
3the vehicle's registration plate or digital registration plate
4while the driver is violating Article VI of Chapter 11 of this
5Code or a similar provision of a local ordinance.
6 An automated speed enforcement system is a system, located
7in a safety zone which is under the jurisdiction of a
8municipality, that produces a recorded image of a motor
9vehicle's violation of a provision of this Code or a local
10ordinance and is designed to obtain a clear recorded image of
11the vehicle and the vehicle's license plate. The recorded
12image must also display the time, date, and location of the
13violation.
14 "Owner" means the person or entity to whom the vehicle is
15registered.
16 "Recorded image" means images recorded by an automated
17speed enforcement system on:
18 (1) 2 or more photographs;
19 (2) 2 or more microphotographs;
20 (3) 2 or more electronic images; or
21 (4) a video recording showing the motor vehicle and,
22 on at least one image or portion of the recording, clearly
23 identifying the registration plate or digital registration
24 plate number of the motor vehicle.
25 "Safety zone" means an area that is within one-eighth of a
26mile from the nearest property line of any public or private

HB4697- 176 -LRB103 35722 RLC 65802 b
1elementary or secondary school, or from the nearest property
2line of any facility, area, or land owned by a school district
3that is used for educational purposes approved by the Illinois
4State Board of Education, not including school district
5headquarters or administrative buildings. A safety zone also
6includes an area that is within one-eighth of a mile from the
7nearest property line of any facility, area, or land owned by a
8park district used for recreational purposes. However, if any
9portion of a roadway is within either one-eighth mile radius,
10the safety zone also shall include the roadway extended to the
11furthest portion of the next furthest intersection. The term
12"safety zone" does not include any portion of the roadway
13known as Lake Shore Drive or any controlled access highway
14with 8 or more lanes of traffic.
15 (a-5) The automated speed enforcement system shall be
16operational and violations shall be recorded only at the
17following times:
18 (i) if the safety zone is based upon the property line
19 of any facility, area, or land owned by a school district,
20 only on school days and no earlier than 6 a.m. and no later
21 than 8:30 p.m. if the school day is during the period of
22 Monday through Thursday, or 9 p.m. if the school day is a
23 Friday; and
24 (ii) if the safety zone is based upon the property
25 line of any facility, area, or land owned by a park
26 district, no earlier than one hour prior to the time that

HB4697- 177 -LRB103 35722 RLC 65802 b
1 the facility, area, or land is open to the public or other
2 patrons, and no later than one hour after the facility,
3 area, or land is closed to the public or other patrons.
4 (b) A municipality that produces a recorded image of a
5motor vehicle's violation of a provision of this Code or a
6local ordinance must make the recorded images of a violation
7accessible to the alleged violator by providing the alleged
8violator with a website address, accessible through the
9Internet.
10 (c) Notwithstanding any penalties for any other violations
11of this Code, the owner of a motor vehicle used in a traffic
12violation recorded by an automated speed enforcement system
13shall be subject to the following penalties:
14 (1) if the recorded speed is no less than 6 miles per
15 hour and no more than 10 miles per hour over the legal
16 speed limit, a civil penalty not exceeding $50, plus an
17 additional penalty of not more than $50 for failure to pay
18 the original penalty in a timely manner; or
19 (2) if the recorded speed is more than 10 miles per
20 hour over the legal speed limit, a civil penalty not
21 exceeding $100, plus an additional penalty of not more
22 than $100 for failure to pay the original penalty in a
23 timely manner.
24 A penalty may not be imposed under this Section if the
25driver of the motor vehicle received a Uniform Traffic
26Citation from a police officer for a speeding violation

HB4697- 178 -LRB103 35722 RLC 65802 b
1occurring within one-eighth of a mile and 15 minutes of the
2violation that was recorded by the system. A violation for
3which a civil penalty is imposed under this Section is not a
4violation of a traffic regulation governing the movement of
5vehicles and may not be recorded on the driving record of the
6owner of the vehicle. A law enforcement officer is not
7required to be present or to witness the violation. No penalty
8may be imposed under this Section if the recorded speed of a
9vehicle is 5 miles per hour or less over the legal speed limit.
10The municipality may send, in the same manner that notices are
11sent under this Section, a speed violation warning notice
12where the violation involves a speed of 5 miles per hour or
13less above the legal speed limit.
14 (d) The net proceeds that a municipality receives from
15civil penalties imposed under an automated speed enforcement
16system, after deducting all non-personnel and personnel costs
17associated with the operation and maintenance of such system,
18shall be expended or obligated by the municipality for the
19following purposes:
20 (i) public safety initiatives to ensure safe passage
21 around schools, and to provide police protection and
22 surveillance around schools and parks, including but not
23 limited to: (1) personnel costs; and (2) non-personnel
24 costs such as construction and maintenance of public
25 safety infrastructure and equipment;
26 (ii) initiatives to improve pedestrian and traffic

HB4697- 179 -LRB103 35722 RLC 65802 b
1 safety;
2 (iii) construction and maintenance of infrastructure
3 within the municipality, including but not limited to
4 roads and bridges; and
5 (iv) after school programs.
6 (e) For each violation of a provision of this Code or a
7local ordinance recorded by an automated speed enforcement
8system, the municipality having jurisdiction shall issue a
9written notice of the violation to the registered owner of the
10vehicle as the alleged violator. The notice shall be delivered
11to the registered owner of the vehicle, by mail, within 30 days
12after the Secretary of State notifies the municipality of the
13identity of the owner of the vehicle, but in no event later
14than 90 days after the violation.
15 (f) The notice required under subsection (e) of this
16Section shall include:
17 (1) the name and address of the registered owner of
18 the vehicle;
19 (2) the registration number of the motor vehicle
20 involved in the violation;
21 (3) the violation charged;
22 (4) the date, time, and location where the violation
23 occurred;
24 (5) a copy of the recorded image or images;
25 (6) the amount of the civil penalty imposed and the
26 date by which the civil penalty should be paid;

HB4697- 180 -LRB103 35722 RLC 65802 b
1 (7) a statement that recorded images are evidence of a
2 violation of a speed restriction;
3 (8) a warning that failure to pay the civil penalty or
4 to contest liability in a timely manner is an admission of
5 liability and may result in a suspension of the driving
6 privileges of the registered owner of the vehicle;
7 (9) a statement that the person may elect to proceed
8 by:
9 (A) paying the fine; or
10 (B) challenging the charge in court, by mail, or
11 by administrative hearing; and
12 (10) a website address, accessible through the
13 Internet, where the person may view the recorded images of
14 the violation.
15 (g) (Blank).
16 (g-1) If a person charged with a traffic violation, as a
17result of an automated speed enforcement system, does not pay
18the fine or successfully contest the civil penalty resulting
19from that violation, the Secretary of State shall suspend the
20driving privileges of the registered owner of the vehicle
21under Section 6-306.5-1 of this Code for failing to pay any
22fine or penalty due and owing, or both, as a result of a
23combination of 5 violations of the automated speed enforcement
24system or the automated traffic law under Section 11-208.6 of
25this Code.
26 (h) Based on inspection of recorded images produced by an

HB4697- 181 -LRB103 35722 RLC 65802 b
1automated speed enforcement system, a notice alleging that the
2violation occurred shall be evidence of the facts contained in
3the notice and admissible in any proceeding alleging a
4violation under this Section.
5 (i) Recorded images made by an automated speed enforcement
6system are confidential and shall be made available only to
7the alleged violator and governmental and law enforcement
8agencies for purposes of adjudicating a violation of this
9Section, for statistical purposes, or for other governmental
10purposes. Any recorded image evidencing a violation of this
11Section, however, may be admissible in any proceeding
12resulting from the issuance of the citation.
13 (j) The court or hearing officer may consider in defense
14of a violation:
15 (1) that the motor vehicle or registration plates or
16 digital registration plates of the motor vehicle were
17 stolen before the violation occurred and not under the
18 control or in the possession of the owner or lessee at the
19 time of the violation;
20 (1.5) that the motor vehicle was hijacked before the
21 violation occurred and not under the control of or in the
22 possession of the owner or lessee at the time of the
23 violation;
24 (2) that the driver of the motor vehicle received a
25 Uniform Traffic Citation from a police officer for a
26 speeding violation occurring within one-eighth of a mile

HB4697- 182 -LRB103 35722 RLC 65802 b
1 and 15 minutes of the violation that was recorded by the
2 system; and
3 (3) any other evidence or issues provided by municipal
4 ordinance.
5 (k) To demonstrate that the motor vehicle was hijacked or
6the motor vehicle or registration plates or digital
7registration plates were stolen before the violation occurred
8and were not under the control or possession of the owner or
9lessee at the time of the violation, the owner or lessee must
10submit proof that a report concerning the motor vehicle or
11registration plates was filed with a law enforcement agency in
12a timely manner.
13 (l) A roadway equipped with an automated speed enforcement
14system shall be posted with a sign conforming to the national
15Manual on Uniform Traffic Control Devices that is visible to
16approaching traffic stating that vehicle speeds are being
17photo-enforced and indicating the speed limit. The
18municipality shall install such additional signage as it
19determines is necessary to give reasonable notice to drivers
20as to where automated speed enforcement systems are installed.
21 (m) A roadway where a new automated speed enforcement
22system is installed shall be posted with signs providing 30
23days notice of the use of a new automated speed enforcement
24system prior to the issuance of any citations through the
25automated speed enforcement system.
26 (n) The compensation paid for an automated speed

HB4697- 183 -LRB103 35722 RLC 65802 b
1enforcement system must be based on the value of the equipment
2or the services provided and may not be based on the number of
3traffic citations issued or the revenue generated by the
4system.
5 (n-1) No member of the General Assembly and no officer or
6employee of a municipality or county shall knowingly accept
7employment or receive compensation or fees for services from a
8vendor that provides automated speed enforcement system
9equipment or services to municipalities or counties. No former
10member of the General Assembly shall, within a period of 2
11years immediately after the termination of service as a member
12of the General Assembly, knowingly accept employment or
13receive compensation or fees for services from a vendor that
14provides automated speed enforcement system equipment or
15services to municipalities or counties. No former officer or
16employee of a municipality or county shall, within a period of
172 years immediately after the termination of municipal or
18county employment, knowingly accept employment or receive
19compensation or fees for services from a vendor that provides
20automated speed enforcement system equipment or services to
21municipalities or counties.
22 (o) (Blank).
23 (o-1) A municipality shall make a certified report to the
24Secretary of State pursuant to Section 6-306.5-1 of this Code
25whenever a registered owner of a vehicle has failed to pay any
26fine or penalty due and owing as a result of a combination of 5

HB4697- 184 -LRB103 35722 RLC 65802 b
1offenses for automated speed or traffic law enforcement system
2violations.
3 (p) No person who is the lessor of a motor vehicle pursuant
4to a written lease agreement shall be liable for an automated
5speed or traffic law enforcement system violation involving
6such motor vehicle during the period of the lease; provided
7that upon the request of the appropriate authority received
8within 120 days after the violation occurred, the lessor
9provides within 60 days after such receipt the name and
10address of the lessee. The driver's drivers license number of
11a lessee may be subsequently individually requested by the
12appropriate authority if needed for enforcement of this
13Section.
14 Upon the provision of information by the lessor pursuant
15to this subsection, the municipality may issue the violation
16to the lessee of the vehicle in the same manner as it would
17issue a violation to a registered owner of a vehicle pursuant
18to this Section, and the lessee may be held liable for the
19violation.
20 (q) A municipality using an automated speed enforcement
21system must provide notice to drivers by publishing the
22locations of all safety zones where system equipment is
23installed on the website of the municipality.
24 (r) A municipality operating an automated speed
25enforcement system shall conduct a statistical analysis to
26assess the safety impact of the system following installation

HB4697- 185 -LRB103 35722 RLC 65802 b
1of the system and every 2 years thereafter. A municipality
2operating an automated speed enforcement system before the
3effective date of this amendatory Act of the 103rd General
4Assembly shall conduct a statistical analysis to assess the
5safety impact of the system by no later than one year after the
6effective date of this amendatory Act of the 103rd General
7Assembly and every 2 years thereafter. Each statistical
8analysis shall be based upon the best available crash,
9traffic, and other data, and shall cover a period of time
10before and after installation of the system sufficient to
11provide a statistically valid comparison of safety impact.
12Each statistical analysis shall be consistent with
13professional judgment and acceptable industry practice. Each
14statistical analysis also shall be consistent with the data
15required for valid comparisons of before and after conditions
16and shall be conducted within a reasonable period following
17the installation of the automated traffic law enforcement
18system. Each statistical analysis required by this subsection
19shall be made available to the public and shall be published on
20the website of the municipality.
21 (s) This Section applies only to municipalities with a
22population of 1,000,000 or more inhabitants.
23 (t) If a county or municipality selects a new vendor for
24its automated speed enforcement system and must, as a
25consequence, apply for a permit, approval, or other
26authorization from the Department for reinstallation of one or

HB4697- 186 -LRB103 35722 RLC 65802 b
1more malfunctioning components of that system and if, at the
2time of the application for the permit, approval, or other
3authorization, the new vendor operates an automated speed
4enforcement system for any other county or municipality in the
5State, then the Department shall approve or deny the county or
6municipality's application for the permit, approval, or other
7authorization within 90 days after its receipt.
8 (u) The Department may revoke any permit, approval, or
9other authorization granted to a county or municipality for
10the placement, installation, or operation of an automated
11speed enforcement system if any official or employee who
12serves that county or municipality is charged with bribery,
13official misconduct, or a similar crime related to the
14placement, installation, or operation of the automated speed
15enforcement system in the county or municipality.
16 The Department shall adopt any rules necessary to
17implement and administer this subsection. The rules adopted by
18the Department shall describe the revocation process, shall
19ensure that notice of the revocation is provided, and shall
20provide an opportunity to appeal the revocation. Any county or
21municipality that has a permit, approval, or other
22authorization revoked under this subsection may not reapply
23for such a permit, approval, or other authorization for a
24period of 1 year after the revocation.
25(Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)

HB4697- 187 -LRB103 35722 RLC 65802 b
1 (625 ILCS 5/11-208.9)
2 Sec. 11-208.9. Automated traffic law enforcement system;
3approaching, overtaking, and passing a school bus.
4 (a) As used in this Section, "automated traffic law
5enforcement system" means a device with one or more motor
6vehicle sensors working in conjunction with the visual signals
7on a school bus, as specified in Sections 12-803 and 12-805 of
8this Code, to produce recorded images of motor vehicles that
9fail to stop before meeting or overtaking, from either
10direction, any school bus stopped at any location for the
11purpose of receiving or discharging pupils in violation of
12Section 11-1414 of this Code or a similar provision of a local
13ordinance.
14 An automated traffic law enforcement system is a system,
15in a municipality or county operated by a governmental agency,
16that produces a recorded image of a motor vehicle's violation
17of a provision of this Code or a local ordinance and is
18designed to obtain a clear recorded image of the vehicle and
19the vehicle's license plate. The recorded image must also
20display the time, date, and location of the violation.
21 (b) As used in this Section, "recorded images" means
22images recorded by an automated traffic law enforcement system
23on:
24 (1) 2 or more photographs;
25 (2) 2 or more microphotographs;
26 (3) 2 or more electronic images; or

HB4697- 188 -LRB103 35722 RLC 65802 b
1 (4) a video recording showing the motor vehicle and,
2 on at least one image or portion of the recording, clearly
3 identifying the registration plate or digital registration
4 plate number of the motor vehicle.
5 (c) A municipality or county that produces a recorded
6image of a motor vehicle's violation of a provision of this
7Code or a local ordinance must make the recorded images of a
8violation accessible to the alleged violator by providing the
9alleged violator with a website address, accessible through
10the Internet.
11 (d) For each violation of a provision of this Code or a
12local ordinance recorded by an automated traffic law
13enforcement system, the county or municipality having
14jurisdiction shall issue a written notice of the violation to
15the registered owner of the vehicle as the alleged violator.
16The notice shall be delivered to the registered owner of the
17vehicle, by mail, within 30 days after the Secretary of State
18notifies the municipality or county of the identity of the
19owner of the vehicle, but in no event later than 90 days after
20the violation.
21 (e) The notice required under subsection (d) shall
22include:
23 (1) the name and address of the registered owner of
24 the vehicle;
25 (2) the registration number of the motor vehicle
26 involved in the violation;

HB4697- 189 -LRB103 35722 RLC 65802 b
1 (3) the violation charged;
2 (4) the location where the violation occurred;
3 (5) the date and time of the violation;
4 (6) a copy of the recorded images;
5 (7) the amount of the civil penalty imposed and the
6 date by which the civil penalty should be paid;
7 (8) a statement that recorded images are evidence of a
8 violation of overtaking or passing a school bus stopped
9 for the purpose of receiving or discharging pupils;
10 (9) a warning that failure to pay the civil penalty or
11 to contest liability in a timely manner is an admission of
12 liability and may result in a suspension of the driving
13 privileges of the registered owner of the vehicle;
14 (10) a statement that the person may elect to proceed
15 by:
16 (A) paying the fine; or
17 (B) challenging the charge in court, by mail, or
18 by administrative hearing; and
19 (11) a website address, accessible through the
20 Internet, where the person may view the recorded images of
21 the violation.
22 (f) (Blank).
23 (f-1) If a person charged with a traffic violation, as a
24result of an automated traffic law enforcement system under
25this Section, does not pay the fine or successfully contest
26the civil penalty resulting from that violation, the Secretary

HB4697- 190 -LRB103 35722 RLC 65802 b
1of State shall suspend the driving privileges of the
2registered owner of the vehicle under Section 6-306.5-1 of
3this Code for failing to pay any fine or penalty due and owing
4as a result of a combination of 5 violations of the automated
5traffic law enforcement system or the automated speed
6enforcement system under Section 11-208.8 of this Code.
7 (g) Based on inspection of recorded images produced by an
8automated traffic law enforcement system, a notice alleging
9that the violation occurred shall be evidence of the facts
10contained in the notice and admissible in any proceeding
11alleging a violation under this Section.
12 (h) Recorded images made by an automated traffic law
13enforcement system are confidential and shall be made
14available only to the alleged violator and governmental and
15law enforcement agencies for purposes of adjudicating a
16violation of this Section, for statistical purposes, or for
17other governmental purposes. Any recorded image evidencing a
18violation of this Section, however, may be admissible in any
19proceeding resulting from the issuance of the citation.
20 (i) The court or hearing officer may consider in defense
21of a violation:
22 (1) that the motor vehicle or registration plates or
23 digital registration plates of the motor vehicle were
24 stolen before the violation occurred and not under the
25 control of or in the possession of the owner or lessee at
26 the time of the violation;

HB4697- 191 -LRB103 35722 RLC 65802 b
1 (1.5) that the motor vehicle was hijacked before the
2 violation occurred and not under the control of or in the
3 possession of the owner or lessee at the time of the
4 violation;
5 (2) that the driver of the motor vehicle received a
6 Uniform Traffic Citation from a police officer for a
7 violation of Section 11-1414 of this Code within
8 one-eighth of a mile and 15 minutes of the violation that
9 was recorded by the system;
10 (3) that the visual signals required by Sections
11 12-803 and 12-805 of this Code were damaged, not
12 activated, not present in violation of Sections 12-803 and
13 12-805, or inoperable; and
14 (4) any other evidence or issues provided by municipal
15 or county ordinance.
16 (j) To demonstrate that the motor vehicle was hijacked or
17the motor vehicle or registration plates or digital
18registration plates were stolen before the violation occurred
19and were not under the control or possession of the owner or
20lessee at the time of the violation, the owner or lessee must
21submit proof that a report concerning the motor vehicle or
22registration plates was filed with a law enforcement agency in
23a timely manner.
24 (k) Unless the driver of the motor vehicle received a
25Uniform Traffic Citation from a police officer at the time of
26the violation, the motor vehicle owner is subject to a civil

HB4697- 192 -LRB103 35722 RLC 65802 b
1penalty not exceeding $150 for a first time violation or $500
2for a second or subsequent violation, plus an additional
3penalty of not more than $100 for failure to pay the original
4penalty in a timely manner, if the motor vehicle is recorded by
5an automated traffic law enforcement system. A violation for
6which a civil penalty is imposed under this Section is not a
7violation of a traffic regulation governing the movement of
8vehicles and may not be recorded on the driving record of the
9owner of the vehicle, but may be recorded by the municipality
10or county for the purpose of determining if a person is subject
11to the higher fine for a second or subsequent offense.
12 (l) A school bus equipped with an automated traffic law
13enforcement system must be posted with a sign indicating that
14the school bus is being monitored by an automated traffic law
15enforcement system.
16 (m) A municipality or county that has one or more school
17buses equipped with an automated traffic law enforcement
18system must provide notice to drivers by posting a list of
19school districts using school buses equipped with an automated
20traffic law enforcement system on the municipality or county
21website. School districts that have one or more school buses
22equipped with an automated traffic law enforcement system must
23provide notice to drivers by posting that information on their
24websites.
25 (n) A municipality or county operating an automated
26traffic law enforcement system shall conduct a statistical

HB4697- 193 -LRB103 35722 RLC 65802 b
1analysis to assess the safety impact in each school district
2using school buses equipped with an automated traffic law
3enforcement system following installation of the system and
4every 2 years thereafter. A municipality or county operating
5an automated speed enforcement system before the effective
6date of this amendatory Act of the 103rd General Assembly
7shall conduct a statistical analysis to assess the safety
8impact of the system by no later than one year after the
9effective date of this amendatory Act of the 103rd General
10Assembly and every 2 years thereafter. Each statistical
11analysis shall be based upon the best available crash,
12traffic, and other data, and shall cover a period of time
13before and after installation of the system sufficient to
14provide a statistically valid comparison of safety impact.
15Each statistical analysis shall be consistent with
16professional judgment and acceptable industry practice. Each
17statistical analysis also shall be consistent with the data
18required for valid comparisons of before and after conditions
19and shall be conducted within a reasonable period following
20the installation of the automated traffic law enforcement
21system. Each statistical analysis required by this subsection
22shall be made available to the public and shall be published on
23the website of the municipality or county. If a statistical
24analysis indicates that there has been an increase in the rate
25of crashes at the approach to school buses monitored by the
26system, the municipality or county shall undertake additional

HB4697- 194 -LRB103 35722 RLC 65802 b
1studies to determine the cause and severity of the crashes,
2and may take any action that it determines is necessary or
3appropriate to reduce the number or severity of the crashes
4involving school buses equipped with an automated traffic law
5enforcement system.
6 (o) The compensation paid for an automated traffic law
7enforcement system must be based on the value of the equipment
8or the services provided and may not be based on the number of
9traffic citations issued or the revenue generated by the
10system.
11 (o-1) No member of the General Assembly and no officer or
12employee of a municipality or county shall knowingly accept
13employment or receive compensation or fees for services from a
14vendor that provides automated traffic law enforcement system
15equipment or services to municipalities or counties. No former
16member of the General Assembly shall, within a period of 2
17years immediately after the termination of service as a member
18of the General Assembly, knowingly accept employment or
19receive compensation or fees for services from a vendor that
20provides automated traffic law enforcement system equipment or
21services to municipalities or counties. No former officer or
22employee of a municipality or county shall, within a period of
232 years immediately after the termination of municipal or
24county employment, knowingly accept employment or receive
25compensation or fees for services from a vendor that provides
26automated traffic law enforcement system equipment or services

HB4697- 195 -LRB103 35722 RLC 65802 b
1to municipalities or counties.
2 (p) No person who is the lessor of a motor vehicle pursuant
3to a written lease agreement shall be liable for an automated
4speed or traffic law enforcement system violation involving
5such motor vehicle during the period of the lease; provided
6that upon the request of the appropriate authority received
7within 120 days after the violation occurred, the lessor
8provides within 60 days after such receipt the name and
9address of the lessee. The driver's license number of a lessee
10may be subsequently individually requested by the appropriate
11authority if needed for enforcement of this Section.
12 Upon the provision of information by the lessor pursuant
13to this subsection, the county or municipality may issue the
14violation to the lessee of the vehicle in the same manner as it
15would issue a violation to a registered owner of a vehicle
16pursuant to this Section, and the lessee may be held liable for
17the violation.
18 (q) (Blank).
19 (q-1) A municipality or county shall make a certified
20report to the Secretary of State pursuant to Section 6-306.5-1
21of this Code whenever a registered owner of a vehicle has
22failed to pay any fine or penalty due and owing as a result of
23a combination of 5 offenses for automated traffic law or speed
24enforcement system violations.
25 (r) After a municipality or county enacts an ordinance
26providing for automated traffic law enforcement systems under

HB4697- 196 -LRB103 35722 RLC 65802 b
1this Section, each school district within that municipality or
2county's jurisdiction may implement an automated traffic law
3enforcement system under this Section. The elected school
4board for that district must approve the implementation of an
5automated traffic law enforcement system. The school district
6shall be responsible for entering into a contract, approved by
7the elected school board of that district, with vendors for
8the installation, maintenance, and operation of the automated
9traffic law enforcement system. The school district must enter
10into an intergovernmental agreement, approved by the elected
11school board of that district, with the municipality or county
12with jurisdiction over that school district for the
13administration of the automated traffic law enforcement
14system. The proceeds from a school district's automated
15traffic law enforcement system's fines shall be divided
16equally between the school district and the municipality or
17county administering the automated traffic law enforcement
18system.
19 (s) If a county or municipality changes the vendor it uses
20for its automated traffic law enforcement system and must, as
21a consequence, apply for a permit, approval, or other
22authorization from the Department for reinstallation of one or
23more malfunctioning components of that system and if, at the
24time of the application, the new vendor operates an automated
25traffic law enforcement system for any other county or
26municipality in the State, then the Department shall approve

HB4697- 197 -LRB103 35722 RLC 65802 b
1or deny the county or municipality's application for that
2permit, approval, or other authorization within 90 days after
3its receipt.
4 (t) The Department may revoke any permit, approval, or
5other authorization granted to a county or municipality for
6the placement, installation, or operation of an automated
7traffic law enforcement system if any official or employee who
8serves that county or municipality is charged with bribery,
9official misconduct, or a similar crime related to the
10placement, installation, or operation of the automated traffic
11law enforcement system in the county or municipality.
12 The Department shall adopt any rules necessary to
13implement and administer this subsection. The rules adopted by
14the Department shall describe the revocation process, shall
15ensure that notice of the revocation is provided, and shall
16provide an opportunity to appeal the revocation. Any county or
17municipality that has a permit, approval, or other
18authorization revoked under this subsection may not reapply
19for such a permit, approval, or other authorization for a
20period of 1 year after the revocation.
21(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
22103-154, eff. 6-30-23; 103-364, eff. 7-28-23.)
23 (625 ILCS 5/11-1201.1)
24 Sec. 11-1201.1. Automated railroad crossing enforcement
25system.

HB4697- 198 -LRB103 35722 RLC 65802 b
1 (a) For the purposes of this Section, an automated
2railroad grade crossing enforcement system is a system in a
3municipality or county operated by a governmental agency that
4produces a recorded image of a motor vehicle's violation of a
5provision of this Code or local ordinance and is designed to
6obtain a clear recorded image of the vehicle and vehicle's
7license plate. The recorded image must also display the time,
8date, and location of the violation.
9 As used in this Section, "recorded images" means images
10recorded by an automated railroad grade crossing enforcement
11system on:
12 (1) 2 or more photographs;
13 (2) 2 or more microphotographs;
14 (3) 2 or more electronic images; or
15 (4) a video recording showing the motor vehicle and,
16 on at least one image or portion of the recording, clearly
17 identifying the registration plate or digital registration
18 plate number of the motor vehicle.
19 (b) The Illinois Commerce Commission may, in cooperation
20with a local law enforcement agency, establish in any county
21or municipality an automated railroad grade crossing
22enforcement system at any railroad grade crossing equipped
23with a crossing gate designated by local authorities. Local
24authorities desiring the establishment of an automated
25railroad crossing enforcement system must initiate the process
26by enacting a local ordinance requesting the creation of such

HB4697- 199 -LRB103 35722 RLC 65802 b
1a system. After the ordinance has been enacted, and before any
2additional steps toward the establishment of the system are
3undertaken, the local authorities and the Commission must
4agree to a plan for obtaining, from any combination of
5federal, State, and local funding sources, the moneys required
6for the purchase and installation of any necessary equipment.
7 (b-1) (Blank).
8 (c) For each violation of Section 11-1201 of this Code or a
9local ordinance recorded by an automated railroad grade
10crossing enforcement system, the county or municipality having
11jurisdiction shall issue a written notice of the violation to
12the registered owner of the vehicle as the alleged violator.
13The notice shall be delivered to the registered owner of the
14vehicle, by mail, no later than 90 days after the violation.
15 The notice shall include:
16 (1) the name and address of the registered owner of
17 the vehicle;
18 (2) the registration number of the motor vehicle
19 involved in the violation;
20 (3) the violation charged;
21 (4) the location where the violation occurred;
22 (5) the date and time of the violation;
23 (6) a copy of the recorded images;
24 (7) the amount of the civil penalty imposed and the
25 date by which the civil penalty should be paid;
26 (8) a statement that recorded images are evidence of a

HB4697- 200 -LRB103 35722 RLC 65802 b
1 violation of a railroad grade crossing;
2 (9) a warning that failure to pay the civil penalty or
3 to contest liability in a timely manner is an admission of
4 liability and may result in a suspension of the driving
5 privileges of the registered owner of the vehicle; and
6 (10) a statement that the person may elect to proceed
7 by:
8 (A) paying the fine; or
9 (B) challenging the charge in court, by mail, or
10 by administrative hearing.
11 (d) (Blank).
12 (d-1) (Blank).
13 (d-2) (Blank).
14 (d-3) If a person charged with a traffic violation, as a
15result of an automated railroad grade crossing enforcement
16system, does not pay or successfully contest the civil penalty
17resulting from that violation, the Secretary of State shall
18suspend the driving privileges of the registered owner of the
19vehicle under Section 6-306.5-1 of this Code for failing to
20pay any fine or penalty due and owing as a result of 5
21violations of the automated railroad grade crossing
22enforcement system.
23 (e) Based on inspection of recorded images produced by an
24automated railroad grade crossing enforcement system, a notice
25alleging that the violation occurred shall be evidence of the
26facts contained in the notice and admissible in any proceeding

HB4697- 201 -LRB103 35722 RLC 65802 b
1alleging a violation under this Section.
2 (e-1) Recorded images made by an automated railroad grade
3crossing enforcement system are confidential and shall be made
4available only to the alleged violator and governmental and
5law enforcement agencies for purposes of adjudicating a
6violation of this Section, for statistical purposes, or for
7other governmental purposes. Any recorded image evidencing a
8violation of this Section, however, may be admissible in any
9proceeding resulting from the issuance of the citation.
10 (e-2) The court or hearing officer may consider the
11following in the defense of a violation:
12 (1) that the motor vehicle or registration plates or
13 digital registration plates of the motor vehicle were
14 stolen before the violation occurred and not under the
15 control of or in the possession of the owner or lessee at
16 the time of the violation;
17 (1.5) that the motor vehicle was hijacked before the
18 violation occurred and not under the control of or in the
19 possession of the owner or lessee at the time of the
20 violation;
21 (2) that the driver of the motor vehicle received a
22 Uniform Traffic Citation from a police officer at the time
23 of the violation for the same offense;
24 (3) any other evidence or issues provided by municipal
25 or county ordinance.
26 (e-3) To demonstrate that the motor vehicle was hijacked

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1or the motor vehicle or registration plates or digital
2registration plates were stolen before the violation occurred
3and were not under the control or possession of the owner or
4lessee at the time of the violation, the owner or lessee must
5submit proof that a report concerning the motor vehicle or
6registration plates was filed with a law enforcement agency in
7a timely manner.
8 (f) Rail crossings equipped with an automatic railroad
9grade crossing enforcement system shall be posted with a sign
10visible to approaching traffic stating that the railroad grade
11crossing is being monitored, that citations will be issued,
12and the amount of the fine for violation.
13 (g) The compensation paid for an automated railroad grade
14crossing enforcement system must be based on the value of the
15equipment or the services provided and may not be based on the
16number of citations issued or the revenue generated by the
17system.
18 (h) (Blank).
19 (i) If any part or parts of this Section are held by a
20court of competent jurisdiction to be unconstitutional, the
21unconstitutionality shall not affect the validity of the
22remaining parts of this Section. The General Assembly hereby
23declares that it would have passed the remaining parts of this
24Section if it had known that the other part or parts of this
25Section would be declared unconstitutional.
26 (j) Penalty. A civil fine of $250 shall be imposed for a

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1first violation of this Section, and a civil fine of $500 shall
2be imposed for a second or subsequent violation of this
3Section.
4(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
5102-813, eff. 5-13-22; 102-905, eff. 1-1-23.)
6 Section 205. The Illinois Vehicle Code is amended by
7changing Sections 6-303, 6-306.5-1, and 6-306.9 and by adding
8Sections 4-214.2 and 6-306.5-1 as follows:
9 (625 ILCS 5/4-214.2 new)
10 Sec. 4-214.2. Failure to pay fines, charges, and costs on
11an abandoned vehicle.
12 (a) Whenever any resident of this State fails to pay any
13fine, charge, or cost imposed for a violation of Section 4-201
14of this Code, or a similar provision of a local ordinance, the
15clerk shall notify the Secretary of State, on a report
16prescribed by the Secretary, and the Secretary shall prohibit
17the renewal, reissue, or reinstatement of the resident's
18driving privileges until the fine, charge, or cost has been
19paid in full. The clerk shall provide notice to the owner, at
20the owner's last known address as shown on the court's
21records, stating that the action will be effective on the 46th
22day following the date of the above notice if payment is not
23received in full by the court of venue.
24 (b) Following receipt of the report from the clerk, the

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1Secretary of State shall make the proper notation to the
2owner's file to prohibit the renewal, reissue, or
3reinstatement of the owner's driving privileges. Except as
4provided in subsection (d) of this Section, the notation shall
5not be removed from the owner's record until the owner
6satisfies the outstanding fine, charge, or cost and an
7appropriate notice on a form prescribed by the Secretary is
8received by the Secretary from the court of venue, stating
9that the fine, charge, or cost has been paid in full. Upon
10payment in full of a fine, charge, or court cost which has
11previously been reported under this Section as unpaid, the
12clerk of the court shall present the owner with a signed
13receipt containing the seal of the court indicating that the
14fine, charge, or cost has been paid in full, and shall forward
15immediately to the Secretary of State a notice stating that
16the fine, charge, or cost has been paid in full.
17 (c) Notwithstanding the receipt of a report from the clerk
18as prescribed in subsection (a), nothing in this Section is
19intended to place any responsibility upon the Secretary of
20State to provide independent notice to the owner of any
21potential action to disallow the renewal, reissue, or
22reinstatement of the owner's driving privileges.
23 (d) The Secretary of State shall renew, reissue, or
24reinstate an owner's driving privileges which were previously
25refused under this Section upon presentation of an original
26receipt which is signed by the clerk of the court and contains

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1the seal of the court indicating that the fine, charge, or cost
2has been paid in full. The Secretary of State shall retain the
3receipt for his or her records.
4 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
5 Sec. 6-303. Driving while driver's license, permit, or
6privilege to operate a motor vehicle is suspended or revoked.
7 (a) Except as otherwise provided in subsection (a-5) or
8(a-7), any person who drives or is in actual physical control
9of a motor vehicle on any highway of this State at a time when
10such person's driver's license, permit, or privilege to do so
11or the privilege to obtain a driver's license or permit is
12revoked or suspended as provided by this Code or the law of
13another state, except as may be specifically allowed by a
14judicial driving permit issued prior to January 1, 2009,
15monitoring device driving permit, family financial
16responsibility driving permit, probationary license to drive,
17or a restricted driving permit issued pursuant to this Code or
18under the law of another state, shall be guilty of a Class A
19misdemeanor.
20 (a-3) A second or subsequent violation of subsection (a)
21of this Section is a Class 4 felony if committed by a person
22whose driving or operation of a motor vehicle is the proximate
23cause of a motor vehicle crash that causes personal injury or
24death to another. For purposes of this subsection, a personal
25injury includes any Type A injury as indicated on the traffic

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1crash report completed by a law enforcement officer that
2requires immediate professional attention in either a doctor's
3office or a medical facility. A Type A injury includes severe
4bleeding wounds, distorted extremities, and injuries that
5require the injured party to be carried from the scene.
6 (a-5) Any person who violates this Section as provided in
7subsection (a) while his or her driver's license, permit, or
8privilege is revoked because of a violation of Section 9-3 of
9the Criminal Code of 1961 or the Criminal Code of 2012,
10relating to the offense of reckless homicide, or a violation
11of subparagraph (F) of paragraph (1) of subsection (d) of
12Section 11-501 of this Code, relating to the offense of
13aggravated driving under the influence of alcohol, other drug
14or drugs, or intoxicating compound or compounds, or any
15combination thereof when the violation was a proximate cause
16of a death, or a similar provision of a law of another state,
17is guilty of a Class 4 felony. The person shall be required to
18undergo a professional evaluation, as provided in Section
1911-501 of this Code, to determine if an alcohol, drug, or
20intoxicating compound problem exists and the extent of the
21problem, and to undergo the imposition of treatment as
22appropriate.
23 (a-7) Any person who violates this Section as provided in
24subsection (a) while his or her driver's license or privilege
25to drive is suspended under Section 6-306.5-1 6-306.5 or 7-702
26of this Code shall receive a Uniform Traffic Citation from the

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1law enforcement officer. A person who receives 3 or more
2Uniform Traffic Citations under this subsection (a-7) without
3paying any fees associated with the citations shall be guilty
4of a Class A misdemeanor.
5 (a-10) A person's driver's license, permit, or privilege
6to obtain a driver's license or permit may be subject to
7multiple revocations, multiple suspensions, or any combination
8of both simultaneously. No revocation or suspension shall
9serve to negate, invalidate, cancel, postpone, or in any way
10lessen the effect of any other revocation or suspension
11entered prior or subsequent to any other revocation or
12suspension.
13 (b) (Blank).
14 (b-1) Except for a person under subsection (a-7) of this
15Section, upon receiving a report of the conviction of any
16violation indicating a person was operating a motor vehicle
17during the time when the person's driver's license, permit, or
18privilege was suspended by the Secretary of State or the
19driver's licensing administrator of another state, except as
20specifically allowed by a probationary license, judicial
21driving permit, restricted driving permit, or monitoring
22device driving permit, the Secretary shall extend the
23suspension for the same period of time as the originally
24imposed suspension unless the suspension has already expired,
25in which case the Secretary shall be authorized to suspend the
26person's driving privileges for the same period of time as the

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1originally imposed suspension.
2 (b-2) Except as provided in subsection (b-6) or (a-7),
3upon receiving a report of the conviction of any violation
4indicating a person was operating a motor vehicle when the
5person's driver's license, permit, or privilege was revoked by
6the Secretary of State or the driver's license administrator
7of any other state, except as specifically allowed by a
8restricted driving permit issued pursuant to this Code or the
9law of another state, the Secretary shall not issue a driver's
10license for an additional period of one year from the date of
11such conviction indicating such person was operating a vehicle
12during such period of revocation.
13 (b-3) (Blank).
14 (b-4) When the Secretary of State receives a report of a
15conviction of any violation indicating a person was operating
16a motor vehicle that was not equipped with an ignition
17interlock device during a time when the person was prohibited
18from operating a motor vehicle not equipped with such a
19device, the Secretary shall not issue a driver's license to
20that person for an additional period of one year from the date
21of the conviction.
22 (b-5) Any person convicted of violating this Section shall
23serve a minimum term of imprisonment of 30 consecutive days or
24300 hours of community service when the person's driving
25privilege was revoked or suspended as a result of a violation
26of Section 9-3 of the Criminal Code of 1961 or the Criminal

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1Code of 2012, relating to the offense of reckless homicide, or
2a violation of subparagraph (F) of paragraph (1) of subsection
3(d) of Section 11-501 of this Code, relating to the offense of
4aggravated driving under the influence of alcohol, other drug
5or drugs, or intoxicating compound or compounds, or any
6combination thereof when the violation was a proximate cause
7of a death, or a similar provision of a law of another state.
8The court may give credit toward the fulfillment of community
9service hours for participation in activities and treatment as
10determined by court services.
11 (b-6) Upon receiving a report of a first conviction of
12operating a motor vehicle while the person's driver's license,
13permit, or privilege was revoked where the revocation was for
14a violation of Section 9-3 of the Criminal Code of 1961 or the
15Criminal Code of 2012 relating to the offense of reckless
16homicide, or a violation of subparagraph (F) of paragraph (1)
17of subsection (d) of Section 11-501 of this Code, relating to
18the offense of aggravated driving under the influence of
19alcohol, other drug or drugs, or intoxicating compound or
20compounds, or any combination thereof when the violation was a
21proximate cause of a death, or a similar out-of-state offense,
22the Secretary shall not issue a driver's license for an
23additional period of 3 years from the date of such conviction.
24 (c) Except as provided in subsections (c-3) and (c-4), any
25person convicted of violating this Section shall serve a
26minimum term of imprisonment of 10 consecutive days or 30 days

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1of community service when the person's driving privilege was
2revoked or suspended as a result of:
3 (1) a violation of Section 11-501 of this Code or a
4 similar provision of a local ordinance relating to the
5 offense of operating or being in physical control of a
6 vehicle while under the influence of alcohol, any other
7 drug or any combination thereof; or
8 (2) a violation of paragraph (b) of Section 11-401 of
9 this Code or a similar provision of a local ordinance
10 relating to the offense of leaving the scene of a motor
11 vehicle crash involving personal injury or death; or
12 (3) a statutory summary suspension or revocation under
13 Section 11-501.1 of this Code.
14 Such sentence of imprisonment or community service shall
15not be subject to suspension in order to reduce such sentence.
16 (c-1) Except as provided in subsections (a-7), (c-5), and
17(d), any person convicted of a second violation of this
18Section shall be ordered by the court to serve a minimum of 100
19hours of community service. The court may give credit toward
20the fulfillment of community service hours for participation
21in activities and treatment as determined by court services.
22 (c-2) In addition to other penalties imposed under this
23Section, the court may impose on any person convicted a fourth
24time of violating this Section any of the following:
25 (1) Seizure of the license plates of the person's
26 vehicle.

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1 (2) Immobilization of the person's vehicle for a
2 period of time to be determined by the court.
3 (c-3) Any person convicted of a violation of this Section
4during a period of summary suspension imposed pursuant to
5Section 11-501.1 when the person was eligible for a monitoring
6device driving permit shall be guilty of a Class 4 felony and
7shall serve a minimum term of imprisonment of 30 days.
8 (c-4) Any person who has been issued a monitoring device
9driving permit or a restricted driving permit which requires
10the person to operate only motor vehicles equipped with an
11ignition interlock device and who is convicted of a violation
12of this Section as a result of operating or being in actual
13physical control of a motor vehicle not equipped with an
14ignition interlock device at the time of the offense shall be
15guilty of a Class 4 felony and shall serve a minimum term of
16imprisonment of 30 days.
17 (c-5) Any person convicted of a second violation of this
18Section is guilty of a Class 2 felony, is not eligible for
19probation or conditional discharge, and shall serve a
20mandatory term of imprisonment, if:
21 (1) the current violation occurred when the person's
22 driver's license was suspended or revoked for a violation
23 of Section 9-3 of the Criminal Code of 1961 or the Criminal
24 Code of 2012, relating to the offense of reckless
25 homicide, or a violation of subparagraph (F) of paragraph
26 (1) of subsection (d) of Section 11-501 of this Code,

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1 relating to the offense of aggravated driving under the
2 influence of alcohol, other drug or drugs, or intoxicating
3 compound or compounds, or any combination thereof when the
4 violation was a proximate cause of a death, or a similar
5 out-of-state offense; and
6 (2) the prior conviction under this Section occurred
7 while the person's driver's license was suspended or
8 revoked for a violation of Section 9-3 of the Criminal
9 Code of 1961 or the Criminal Code of 2012 relating to the
10 offense of reckless homicide, or a violation of
11 subparagraph (F) of paragraph (1) of subsection (d) of
12 Section 11-501 of this Code, relating to the offense of
13 aggravated driving under the influence of alcohol, other
14 drug or drugs, or intoxicating compound or compounds, or
15 any combination thereof when the violation was a proximate
16 cause of a death, or a similar out-of-state offense, or
17 was suspended or revoked for a violation of Section 11-401
18 or 11-501 of this Code, a similar out-of-state offense, a
19 similar provision of a local ordinance, or a statutory
20 summary suspension or revocation under Section 11-501.1 of
21 this Code.
22 (d) Any person convicted of a second violation of this
23Section shall be guilty of a Class 4 felony and shall serve a
24minimum term of imprisonment of 30 days or 300 hours of
25community service, as determined by the court, if:
26 (1) the current violation occurred when the person's

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1 driver's license was suspended or revoked for a violation
2 of Section 11-401 or 11-501 of this Code, a similar
3 out-of-state offense, a similar provision of a local
4 ordinance, or a statutory summary suspension or revocation
5 under Section 11-501.1 of this Code; and
6 (2) the prior conviction under this Section occurred
7 while the person's driver's license was suspended or
8 revoked for a violation of Section 11-401 or 11-501 of
9 this Code, a similar out-of-state offense, a similar
10 provision of a local ordinance, or a statutory summary
11 suspension or revocation under Section 11-501.1 of this
12 Code, or for a violation of Section 9-3 of the Criminal
13 Code of 1961 or the Criminal Code of 2012, relating to the
14 offense of reckless homicide, or a violation of
15 subparagraph (F) of paragraph (1) of subsection (d) of
16 Section 11-501 of this Code, relating to the offense of
17 aggravated driving under the influence of alcohol, other
18 drug or drugs, or intoxicating compound or compounds, or
19 any combination thereof when the violation was a proximate
20 cause of a death, or a similar out-of-state offense.
21 The court may give credit toward the fulfillment of
22community service hours for participation in activities and
23treatment as determined by court services.
24 (d-1) Except as provided in subsections (a-7), (d-2),
25(d-2.5), and (d-3), any person convicted of a third or
26subsequent violation of this Section shall serve a minimum

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1term of imprisonment of 30 days or 300 hours of community
2service, as determined by the court. The court may give credit
3toward the fulfillment of community service hours for
4participation in activities and treatment as determined by
5court services.
6 (d-2) Any person convicted of a third violation of this
7Section is guilty of a Class 4 felony and must serve a minimum
8term of imprisonment of 30 days, if:
9 (1) the current violation occurred when the person's
10 driver's license was suspended or revoked for a violation
11 of Section 11-401 or 11-501 of this Code, or a similar
12 out-of-state offense, or a similar provision of a local
13 ordinance, or a statutory summary suspension or revocation
14 under Section 11-501.1 of this Code; and
15 (2) the prior convictions under this Section occurred
16 while the person's driver's license was suspended or
17 revoked for a violation of Section 11-401 or 11-501 of
18 this Code, a similar out-of-state offense, a similar
19 provision of a local ordinance, or a statutory summary
20 suspension or revocation under Section 11-501.1 of this
21 Code, or for a violation of Section 9-3 of the Criminal
22 Code of 1961 or the Criminal Code of 2012, relating to the
23 offense of reckless homicide, or a violation of
24 subparagraph (F) of paragraph (1) of subsection (d) of
25 Section 11-501 of this Code, relating to the offense of
26 aggravated driving under the influence of alcohol, other

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1 drug or drugs, or intoxicating compound or compounds, or
2 any combination thereof when the violation was a proximate
3 cause of a death, or a similar out-of-state offense.
4 (d-2.5) Any person convicted of a third violation of this
5Section is guilty of a Class 1 felony, is not eligible for
6probation or conditional discharge, and must serve a mandatory
7term of imprisonment, if:
8 (1) the current violation occurred while the person's
9 driver's license was suspended or revoked for a violation
10 of Section 9-3 of the Criminal Code of 1961 or the Criminal
11 Code of 2012, relating to the offense of reckless
12 homicide, or a violation of subparagraph (F) of paragraph
13 (1) of subsection (d) of Section 11-501 of this Code,
14 relating to the offense of aggravated driving under the
15 influence of alcohol, other drug or drugs, or intoxicating
16 compound or compounds, or any combination thereof when the
17 violation was a proximate cause of a death, or a similar
18 out-of-state offense. The person's driving privileges
19 shall be revoked for the remainder of the person's life;
20 and
21 (2) the prior convictions under this Section occurred
22 while the person's driver's license was suspended or
23 revoked for a violation of Section 9-3 of the Criminal
24 Code of 1961 or the Criminal Code of 2012, relating to the
25 offense of reckless homicide, or a violation of
26 subparagraph (F) of paragraph (1) of subsection (d) of

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1 Section 11-501 of this Code, relating to the offense of
2 aggravated driving under the influence of alcohol, other
3 drug or drugs, or intoxicating compound or compounds, or
4 any combination thereof when the violation was a proximate
5 cause of a death, or a similar out-of-state offense, or
6 was suspended or revoked for a violation of Section 11-401
7 or 11-501 of this Code, a similar out-of-state offense, a
8 similar provision of a local ordinance, or a statutory
9 summary suspension or revocation under Section 11-501.1 of
10 this Code.
11 (d-3) Any person convicted of a fourth, fifth, sixth,
12seventh, eighth, or ninth violation of this Section is guilty
13of a Class 4 felony and must serve a minimum term of
14imprisonment of 180 days, if:
15 (1) the current violation occurred when the person's
16 driver's license was suspended or revoked for a violation
17 of Section 11-401 or 11-501 of this Code, a similar
18 out-of-state offense, a similar provision of a local
19 ordinance, or a statutory summary suspension or revocation
20 under Section 11-501.1 of this Code; and
21 (2) the prior convictions under this Section occurred
22 while the person's driver's license was suspended or
23 revoked for a violation of Section 11-401 or 11-501 of
24 this Code, a similar out-of-state offense, a similar
25 provision of a local ordinance, or a statutory summary
26 suspension or revocation under Section 11-501.1 of this

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1 Code, or for a violation of Section 9-3 of the Criminal
2 Code of 1961 or the Criminal Code of 2012, relating to the
3 offense of reckless homicide, or a violation of
4 subparagraph (F) of paragraph (1) of subsection (d) of
5 Section 11-501 of this Code, relating to the offense of
6 aggravated driving under the influence of alcohol, other
7 drug or drugs, or intoxicating compound or compounds, or
8 any combination thereof when the violation was a proximate
9 cause of a death, or a similar out-of-state offense.
10 (d-3.5) Any person convicted of a fourth or subsequent
11violation of this Section is guilty of a Class 1 felony, is not
12eligible for probation or conditional discharge, must serve a
13mandatory term of imprisonment, and is eligible for an
14extended term, if:
15 (1) the current violation occurred when the person's
16 driver's license was suspended or revoked for a violation
17 of Section 9-3 of the Criminal Code of 1961 or the Criminal
18 Code of 2012, relating to the offense of reckless
19 homicide, or a violation of subparagraph (F) of paragraph
20 (1) of subsection (d) of Section 11-501 of this Code,
21 relating to the offense of aggravated driving under the
22 influence of alcohol, other drug or drugs, or intoxicating
23 compound or compounds, or any combination thereof when the
24 violation was a proximate cause of a death, or a similar
25 out-of-state offense; and
26 (2) the prior convictions under this Section occurred

HB4697- 218 -LRB103 35722 RLC 65802 b
1 while the person's driver's license was suspended or
2 revoked for a violation of Section 9-3 of the Criminal
3 Code of 1961 or the Criminal Code of 2012, relating to the
4 offense of reckless homicide, or a violation of
5 subparagraph (F) of paragraph (1) of subsection (d) of
6 Section 11-501 of this Code, relating to the offense of
7 aggravated driving under the influence of alcohol, other
8 drug or drugs, or intoxicating compound or compounds, or
9 any combination thereof when the violation was a proximate
10 cause of a death, or a similar out-of-state offense, or
11 was suspended or revoked for a violation of Section 11-401
12 or 11-501 of this Code, a similar out-of-state offense, a
13 similar provision of a local ordinance, or a statutory
14 summary suspension or revocation under Section 11-501.1 of
15 this Code.
16 (d-4) Any person convicted of a tenth, eleventh, twelfth,
17thirteenth, or fourteenth violation of this Section is guilty
18of a Class 3 felony, and is not eligible for probation or
19conditional discharge, if:
20 (1) the current violation occurred when the person's
21 driver's license was suspended or revoked for a violation
22 of Section 11-401 or 11-501 of this Code, or a similar
23 out-of-state offense, or a similar provision of a local
24 ordinance, or a statutory summary suspension or revocation
25 under Section 11-501.1 of this Code; and
26 (2) the prior convictions under this Section occurred

HB4697- 219 -LRB103 35722 RLC 65802 b
1 while the person's driver's license was suspended or
2 revoked for a violation of Section 11-401 or 11-501 of
3 this Code, a similar out-of-state offense, a similar
4 provision of a local ordinance, or a statutory suspension
5 or revocation under Section 11-501.1 of this Code, or for
6 a violation of Section 9-3 of the Criminal Code of 1961 or
7 the Criminal Code of 2012, relating to the offense of
8 reckless homicide, or a violation of subparagraph (F) of
9 paragraph (1) of subsection (d) of Section 11-501 of this
10 Code, relating to the offense of aggravated driving under
11 the influence of alcohol, other drug or drugs, or
12 intoxicating compound or compounds, or any combination
13 thereof when the violation was a proximate cause of a
14 death, or a similar out-of-state offense.
15 (d-5) Any person convicted of a fifteenth or subsequent
16violation of this Section is guilty of a Class 2 felony, and is
17not eligible for probation or conditional discharge, if:
18 (1) the current violation occurred when the person's
19 driver's license was suspended or revoked for a violation
20 of Section 11-401 or 11-501 of this Code, or a similar
21 out-of-state offense, or a similar provision of a local
22 ordinance, or a statutory summary suspension or revocation
23 under Section 11-501.1 of this Code; and
24 (2) the prior convictions under this Section occurred
25 while the person's driver's license was suspended or
26 revoked for a violation of Section 11-401 or 11-501 of

HB4697- 220 -LRB103 35722 RLC 65802 b
1 this Code, a similar out-of-state offense, a similar
2 provision of a local ordinance, or a statutory summary
3 suspension or revocation under Section 11-501.1 of this
4 Code, or for a violation of Section 9-3 of the Criminal
5 Code of 1961 or the Criminal Code of 2012, relating to the
6 offense of reckless homicide, or a violation of
7 subparagraph (F) of paragraph (1) of subsection (d) of
8 Section 11-501 of this Code, relating to the offense of
9 aggravated driving under the influence of alcohol, other
10 drug or drugs, or intoxicating compound or compounds, or
11 any combination thereof when the violation was a proximate
12 cause of a death, or a similar out-of-state offense.
13 (e) Any person in violation of this Section who is also in
14violation of Section 7-601 of this Code relating to mandatory
15insurance requirements, in addition to other penalties imposed
16under this Section, shall have his or her motor vehicle
17immediately impounded by the arresting law enforcement
18officer. The motor vehicle may be released to any licensed
19driver upon a showing of proof of insurance for the vehicle
20that was impounded and the notarized written consent for the
21release by the vehicle owner.
22 (f) For any prosecution under this Section, a certified
23copy of the driving abstract of the defendant shall be
24admitted as proof of any prior conviction.
25 (g) The motor vehicle used in a violation of this Section
26is subject to seizure and forfeiture as provided in Sections

HB4697- 221 -LRB103 35722 RLC 65802 b
136-1 and 36-2 of the Criminal Code of 2012 if the person's
2driving privilege was revoked or suspended as a result of:
3 (1) a violation of Section 11-501 of this Code, a
4 similar provision of a local ordinance, or a similar
5 provision of a law of another state;
6 (2) a violation of paragraph (b) of Section 11-401 of
7 this Code, a similar provision of a local ordinance, or a
8 similar provision of a law of another state;
9 (3) a statutory summary suspension or revocation under
10 Section 11-501.1 of this Code or a similar provision of a
11 law of another state; or
12 (4) a violation of Section 9-3 of the Criminal Code of
13 1961 or the Criminal Code of 2012 relating to the offense
14 of reckless homicide, or a violation of subparagraph (F)
15 of paragraph (1) of subsection (d) of Section 11-501 of
16 this Code, relating to the offense of aggravated driving
17 under the influence of alcohol, other drug or drugs, or
18 intoxicating compound or compounds, or any combination
19 thereof when the violation was a proximate cause of a
20 death, or a similar provision of a law of another state.
21(Source: P.A. 101-81, eff. 7-12-19; 102-982, eff. 7-1-23.)
22 (625 ILCS 5/6-306.5-1 new)
23 Sec. 6-306.5-1. Failure to pay fine or penalty for
24standing, parking, compliance, automated speed enforcement
25system, or automated traffic law violations; suspension of

HB4697- 222 -LRB103 35722 RLC 65802 b
1driving privileges.
2 (a) Upon receipt of a certified report, as prescribed by
3subsection (c) of this Section, from any municipality or
4county stating that the owner of a registered vehicle has
5failed to pay any fine or penalty due and owing as a result of
65 offenses for automated speed enforcement system violations
7or automated traffic violations as defined in Sections
811-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination
9thereof, or is more than 14 days in default of a payment plan
10pursuant to which a suspension had been terminated under
11subsection (c) of this Section, the Secretary of State shall
12suspend the driving privileges of such person in accordance
13with the procedures set forth in this Section. The Secretary
14shall also suspend the driving privileges of an owner of a
15registered vehicle upon receipt of a certified report, as
16prescribed by subsection (f) of this Section, from any
17municipality or county stating that such person has failed to
18satisfy any fines or penalties imposed by final judgments for
195 or more automated speed enforcement system or automated
20traffic law violations, or combination thereof, after
21exhaustion of judicial review procedures.
22 (b) Following receipt of the certified report of the
23municipality or county as specified in this Section, the
24Secretary of State shall notify the person whose name appears
25on the certified report that the person's driver's license
26will be suspended at the end of a specified period of time

HB4697- 223 -LRB103 35722 RLC 65802 b
1unless the Secretary of State is presented with a notice from
2the municipality or county certifying that the fine or penalty
3due and owing the municipality or county has been paid or that
4inclusion of that person's name on the certified report was in
5error. The Secretary's notice shall state in substance the
6information contained in the municipality's or county's
7certified report to the Secretary, and shall be effective as
8specified by subsection (c) of Section 6-211 of this Code.
9 (c) The report of the appropriate municipal or county
10official notifying the Secretary of State of unpaid fines or
11penalties pursuant to this Section shall be certified and
12shall contain the following:
13 (1) The name, last known address as recorded with the
14 Secretary of State, as provided by the lessor of the cited
15 vehicle at the time of lease, or as recorded in a United
16 States Post Office approved database if any notice sent
17 under Section 11-208.3 of this Code is returned as
18 undeliverable, and driver's license number of the person
19 who failed to pay the fine or penalty or who has defaulted
20 in a payment plan and the registration number of any
21 vehicle known to be registered to such person in this
22 State.
23 (2) The name of the municipality or county making the
24 report pursuant to this Section.
25 (3) A statement that the municipality or county sent a
26 notice of impending driver's license suspension as

HB4697- 224 -LRB103 35722 RLC 65802 b
1 prescribed by ordinance enacted pursuant to Section
2 11-208.3 of this Code or a notice of default in a payment
3 plan, to the person named in the report at the address
4 recorded with the Secretary of State or at the last
5 address known to the lessor of the cited vehicle at the
6 time of lease or, if any notice sent under Section
7 11-208.3 of this Code is returned as undeliverable, at the
8 last known address recorded in a United States Post Office
9 approved database; the date on which such notice was sent;
10 and the address to which such notice was sent. In a
11 municipality or county with a population of 1,000,000 or
12 more, the report shall also include a statement that the
13 alleged violator's State vehicle registration number and
14 vehicle make, if specified on the automated speed
15 enforcement system violation or automated traffic law
16 violation notice, are correct as they appear on the
17 citations.
18 (4) A unique identifying reference number for each
19 request of suspension sent whenever a person has failed to
20 pay the fine or penalty or has defaulted on a payment plan.
21 (d) Any municipality or county making a certified report
22to the Secretary of State pursuant to this Section shall
23notify the Secretary of State, in a form prescribed by the
24Secretary, whenever a person named in the certified report has
25paid the previously reported fine or penalty, whenever a
26person named in the certified report has entered into a

HB4697- 225 -LRB103 35722 RLC 65802 b
1payment plan pursuant to which the municipality or county has
2agreed to terminate the suspension, or whenever the
3municipality or county determines that the original report was
4in error. A certified copy of such notification shall also be
5given upon request and at no additional charge to the person
6named therein. Upon receipt of the municipality's or county's
7notification or presentation of a certified copy of such
8notification, the Secretary of State shall terminate the
9suspension.
10 (e) Any municipality or county making a certified report
11to the Secretary of State pursuant to this Section shall also
12by ordinance establish procedures for persons to challenge the
13accuracy of the certified report. The ordinance shall also
14state the grounds for such a challenge, which may be limited to
15(1) the person not having been the owner or lessee of the
16vehicle or vehicles receiving a combination of 5 or more
17automated speed enforcement system or automated traffic law
18violations on the date or dates such notices were issued; and
19(2) the person having already paid the fine or penalty for the
20combination of 5 or more automated speed enforcement system or
21automated traffic law violations indicated on the certified
22report.
23 (f) Any municipality or county, other than a municipality
24or county establishing automated speed enforcement system
25regulations under Section 11-208.8, or automated traffic law
26regulations under Section 11-208.6, 11-208.9, or 11-1201.1,

HB4697- 226 -LRB103 35722 RLC 65802 b
1may also cause a suspension of a person's driver's license
2pursuant to this Section. Such municipality or county may
3invoke this sanction by making a certified report to the
4Secretary of State upon a person's failure to satisfy any fine
5or penalty imposed by final judgment for a combination of 5 or
6more automated speed enforcement system or automated traffic
7law violations after exhaustion of judicial review procedures,
8but only if:
9 (1) the municipality or county complies with the
10 provisions of this Section in all respects except in
11 regard to enacting an ordinance pursuant to Section
12 11-208.3;
13 (2) the municipality or county has sent a notice of
14 impending driver's license suspension as prescribed by an
15 ordinance enacted pursuant to subsection (g) of this
16 Section; and
17 (3) in municipalities or counties with a population of
18 1,000,000 or more, the municipality or county has verified
19 that the alleged violator's State vehicle registration
20 number and vehicle make are correct as they appear on the
21 citations.
22 (g) Any municipality or county, other than a municipality
23or county establishing automated speed enforcement system
24regulations under Section 11-208.8, or automated traffic law
25regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
26may provide by ordinance for the sending of a notice of

HB4697- 227 -LRB103 35722 RLC 65802 b
1impending driver's license suspension to the person who has
2failed to satisfy any fine or penalty imposed by final
3judgment for a combination of 5 or more automated speed
4enforcement system or automated traffic law violations after
5exhaustion of judicial review procedures. An ordinance so
6providing shall specify that the notice sent to the person
7liable for any fine or penalty shall state that failure to pay
8the fine or penalty owing within 45 days of the notice's date
9will result in the municipality or county notifying the
10Secretary of State that the person's driver's license is
11eligible for suspension pursuant to this Section. The notice
12of impending driver's license suspension shall be sent by
13first class United States mail, postage prepaid, to the
14address recorded with the Secretary of State or at the last
15address known to the lessor of the cited vehicle at the time of
16lease or, if any notice sent under Section 11-208.3 of this
17Code is returned as undeliverable, to the last known address
18recorded in a United States Post Office approved database.
19 (h) An administrative hearing to contest an impending
20suspension or a suspension made pursuant to this Section may
21be had upon filing a written request with the Secretary of
22State. The filing fee for this hearing shall be $20, to be paid
23at the time the request is made. A municipality or county which
24files a certified report with the Secretary of State pursuant
25to this Section shall reimburse the Secretary for all
26reasonable costs incurred by the Secretary as a result of the

HB4697- 228 -LRB103 35722 RLC 65802 b
1filing of the report, including, but not limited to, the costs
2of providing the notice required pursuant to subsection (b)
3and the costs incurred by the Secretary in any hearing
4conducted with respect to the report pursuant to this
5subsection and any appeal from such a hearing.
6 (i) The provisions of this Section shall apply on and
7after January 1, 1988.
8 (j) For purposes of this Section, the term "compliance
9violation" is defined as in Section 11-208.3.
10 (625 ILCS 5/6-306.9 new)
11 Sec. 6-306.9. Failure to pay traffic fines, penalties, or
12court costs.
13 (a) Whenever any resident of this State fails to pay any
14traffic fine, penalty, or cost imposed for a violation of this
15Code, or similar provision of local ordinance, the clerk may
16notify the Secretary of State, on a report prescribed by the
17Secretary, and the Secretary shall prohibit the renewal,
18reissue or reinstatement of such resident's driving privileges
19until such fine, penalty, or cost has been paid in full. The
20clerk shall provide notice to the driver, at the driver's last
21known address as shown on the court's records, stating that
22such action will be effective on the 46th day following the
23date of the above notice if payment is not received in full by
24the court of venue.
25 (a-1) Whenever any resident of this State who has made a

HB4697- 229 -LRB103 35722 RLC 65802 b
1partial payment on any traffic fine, penalty, or cost that was
2imposed under a conviction entered on or after January 1, 2005
3(the effective date of Public Act 93-788), for a violation of
4this Code or a similar provision of a local ordinance, fails to
5pay the remainder of the outstanding fine, penalty, or cost
6within the time limit set by the court, the clerk may notify
7the Secretary of State, on a report prescribed by the
8Secretary, and the Secretary shall prohibit the renewal,
9reissue, or reinstatement of the resident's driving privileges
10until the fine, penalty, or cost has been paid in full. The
11clerk shall provide notice to the driver, at the driver's last
12known address as shown on the court's records, stating that
13the action will be effective on the 46th day following the date
14of the notice if payment is not received in full by the court
15of venue.
16 (b) Except as provided in subsection (b-1), following
17receipt of the report from the clerk, the Secretary of State
18shall make the proper notation to the driver's file to
19prohibit the renewal, reissue or reinstatement of such
20driver's driving privileges. Except as provided in paragraph
21(2) of subsection (d) of this Section, such notation shall not
22be removed from the driver's record until the driver satisfies
23the outstanding fine, penalty, or cost and an appropriate
24notice on a form prescribed by the Secretary is received by the
25Secretary from the court of venue, stating that such fine,
26penalty, or cost has been paid in full. Upon payment in full of

HB4697- 230 -LRB103 35722 RLC 65802 b
1a traffic fine, penalty, or court cost which has previously
2been reported under this Section as unpaid, the clerk of the
3court shall present the driver with a signed receipt
4containing the seal of the court indicating that such fine,
5penalty, or cost has been paid in full, and shall forward
6forthwith to the Secretary of State a notice stating that the
7fine, penalty, or cost has been paid in full.
8 (b-1) In a county with a population of 3,000,000 or more,
9following receipt of the report from the clerk, the Secretary
10of State shall make the proper notation to the driver's file to
11prohibit the renewal, reissue or reinstatement of such
12driver's driving privileges. Such notation shall not be
13removed from the driver's record until the driver satisfies
14the outstanding fine, penalty, or cost and an appropriate
15notice on a form prescribed by the Secretary is received by the
16Secretary directly from the court of venue, stating that such
17fine, penalty, or cost has been paid in full. Upon payment in
18full of a traffic fine, penalty, or court cost which has
19previously been reported under this Section as unpaid, the
20clerk of the court shall forward forthwith directly to the
21Secretary of State a notice stating that the fine, penalty, or
22cost has been paid in full and shall provide the driver with a
23signed receipt containing the seal of the court, indicating
24that the fine, penalty, and cost have been paid in full. The
25receipt may not be used by the driver to clear the driver's
26record.

HB4697- 231 -LRB103 35722 RLC 65802 b
1 (c) The provisions of this Section shall be limited to a
2single action per arrest and as a post conviction measure
3only. Fines, penalty, or costs to be collected subsequent to
4orders of court supervision, or other available court
5diversions are not applicable to this Section.
6 (d)(1) Notwithstanding the receipt of a report from the
7clerk as prescribed in subsections (a) and (e), nothing in
8this Section is intended to place any responsibility upon the
9Secretary of State to provide independent notice to the driver
10of any potential action to disallow the renewal, reissue or
11reinstatement of such driver's driving privileges.
12 (2) Except as provided in subsection (b-1), the Secretary
13of State shall renew, reissue or reinstate a driver's driving
14privileges which were previously refused pursuant to this
15Section upon presentation of an original receipt which is
16signed by the clerk of the court and contains the seal of the
17court indicating that the fine, penalty, or cost has been paid
18in full. The Secretary of State shall retain such receipt for
19his records.
20 (e) Upon receipt of notification from another state that
21is a member of the Nonresident Violator Compact of 1977,
22stating a resident of this State failed to pay a traffic fine,
23penalty, or cost imposed for a violation that occurs in
24another state, the Secretary shall make the proper notation to
25the driver's license file to prohibit the renewal, reissue, or
26reinstatement of the resident's driving privileges until the

HB4697- 232 -LRB103 35722 RLC 65802 b
1fine, penalty, or cost has been paid in full. The Secretary of
2State shall renew, reissue, or reinstate the driver's driving
3privileges that were previously refused under this Section
4upon receipt of notification from the other state that
5indicates that the fine, penalty, or cost has been paid in
6full. The Secretary of State shall retain the out-of-state
7receipt for his or her records.
8 Section 210. The Snowmobile Registration and Safety Act is
9amended by changing Section 5-7 as follows:
10 (625 ILCS 40/5-7)
11 Sec. 5-7. Operating a snowmobile while under the influence
12of alcohol or other drug or drugs, intoxicating compound or
13compounds, or a combination of them; criminal penalties;
14suspension of operating privileges.
15 (a) A person may not operate or be in actual physical
16control of a snowmobile within this State while:
17 1. The alcohol concentration in that person's blood,
18 other bodily substance, or breath is a concentration at
19 which driving a motor vehicle is prohibited under
20 subdivision (1) of subsection (a) of Section 11-501 of the
21 Illinois Vehicle Code;
22 2. The person is under the influence of alcohol;
23 3. The person is under the influence of any other drug
24 or combination of drugs to a degree that renders that

HB4697- 233 -LRB103 35722 RLC 65802 b
1 person incapable of safely operating a snowmobile;
2 3.1. The person is under the influence of any
3 intoxicating compound or combination of intoxicating
4 compounds to a degree that renders the person incapable of
5 safely operating a snowmobile;
6 4. The person is under the combined influence of
7 alcohol and any other drug or drugs or intoxicating
8 compound or compounds to a degree that renders that person
9 incapable of safely operating a snowmobile;
10 4.3. The person who is not a CDL holder has a
11 tetrahydrocannabinol concentration in the person's whole
12 blood or other bodily substance at which driving a motor
13 vehicle is prohibited under subdivision (7) of subsection
14 (a) of Section 11-501 of the Illinois Vehicle Code;
15 4.5. The person who is a CDL holder has any amount of a
16 drug, substance, or compound in the person's breath,
17 blood, other bodily substance, or urine resulting from the
18 unlawful use or consumption of cannabis listed in the
19 Cannabis Control Act; or
20 5. There is any amount of a drug, substance, or
21 compound in that person's breath, blood, other bodily
22 substance, or urine resulting from the unlawful use or
23 consumption of a controlled substance listed in the
24 Illinois Controlled Substances Act, methamphetamine as
25 listed in the Methamphetamine Control and Community
26 Protection Act, or intoxicating compound listed in the use

HB4697- 234 -LRB103 35722 RLC 65802 b
1 of Intoxicating Compounds Act.
2 (b) The fact that a person charged with violating this
3Section is or has been legally entitled to use alcohol, other
4drug or drugs, any intoxicating compound or compounds, or any
5combination of them does not constitute a defense against a
6charge of violating this Section.
7 (c) Every person convicted of violating this Section or a
8similar provision of a local ordinance is guilty of a Class A
9misdemeanor, except as otherwise provided in this Section.
10 (c-1) As used in this Section, "first time offender" means
11any person who has not had a previous conviction or been
12assigned supervision for violating this Section or a similar
13provision of a local ordinance, or any person who has not had a
14suspension imposed under subsection (e) of Section 5-7.1.
15 (c-2) For purposes of this Section, the following are
16equivalent to a conviction:
17 (1) a forfeiture of bail or collateral deposited to
18 secure a defendant's appearance in court when forfeiture
19 has not been vacated an unvacated revocation of pretrial
20 release; or
21 (2) the failure of a defendant to appear for trial.
22 (d) Every person convicted of violating this Section is
23guilty of a Class 4 felony if:
24 1. The person has a previous conviction under this
25 Section;
26 2. The offense results in personal injury where a

HB4697- 235 -LRB103 35722 RLC 65802 b
1 person other than the operator suffers great bodily harm
2 or permanent disability or disfigurement, when the
3 violation was a proximate cause of the injuries. A person
4 guilty of a Class 4 felony under this paragraph 2, if
5 sentenced to a term of imprisonment, shall be sentenced to
6 not less than one year nor more than 12 years; or
7 3. The offense occurred during a period in which the
8 person's privileges to operate a snowmobile are revoked or
9 suspended, and the revocation or suspension was for a
10 violation of this Section or was imposed under Section
11 5-7.1.
12 (e) Every person convicted of violating this Section is
13guilty of a Class 2 felony if the offense results in the death
14of a person. A person guilty of a Class 2 felony under this
15subsection (e), if sentenced to a term of imprisonment, shall
16be sentenced to a term of not less than 3 years and not more
17than 14 years.
18 (e-1) Every person convicted of violating this Section or
19a similar provision of a local ordinance who had a child under
20the age of 16 on board the snowmobile at the time of offense
21shall be subject to a mandatory minimum fine of $500 and shall
22be subject to a mandatory minimum of 5 days of community
23service in a program benefiting children. The assignment under
24this subsection shall not be subject to suspension nor shall
25the person be eligible for probation in order to reduce the
26assignment.

HB4697- 236 -LRB103 35722 RLC 65802 b
1 (e-2) Every person found guilty of violating this Section,
2whose operation of a snowmobile while in violation of this
3Section proximately caused any incident resulting in an
4appropriate emergency response, shall be liable for the
5expense of an emergency response as provided in subsection (i)
6of Section 11-501.01 of the Illinois Vehicle Code.
7 (e-3) In addition to any other penalties and liabilities,
8a person who is found guilty of violating this Section,
9including any person placed on court supervision, shall be
10fined $100, payable to the circuit clerk, who shall distribute
11the money to the law enforcement agency that made the arrest or
12as provided in subsection (c) of Section 10-5 of the Criminal
13and Traffic Assessment Act if the arresting agency is a State
14agency, unless more than one agency is responsible for the
15arrest, in which case the amount shall be remitted to each unit
16of government equally. Any moneys received by a law
17enforcement agency under this subsection (e-3) shall be used
18to purchase law enforcement equipment or to provide law
19enforcement training that will assist in the prevention of
20alcohol related criminal violence throughout the State. Law
21enforcement equipment shall include, but is not limited to,
22in-car video cameras, radar and laser speed detection devices,
23and alcohol breath testers.
24 (f) In addition to any criminal penalties imposed, the
25Department of Natural Resources shall suspend the snowmobile
26operation privileges of a person convicted or found guilty of

HB4697- 237 -LRB103 35722 RLC 65802 b
1a misdemeanor under this Section for a period of one year,
2except that first-time offenders are exempt from this
3mandatory one-year suspension.
4 (g) In addition to any criminal penalties imposed, the
5Department of Natural Resources shall suspend for a period of
65 years the snowmobile operation privileges of any person
7convicted or found guilty of a felony under this Section.
8(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;
9102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
10 Section 215. The Clerks of Courts Act is amended by
11changing Section 27.3b as follows:
12 (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
13 Sec. 27.3b. The clerk of court may accept payment of
14fines, penalties, or costs by certified check, credit card, or
15debit card approved by the clerk from an offender who has been
16convicted of or placed on court supervision for a traffic
17offense, petty offense, ordinance offense, or misdemeanor or
18who has been convicted of a felony offense. The clerk of the
19circuit court shall accept credit card payments over the
20Internet for fines, penalties, court costs, or costs from
21offenders on voluntary electronic pleas of guilty in minor
22traffic and conservation offenses to satisfy the requirement
23of written pleas of guilty as provided in Illinois Supreme
24Court Rule 529. The clerk of the court may also accept payment

HB4697- 238 -LRB103 35722 RLC 65802 b
1of statutory fees by a credit card or debit card. The clerk of
2the court may also accept the credit card or debit card for the
3cash deposit of bail bond fees.
4 The clerk of the circuit court is authorized to enter into
5contracts with credit card or debit card companies approved by
6the clerk and to negotiate the payment of convenience and
7administrative fees normally charged by those companies for
8allowing the clerk of the circuit court to accept their credit
9cards or debit cards in payment as authorized herein. The
10clerk of the circuit court is authorized to enter into
11contracts with third party fund guarantors, facilitators, and
12service providers under which those entities may contract
13directly with customers of the clerk of the circuit court and
14guarantee and remit the payments to the clerk of the circuit
15court. Where the offender pays fines, penalties, or costs by
16credit card or debit card or through a third party fund
17guarantor, facilitator, or service provider, or anyone paying
18statutory fees of the circuit court clerk or the posting of
19cash bail, the clerk shall collect a service fee of up to $5 or
20the amount charged to the clerk for use of its services by the
21credit card or debit card issuer, third party fund guarantor,
22facilitator, or service provider. This service fee shall be in
23addition to any other fines, penalties, or costs. The clerk of
24the circuit court is authorized to negotiate the assessment of
25convenience and administrative fees by the third party fund
26guarantors, facilitators, and service providers with the

HB4697- 239 -LRB103 35722 RLC 65802 b
1revenue earned by the clerk of the circuit court to be remitted
2to the county general revenue fund.
3 As used in this Section, "certified check" has the meaning
4provided in Section 3-409 of the Uniform Commercial Code.
5(Source: P.A. 101-652, eff. 1-1-23; 102-356, eff. 1-1-22.)
6 Section 220. The Attorney Act is amended by changing
7Section 9 as follows:
8 (705 ILCS 205/9) (from Ch. 13, par. 9)
9 Sec. 9. All attorneys and counselors at law, judges,
10clerks and sheriffs, and all other officers of the several
11courts within this state, shall be liable to be arrested and
12held to bail terms of pretrial release, and shall be subject to
13the same legal process, and may in all respects be prosecuted
14and proceeded against in the same courts and in the same manner
15as other persons are, any law, usage or custom to the contrary
16notwithstanding: Provided, nevertheless, said judges,
17counselors or attorneys, clerks, sheriffs and other officers
18of said courts, shall be privileged from arrest while
19attending courts, and whilst going to and returning from
20court.
21(Source: R.S. 1874, p. 169; P.A. 101-652, eff. 1-1-23.)
22 Section 225. The Juvenile Court Act of 1987 is amended by
23changing Sections 1-7, 1-8, and 5-150 as follows:

HB4697- 240 -LRB103 35722 RLC 65802 b
1 (705 ILCS 405/1-7)
2 Sec. 1-7. Confidentiality of juvenile law enforcement and
3municipal ordinance violation records.
4 (A) All juvenile law enforcement records which have not
5been expunged are confidential and may never be disclosed to
6the general public or otherwise made widely available.
7Juvenile law enforcement records may be obtained only under
8this Section and Section 1-8 and Part 9 of Article V of this
9Act, when their use is needed for good cause and with an order
10from the juvenile court, as required by those not authorized
11to retain them. Inspection, copying, and disclosure of
12juvenile law enforcement records maintained by law enforcement
13agencies or records of municipal ordinance violations
14maintained by any State, local, or municipal agency that
15relate to a minor who has been investigated, arrested, or
16taken into custody before the minor's 18th birthday shall be
17restricted to the following:
18 (0.05) The minor who is the subject of the juvenile
19 law enforcement record, the minor's parents, guardian, and
20 counsel.
21 (0.10) Judges of the circuit court and members of the
22 staff of the court designated by the judge.
23 (0.15) An administrative adjudication hearing officer
24 or members of the staff designated to assist in the
25 administrative adjudication process.

HB4697- 241 -LRB103 35722 RLC 65802 b
1 (1) Any local, State, or federal law enforcement
2 officers or designated law enforcement staff of any
3 jurisdiction or agency when necessary for the discharge of
4 their official duties during the investigation or
5 prosecution of a crime or relating to a minor who has been
6 adjudicated delinquent and there has been a previous
7 finding that the act which constitutes the previous
8 offense was committed in furtherance of criminal
9 activities by a criminal street gang, or, when necessary
10 for the discharge of its official duties in connection
11 with a particular investigation of the conduct of a law
12 enforcement officer, an independent agency or its staff
13 created by ordinance and charged by a unit of local
14 government with the duty of investigating the conduct of
15 law enforcement officers. For purposes of this Section,
16 "criminal street gang" has the meaning ascribed to it in
17 Section 10 of the Illinois Streetgang Terrorism Omnibus
18 Prevention Act.
19 (2) Prosecutors, public defenders, probation officers,
20 social workers, or other individuals assigned by the court
21 to conduct a pre-adjudication or pre-disposition
22 investigation, and individuals responsible for supervising
23 or providing temporary or permanent care and custody for
24 minors under the order of the juvenile court, when
25 essential to performing their responsibilities.
26 (3) Federal, State, or local prosecutors, public

HB4697- 242 -LRB103 35722 RLC 65802 b
1 defenders, probation officers, and designated staff:
2 (a) in the course of a trial when institution of
3 criminal proceedings has been permitted or required
4 under Section 5-805;
5 (b) when institution of criminal proceedings has
6 been permitted or required under Section 5-805 and the
7 minor is the subject of a proceeding to determine the
8 amount of bail conditions of pretrial release;
9 (c) when criminal proceedings have been permitted
10 or required under Section 5-805 and the minor is the
11 subject of a pre-trial investigation, pre-sentence
12 investigation, fitness hearing, or proceedings on an
13 application for probation; or
14 (d) in the course of prosecution or administrative
15 adjudication of a violation of a traffic, boating, or
16 fish and game law, or a county or municipal ordinance.
17 (4) Adult and Juvenile Prisoner Review Board.
18 (5) Authorized military personnel.
19 (5.5) Employees of the federal government authorized
20 by law.
21 (6) Persons engaged in bona fide research, with the
22 permission of the Presiding Judge and the chief executive
23 of the respective law enforcement agency; provided that
24 publication of such research results in no disclosure of a
25 minor's identity and protects the confidentiality of the
26 minor's record.

HB4697- 243 -LRB103 35722 RLC 65802 b
1 (7) Department of Children and Family Services child
2 protection investigators acting in their official
3 capacity.
4 (8) The appropriate school official only if the agency
5 or officer believes that there is an imminent threat of
6 physical harm to students, school personnel, or others.
7 (A) Inspection and copying shall be limited to
8 juvenile law enforcement records transmitted to the
9 appropriate school official or officials whom the
10 school has determined to have a legitimate educational
11 or safety interest by a local law enforcement agency
12 under a reciprocal reporting system established and
13 maintained between the school district and the local
14 law enforcement agency under Section 10-20.14 of the
15 School Code concerning a minor enrolled in a school
16 within the school district who has been arrested or
17 taken into custody for any of the following offenses:
18 (i) any violation of Article 24 of the
19 Criminal Code of 1961 or the Criminal Code of
20 2012;
21 (ii) a violation of the Illinois Controlled
22 Substances Act;
23 (iii) a violation of the Cannabis Control Act;
24 (iv) a forcible felony as defined in Section
25 2-8 of the Criminal Code of 1961 or the Criminal
26 Code of 2012;

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

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

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

HB4697- 247 -LRB103 35722 RLC 65802 b
1 District Act.
2 (11) Persons managing and designated to participate in
3 a court diversion program as designated in subsection (6)
4 of Section 5-105.
5 (12) The Public Access Counselor of the Office of the
6 Attorney General, when reviewing juvenile law enforcement
7 records under its powers and duties under the Freedom of
8 Information Act.
9 (13) Collection agencies, contracted or otherwise
10 engaged by a governmental entity, to collect any debts due
11 and owing to the governmental entity.
12 (B)(1) Except as provided in paragraph (2), no law
13enforcement officer or other person or agency may knowingly
14transmit to the Department of Corrections, the Illinois State
15Police, or the Federal Bureau of Investigation any fingerprint
16or photograph relating to a minor who has been arrested or
17taken into custody before the minor's 18th birthday, unless
18the court in proceedings under this Act authorizes the
19transmission or enters an order under Section 5-805 permitting
20or requiring the institution of criminal proceedings.
21 (2) Law enforcement officers or other persons or agencies
22shall transmit to the Illinois State Police copies of
23fingerprints and descriptions of all minors who have been
24arrested or taken into custody before their 18th birthday for
25the offense of unlawful use of weapons under Article 24 of the
26Criminal Code of 1961 or the Criminal Code of 2012, a Class X

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1or Class 1 felony, a forcible felony as defined in Section 2-8
2of the Criminal Code of 1961 or the Criminal Code of 2012, or a
3Class 2 or greater felony under the Cannabis Control Act, the
4Illinois Controlled Substances Act, the Methamphetamine
5Control and Community Protection Act, or Chapter 4 of the
6Illinois Vehicle Code, pursuant to Section 5 of the Criminal
7Identification Act. Information reported to the Department
8pursuant to this Section may be maintained with records that
9the Department files pursuant to Section 2.1 of the Criminal
10Identification Act. Nothing in this Act prohibits a law
11enforcement agency from fingerprinting a minor taken into
12custody or arrested before the minor's 18th birthday for an
13offense other than those listed in this paragraph (2).
14 (C) The records of law enforcement officers, or of an
15independent agency created by ordinance and charged by a unit
16of local government with the duty of investigating the conduct
17of law enforcement officers, concerning all minors under 18
18years of age must be maintained separate from the records of
19arrests and may not be open to public inspection or their
20contents disclosed to the public. For purposes of obtaining
21documents under this Section, a civil subpoena is not an order
22of the court.
23 (1) In cases where the law enforcement, or independent
24 agency, records concern a pending juvenile court case, the
25 party seeking to inspect the records shall provide actual
26 notice to the attorney or guardian ad litem of the minor

HB4697- 249 -LRB103 35722 RLC 65802 b
1 whose records are sought.
2 (2) In cases where the records concern a juvenile
3 court case that is no longer pending, the party seeking to
4 inspect the records shall provide actual notice to the
5 minor or the minor's parent or legal guardian, and the
6 matter shall be referred to the chief judge presiding over
7 matters pursuant to this Act.
8 (3) In determining whether the records should be
9 available for inspection, the court shall consider the
10 minor's interest in confidentiality and rehabilitation
11 over the moving party's interest in obtaining the
12 information. Any records obtained in violation of this
13 subsection (C) shall not be admissible in any criminal or
14 civil proceeding, or operate to disqualify a minor from
15 subsequently holding public office or securing employment,
16 or operate as a forfeiture of any public benefit, right,
17 privilege, or right to receive any license granted by
18 public authority.
19 (D) Nothing contained in subsection (C) of this Section
20shall prohibit the inspection or disclosure to victims and
21witnesses of photographs contained in the records of law
22enforcement agencies when the inspection and disclosure is
23conducted in the presence of a law enforcement officer for the
24purpose of the identification or apprehension of any person
25subject to the provisions of this Act or for the investigation
26or prosecution of any crime.

HB4697- 250 -LRB103 35722 RLC 65802 b
1 (E) Law enforcement officers, and personnel of an
2independent agency created by ordinance and charged by a unit
3of local government with the duty of investigating the conduct
4of law enforcement officers, may not disclose the identity of
5any minor in releasing information to the general public as to
6the arrest, investigation or disposition of any case involving
7a minor.
8 (F) Nothing contained in this Section shall prohibit law
9enforcement agencies from communicating with each other by
10letter, memorandum, teletype, or intelligence alert bulletin
11or other means the identity or other relevant information
12pertaining to a person under 18 years of age if there are
13reasonable grounds to believe that the person poses a real and
14present danger to the safety of the public or law enforcement
15officers. The information provided under this subsection (F)
16shall remain confidential and shall not be publicly disclosed,
17except as otherwise allowed by law.
18 (G) Nothing in this Section shall prohibit the right of a
19Civil Service Commission or appointing authority of any
20federal government, state, county or municipality examining
21the character and fitness of an applicant for employment with
22a law enforcement agency, correctional institution, or fire
23department from obtaining and examining the records of any law
24enforcement agency relating to any record of the applicant
25having been arrested or taken into custody before the
26applicant's 18th birthday.

HB4697- 251 -LRB103 35722 RLC 65802 b
1 (G-5) Information identifying victims and alleged victims
2of sex offenses shall not be disclosed or open to the public
3under any circumstances. Nothing in this Section shall
4prohibit the victim or alleged victim of any sex offense from
5voluntarily disclosing this identity.
6 (H) The changes made to this Section by Public Act 98-61
7apply to law enforcement records of a minor who has been
8arrested or taken into custody on or after January 1, 2014 (the
9effective date of Public Act 98-61).
10 (H-5) Nothing in this Section shall require any court or
11adjudicative proceeding for traffic, boating, fish and game
12law, or municipal and county ordinance violations to be closed
13to the public.
14 (I) Willful violation of this Section is a Class C
15misdemeanor and each violation is subject to a fine of $1,000.
16This subsection (I) shall not apply to the person who is the
17subject of the record.
18 (J) A person convicted of violating this Section is liable
19for damages in the amount of $1,000 or actual damages,
20whichever is greater.
21(Source: P.A. 102-538, eff. 8-20-21; 102-752, eff. 1-1-23;
22102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
23 (705 ILCS 405/1-8)
24 Sec. 1-8. Confidentiality and accessibility of juvenile
25court records.

HB4697- 252 -LRB103 35722 RLC 65802 b
1 (A) A juvenile adjudication shall never be considered a
2conviction nor shall an adjudicated individual be considered a
3criminal. Unless expressly allowed by law, a juvenile
4adjudication shall not operate to impose upon the individual
5any of the civil disabilities ordinarily imposed by or
6resulting from conviction. Unless expressly allowed by law,
7adjudications shall not prejudice or disqualify the individual
8in any civil service application or appointment, from holding
9public office, or from receiving any license granted by public
10authority. All juvenile court records which have not been
11expunged are sealed and may never be disclosed to the general
12public or otherwise made widely available. Sealed juvenile
13court records may be obtained only under this Section and
14Section 1-7 and Part 9 of Article V of this Act, when their use
15is needed for good cause and with an order from the juvenile
16court. Inspection and copying of juvenile court records
17relating to a minor who is the subject of a proceeding under
18this Act shall be restricted to the following:
19 (1) The minor who is the subject of record, the
20 minor's parents, guardian, and counsel.
21 (2) Law enforcement officers and law enforcement
22 agencies when such information is essential to executing
23 an arrest or search warrant or other compulsory process,
24 or to conducting an ongoing investigation or relating to a
25 minor who has been adjudicated delinquent and there has
26 been a previous finding that the act which constitutes the

HB4697- 253 -LRB103 35722 RLC 65802 b
1 previous offense was committed in furtherance of criminal
2 activities by a criminal street gang.
3 Before July 1, 1994, for the purposes of this Section,
4 "criminal street gang" means any ongoing organization,
5 association, or group of 3 or more persons, whether formal
6 or informal, having as one of its primary activities the
7 commission of one or more criminal acts and that has a
8 common name or common identifying sign, symbol, or
9 specific color apparel displayed, and whose members
10 individually or collectively engage in or have engaged in
11 a pattern of criminal activity.
12 Beginning July 1, 1994, for purposes of this Section,
13 "criminal street gang" has the meaning ascribed to it in
14 Section 10 of the Illinois Streetgang Terrorism Omnibus
15 Prevention Act.
16 (3) Judges, hearing officers, prosecutors, public
17 defenders, probation officers, social workers, or other
18 individuals assigned by the court to conduct a
19 pre-adjudication or pre-disposition investigation, and
20 individuals responsible for supervising or providing
21 temporary or permanent care and custody for minors under
22 the order of the juvenile court when essential to
23 performing their responsibilities.
24 (4) Judges, federal, State, and local prosecutors,
25 public defenders, probation officers, and designated
26 staff:

HB4697- 254 -LRB103 35722 RLC 65802 b
1 (a) in the course of a trial when institution of
2 criminal proceedings has been permitted or required
3 under Section 5-805;
4 (b) when criminal proceedings have been permitted
5 or required under Section 5-805 and a minor is the
6 subject of a proceeding to determine the amount of
7 bail conditions of pretrial release;
8 (c) when criminal proceedings have been permitted
9 or required under Section 5-805 and a minor is the
10 subject of a pre-trial investigation, pre-sentence
11 investigation or fitness hearing, or proceedings on an
12 application for probation; or
13 (d) when a minor becomes 18 years of age or older,
14 and is the subject of criminal proceedings, including
15 a hearing to determine the amount of bail conditions
16 of pretrial release, a pre-trial investigation, a
17 pre-sentence investigation, a fitness hearing, or
18 proceedings on an application for probation.
19 (5) Adult and Juvenile Prisoner Review Boards.
20 (6) Authorized military personnel.
21 (6.5) Employees of the federal government authorized
22 by law.
23 (7) Victims, their subrogees and legal
24 representatives; however, such persons shall have access
25 only to the name and address of the minor and information
26 pertaining to the disposition or alternative adjustment

HB4697- 255 -LRB103 35722 RLC 65802 b
1 plan of the juvenile court.
2 (8) Persons engaged in bona fide research, with the
3 permission of the presiding judge of the juvenile court
4 and the chief executive of the agency that prepared the
5 particular records; provided that publication of such
6 research results in no disclosure of a minor's identity
7 and protects the confidentiality of the record.
8 (9) The Secretary of State to whom the Clerk of the
9 Court shall report the disposition of all cases, as
10 required in Section 6-204 of the Illinois Vehicle Code.
11 However, information reported relative to these offenses
12 shall be privileged and available only to the Secretary of
13 State, courts, and police officers.
14 (10) The administrator of a bonafide substance abuse
15 student assistance program with the permission of the
16 presiding judge of the juvenile court.
17 (11) Mental health professionals on behalf of the
18 Department of Corrections or the Department of Human
19 Services or prosecutors who are evaluating, prosecuting,
20 or investigating a potential or actual petition brought
21 under the Sexually Violent Persons Commitment Act relating
22 to a person who is the subject of juvenile court records or
23 the respondent to a petition brought under the Sexually
24 Violent Persons Commitment Act, who is the subject of
25 juvenile court records sought. Any records and any
26 information obtained from those records under this

HB4697- 256 -LRB103 35722 RLC 65802 b
1 paragraph (11) may be used only in sexually violent
2 persons commitment proceedings.
3 (12) (Blank).
4 (A-1) Findings and exclusions of paternity entered in
5proceedings occurring under Article II of this Act shall be
6disclosed, in a manner and form approved by the Presiding
7Judge of the Juvenile Court, to the Department of Healthcare
8and Family Services when necessary to discharge the duties of
9the Department of Healthcare and Family Services under Article
10X of the Illinois Public Aid Code.
11 (B) A minor who is the victim in a juvenile proceeding
12shall be provided the same confidentiality regarding
13disclosure of identity as the minor who is the subject of
14record.
15 (C)(0.1) In cases where the records concern a pending
16juvenile court case, the requesting party seeking to inspect
17the juvenile court records shall provide actual notice to the
18attorney or guardian ad litem of the minor whose records are
19sought.
20 (0.2) In cases where the juvenile court records concern a
21juvenile court case that is no longer pending, the requesting
22party seeking to inspect the juvenile court records shall
23provide actual notice to the minor or the minor's parent or
24legal guardian, and the matter shall be referred to the chief
25judge presiding over matters pursuant to this Act.
26 (0.3) In determining whether juvenile court records should

HB4697- 257 -LRB103 35722 RLC 65802 b
1be made available for inspection and whether inspection should
2be limited to certain parts of the file, the court shall
3consider the minor's interest in confidentiality and
4rehabilitation over the requesting party's interest in
5obtaining the information. The State's Attorney, the minor,
6and the minor's parents, guardian, and counsel shall at all
7times have the right to examine court files and records.
8 (0.4) Any records obtained in violation of this Section
9shall not be admissible in any criminal or civil proceeding,
10or operate to disqualify a minor from subsequently holding
11public office, or operate as a forfeiture of any public
12benefit, right, privilege, or right to receive any license
13granted by public authority.
14 (D) Pending or following any adjudication of delinquency
15for any offense defined in Sections 11-1.20 through 11-1.60 or
1612-13 through 12-16 of the Criminal Code of 1961 or the
17Criminal Code of 2012, the victim of any such offense shall
18receive the rights set out in Sections 4 and 6 of the Bill of
19Rights of Crime for Victims and Witnesses of Violent Crime
20Act; and the juvenile who is the subject of the adjudication,
21notwithstanding any other provision of this Act, shall be
22treated as an adult for the purpose of affording such rights to
23the victim.
24 (E) Nothing in this Section shall affect the right of a
25Civil Service Commission or appointing authority of the
26federal government, or any state, county, or municipality

HB4697- 258 -LRB103 35722 RLC 65802 b
1examining the character and fitness of an applicant for
2employment with a law enforcement agency, correctional
3institution, or fire department to ascertain whether that
4applicant was ever adjudicated to be a delinquent minor and,
5if so, to examine the records of disposition or evidence which
6were made in proceedings under this Act.
7 (F) Following any adjudication of delinquency for a crime
8which would be a felony if committed by an adult, or following
9any adjudication of delinquency for a violation of Section
1024-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
11Criminal Code of 2012, the State's Attorney shall ascertain
12whether the minor respondent is enrolled in school and, if so,
13shall provide a copy of the dispositional order to the
14principal or chief administrative officer of the school.
15Access to the dispositional order shall be limited to the
16principal or chief administrative officer of the school and
17any school counselor designated by the principal or chief
18administrative officer.
19 (G) Nothing contained in this Act prevents the sharing or
20disclosure of information or records relating or pertaining to
21juveniles subject to the provisions of the Serious Habitual
22Offender Comprehensive Action Program when that information is
23used to assist in the early identification and treatment of
24habitual juvenile offenders.
25 (H) When a court hearing a proceeding under Article II of
26this Act becomes aware that an earlier proceeding under

HB4697- 259 -LRB103 35722 RLC 65802 b
1Article II had been heard in a different county, that court
2shall request, and the court in which the earlier proceedings
3were initiated shall transmit, an authenticated copy of the
4juvenile court record, including all documents, petitions, and
5orders filed and the minute orders, transcript of proceedings,
6and docket entries of the court.
7 (I) The Clerk of the Circuit Court shall report to the
8Illinois State Police, in the form and manner required by the
9Illinois State Police, the final disposition of each minor who
10has been arrested or taken into custody before the minor's
1118th birthday for those offenses required to be reported under
12Section 5 of the Criminal Identification Act. Information
13reported to the Illinois State Police Department under this
14Section may be maintained with records that the Illinois State
15Police Department files under Section 2.1 of the Criminal
16Identification Act.
17 (J) The changes made to this Section by Public Act 98-61
18apply to juvenile law enforcement records of a minor who has
19been arrested or taken into custody on or after January 1, 2014
20(the effective date of Public Act 98-61).
21 (K) Willful violation of this Section is a Class C
22misdemeanor and each violation is subject to a fine of $1,000.
23This subsection (K) shall not apply to the person who is the
24subject of the record.
25 (L) A person convicted of violating this Section is liable
26for damages in the amount of $1,000 or actual damages,

HB4697- 260 -LRB103 35722 RLC 65802 b
1whichever is greater.
2(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
3102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff.
47-28-23; revised 8-30-23.)
5 (705 ILCS 405/5-150)
6 Sec. 5-150. Admissibility of evidence and adjudications in
7other proceedings.
8 (1) Evidence and adjudications in proceedings under this
9Act shall be admissible:
10 (a) in subsequent proceedings under this Act
11 concerning the same minor; or
12 (b) in criminal proceedings when the court is to
13 determine the amount of bail conditions of pretrial
14 release, fitness of the defendant or in sentencing under
15 the Unified Code of Corrections; or
16 (c) in proceedings under this Act or in criminal
17 proceedings in which anyone who has been adjudicated
18 delinquent under Section 5-105 is to be a witness
19 including the minor or defendant if the minor or defendant
20 testifies, and then only for purposes of impeachment and
21 pursuant to the rules of evidence for criminal trials; or
22 (d) in civil proceedings concerning causes of action
23 arising out of the incident or incidents which initially
24 gave rise to the proceedings under this Act.
25 (2) No adjudication or disposition under this Act shall

HB4697- 261 -LRB103 35722 RLC 65802 b
1operate to disqualify a minor from subsequently holding public
2office nor shall operate as a forfeiture of any right,
3privilege or right to receive any license granted by public
4authority.
5 (3) The court which adjudicated that a minor has committed
6any offense relating to motor vehicles prescribed in Sections
74-102 and 4-103 of the Illinois Vehicle Code shall notify the
8Secretary of State of that adjudication and the notice shall
9constitute sufficient grounds for revoking that minor's
10driver's license or permit as provided in Section 6-205 of the
11Illinois Vehicle Code; no minor shall be considered a criminal
12by reason thereof, nor shall any such adjudication be
13considered a conviction.
14(Source: P.A. 103-22, eff. 8-8-23.)
15 Section 230. The Criminal Code of 2012 is amended by
16changing Sections 26.5-5, 31-1, 31A-0.1, and 32-10 as follows:
17 (720 ILCS 5/26.5-5)
18 Sec. 26.5-5. Sentence.
19 (a) Except as provided in subsection (b), a person who
20violates any of the provisions of Section 26.5-1, 26.5-2, or
2126.5-3 of this Article is guilty of a Class B misdemeanor.
22Except as provided in subsection (b), a second or subsequent
23violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article
24is a Class A misdemeanor, for which the court shall impose a

HB4697- 262 -LRB103 35722 RLC 65802 b
1minimum of 14 days in jail or, if public or community service
2is established in the county in which the offender was
3convicted, 240 hours of public or community service.
4 (b) In any of the following circumstances, a person who
5violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article
6shall be guilty of a Class 4 felony:
7 (1) The person has 3 or more prior violations in the
8 last 10 years of harassment by telephone, harassment
9 through electronic communications, or any similar offense
10 of any other state;
11 (2) The person has previously violated the harassment
12 by telephone provisions, or the harassment through
13 electronic communications provisions, or committed any
14 similar offense in any other state with the same victim or
15 a member of the victim's family or household;
16 (3) At the time of the offense, the offender was under
17 conditions of bail pretrial release, probation,
18 conditional discharge, mandatory supervised release or was
19 the subject of an order of protection, in this or any other
20 state, prohibiting contact with the victim or any member
21 of the victim's family or household;
22 (4) In the course of the offense, the offender
23 threatened to kill the victim or any member of the
24 victim's family or household;
25 (5) The person has been convicted in the last 10 years
26 of a forcible felony as defined in Section 2-8 of the

HB4697- 263 -LRB103 35722 RLC 65802 b
1 Criminal Code of 1961 or the Criminal Code of 2012;
2 (6) The person violates paragraph (5) of Section
3 26.5-2 or paragraph (4) of Section 26.5-3; or
4 (7) The person was at least 18 years of age at the time
5 of the commission of the offense and the victim was under
6 18 years of age at the time of the commission of the
7 offense.
8 (c) The court may order any person convicted under this
9Article to submit to a psychiatric examination.
10(Source: P.A. 101-652, eff. 1-1-23.)
11 (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
12 Sec. 31-1. Resisting or obstructing a peace officer,
13firefighter, or correctional institution employee.
14 (a) A person who knowingly:
15 (1) resists arrest, or
16 (2) obstructs the performance by one known to the
17 person to be a peace officer, firefighter, or correctional
18 institution employee of any authorized act within his or
19 her official capacity commits a Class A misdemeanor.
20 (a-5) In addition to any other sentence that may be
21imposed, a court shall order any person convicted of resisting
22or obstructing a peace officer, firefighter, or correctional
23institution employee to be sentenced to a minimum of 48
24consecutive hours of imprisonment or ordered to perform
25community service for not less than 100 hours as may be

HB4697- 264 -LRB103 35722 RLC 65802 b
1determined by the court. The person shall not be eligible for
2probation in order to reduce the sentence of imprisonment or
3community service.
4 (a-7) A person convicted for a violation of this Section
5whose violation was the proximate cause of an injury to a peace
6officer, firefighter, or correctional institution employee is
7guilty of a Class 4 felony.
8 (b) For purposes of this Section, "correctional
9institution employee" means any person employed to supervise
10and control inmates incarcerated in a penitentiary, State
11farm, reformatory, prison, jail, house of correction, police
12detention area, half-way house, or other institution or place
13for the incarceration or custody of persons under sentence for
14offenses or awaiting trial or sentence for offenses, under
15arrest for an offense, a violation of probation, a violation
16of parole, a violation of aftercare release, a violation of
17mandatory supervised release, or awaiting a bail setting
18hearing or preliminary hearing on setting the conditions of
19pretrial release, or who are sexually dangerous persons or who
20are sexually violent persons; and "firefighter" means any
21individual, either as an employee or volunteer, of a regularly
22constituted fire department of a municipality or fire
23protection district who performs fire fighting duties,
24including, but not limited to, the fire chief, assistant fire
25chief, captain, engineer, driver, ladder person, hose person,
26pipe person, and any other member of a regularly constituted

HB4697- 265 -LRB103 35722 RLC 65802 b
1fire department. "Firefighter" also means a person employed by
2the Office of the State Fire Marshal to conduct arson
3investigations.
4 (c) It is an affirmative defense to a violation of this
5Section if a person resists or obstructs the performance of
6one known by the person to be a firefighter by returning to or
7remaining in a dwelling, residence, building, or other
8structure to rescue or to attempt to rescue any person.
9 (d) A person shall not be subject to arrest for resisting
10arrest under this Section unless there is an underlying
11offense for which the person was initially subject to arrest.
12(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21.)
13 (720 ILCS 5/31A-0.1)
14 Sec. 31A-0.1. Definitions. For the purposes of this
15Article:
16 "Deliver" or "delivery" means the actual, constructive or
17attempted transfer of possession of an item of contraband,
18with or without consideration, whether or not there is an
19agency relationship.
20 "Employee" means any elected or appointed officer, trustee
21or employee of a penal institution or of the governing
22authority of the penal institution, or any person who performs
23services for the penal institution pursuant to contract with
24the penal institution or its governing authority.
25 "Item of contraband" means any of the following:

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1 (i) "Alcoholic liquor" as that term is defined in
2 Section 1-3.05 of the Liquor Control Act of 1934.
3 (ii) "Cannabis" as that term is defined in subsection
4 (a) of Section 3 of the Cannabis Control Act.
5 (iii) "Controlled substance" as that term is defined
6 in the Illinois Controlled Substances Act.
7 (iii-a) "Methamphetamine" as that term is defined in
8 the Illinois Controlled Substances Act or the
9 Methamphetamine Control and Community Protection Act.
10 (iv) "Hypodermic syringe" or hypodermic needle, or any
11 instrument adapted for use of controlled substances or
12 cannabis by subcutaneous injection.
13 (v) "Weapon" means any knife, dagger, dirk, billy,
14 razor, stiletto, broken bottle, or other piece of glass
15 which could be used as a dangerous weapon. This term
16 includes any of the devices or implements designated in
17 subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
18 this Code, or any other dangerous weapon or instrument of
19 like character.
20 (vi) "Firearm" means any device, by whatever name
21 known, which is designed to expel a projectile or
22 projectiles by the action of an explosion, expansion of
23 gas or escape of gas, including but not limited to:
24 (A) any pneumatic gun, spring gun, or B-B gun
25 which expels a single globular projectile not
26 exceeding .18 inch in diameter; or

HB4697- 267 -LRB103 35722 RLC 65802 b
1 (B) any device used exclusively for signaling or
2 safety and required as recommended by the United
3 States Coast Guard or the Interstate Commerce
4 Commission; or
5 (C) any device used exclusively for the firing of
6 stud cartridges, explosive rivets or industrial
7 ammunition; or
8 (D) any device which is powered by electrical
9 charging units, such as batteries, and which fires one
10 or several barbs attached to a length of wire and
11 which, upon hitting a human, can send out current
12 capable of disrupting the person's nervous system in
13 such a manner as to render him or her incapable of
14 normal functioning, commonly referred to as a stun gun
15 or taser.
16 (vii) "Firearm ammunition" means any self-contained
17 cartridge or shotgun shell, by whatever name known, which
18 is designed to be used or adaptable to use in a firearm,
19 including but not limited to:
20 (A) any ammunition exclusively designed for use
21 with a device used exclusively for signaling or safety
22 and required or recommended by the United States Coast
23 Guard or the Interstate Commerce Commission; or
24 (B) any ammunition designed exclusively for use
25 with a stud or rivet driver or other similar
26 industrial ammunition.

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1 (viii) "Explosive" means, but is not limited to, bomb,
2 bombshell, grenade, bottle or other container containing
3 an explosive substance of over one-quarter ounce for like
4 purposes such as black powder bombs and Molotov cocktails
5 or artillery projectiles.
6 (ix) "Tool to defeat security mechanisms" means, but
7 is not limited to, handcuff or security restraint key,
8 tool designed to pick locks, popper, or any device or
9 instrument used to or capable of unlocking or preventing
10 from locking any handcuff or security restraints, doors to
11 cells, rooms, gates or other areas of the penal
12 institution.
13 (x) "Cutting tool" means, but is not limited to,
14 hacksaw blade, wirecutter, or device, instrument or file
15 capable of cutting through metal.
16 (xi) "Electronic contraband" for the purposes of
17 Section 31A-1.1 of this Article means, but is not limited
18 to, any electronic, video recording device, computer, or
19 cellular communications equipment, including, but not
20 limited to, cellular telephones, cellular telephone
21 batteries, videotape recorders, pagers, computers, and
22 computer peripheral equipment brought into or possessed in
23 a penal institution without the written authorization of
24 the Chief Administrative Officer. "Electronic contraband"
25 for the purposes of Section 31A-1.2 of this Article,
26 means, but is not limited to, any electronic, video

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1 recording device, computer, or cellular communications
2 equipment, including, but not limited to, cellular
3 telephones, cellular telephone batteries, videotape
4 recorders, pagers, computers, and computer peripheral
5 equipment.
6 "Penal institution" means any penitentiary, State farm,
7reformatory, prison, jail, house of correction, police
8detention area, half-way house or other institution or place
9for the incarceration or custody of persons under sentence for
10offenses awaiting trial or sentence for offenses, under arrest
11for an offense, a violation of probation, a violation of
12parole, a violation of aftercare release, or a violation of
13mandatory supervised release, or awaiting a bail setting
14hearing on the setting of conditions of pretrial release or
15preliminary hearing; provided that where the place for
16incarceration or custody is housed within another public
17building this Article shall not apply to that part of the
18building unrelated to the incarceration or custody of persons.
19(Source: P.A. 101-652, eff. 1-1-23.)
20 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
21 Sec. 32-10. Violation of conditions of pretrial release
22bail bond.
23 (a) (Blank).
24 (a-1) Whoever, having been admitted to bail for appearance
25before any court of this State, incurs a forfeiture of the bail

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1and knowingly fails to surrender himself or herself within 30
2days following the date of the forfeiture, commits, if the
3bail was given in connection with a charge of felony or pending
4appeal or certiorari after conviction of any offense, a felony
5of the next lower Class or a Class A misdemeanor if the
6underlying offense was a Class 4 felony; or, if the bail was
7given in connection with a charge of committing a misdemeanor,
8or for appearance as a witness, commits a misdemeanor of the
9next lower Class, but not less than a Class C misdemeanor.
10 (a-5) Any person who knowingly violates a condition of
11pretrial release bail bond by possessing a firearm in
12violation of his or her conditions of pretrial release bail
13commits a Class 4 felony for a first violation and a Class 3
14felony for a second or subsequent violation.
15 (b) Whoever, having been released pretrial under
16conditions admitted to bail for appearance before any court of
17this State, while charged with a criminal offense in which the
18victim is a family or household member as defined in Article
19112A of the Code of Criminal Procedure of 1963, knowingly
20violates a condition of that release as set forth in Section
21110-10, subsection (d) of the Code of Criminal Procedure of
221963, commits a Class A misdemeanor.
23 (c) Whoever, having been admitted to bail released
24pretrial for appearance before any court of this State for a
25felony, Class A misdemeanor or a criminal offense in which the
26victim is a family or household member as defined in Article

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1112A of the Code of Criminal Procedure of 1963, is charged with
2any other felony, Class A misdemeanor, or a criminal offense
3in which the victim is a family or household member as defined
4in Article 112A of the Code of Criminal Procedure of 1963 while
5on this release, must appear before the court before bail is
6statutorily set and may not be released by law enforcement
7under 109-1 of the Code of Criminal Procedure of 1963 prior to
8the court appearance.
9 (d) Nothing in this Section shall interfere with or
10prevent the exercise by any court of its power to punish for
11contempt. Any sentence imposed for violation of this Section
12shall may be served consecutive to the sentence imposed for
13the charge for which bail pretrial release had been granted
14and with respect to which the defendant has been convicted.
15(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
16 Section 235. The Criminal Code of 2012 is amended by
17changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 as follows:
18 (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
19 Sec. 7-5. Peace officer's use of force in making arrest.
20 (a) A peace officer, or any person whom he has summoned or
21directed to assist him, need not retreat or desist from
22efforts to make a lawful arrest because of resistance or
23threatened resistance to the arrest. He is justified in the
24use of any force which he reasonably believes, based on the

HB4697- 272 -LRB103 35722 RLC 65802 b
1totality of the circumstances, to be necessary to effect the
2arrest and of any force which he reasonably believes, based on
3the totality of the circumstances, to be necessary to defend
4himself or another from bodily harm while making the arrest.
5However, he is justified in using force likely to cause death
6or great bodily harm only when: (i) he reasonably believes,
7based on the totality of the circumstances, that such force is
8necessary to prevent death or great bodily harm to himself or
9such other person; or (ii) when he reasonably believes, based
10on the totality of the circumstances, both that:
11 (1) Such force is necessary to prevent the arrest from
12 being defeated by resistance or escape and the officer
13 reasonably believes that the person to be arrested is
14 likely to cause great bodily harm to another; and
15 (2) The person to be arrested committed or attempted a
16 forcible felony which involves the infliction or
17 threatened infliction of great bodily harm or is
18 attempting to escape by use of a deadly weapon, or
19 otherwise indicates that he will endanger human life or
20 inflict great bodily harm unless arrested without delay.
21 As used in this subsection, "retreat" does not mean
22tactical repositioning or other de-escalation tactics.
23 A peace officer is not justified in using force likely to
24cause death or great bodily harm when there is no longer an
25imminent threat of great bodily harm to the officer or
26another.

HB4697- 273 -LRB103 35722 RLC 65802 b
1 (a-5) Where feasible, a peace officer shall, prior to the
2use of force, make reasonable efforts to identify himself or
3herself as a peace officer and to warn that deadly force may be
4used.
5 (a-10) A peace officer shall not use deadly force against
6a person based on the danger that the person poses to himself
7or herself if a reasonable officer would believe the person
8does not pose an imminent threat of death or great bodily harm
9to the peace officer or to another person.
10 (a-15) A peace officer shall not use deadly force against
11a person who is suspected of committing a property offense,
12unless that offense is terrorism or unless deadly force is
13otherwise authorized by law.
14 (b) A peace officer making an arrest pursuant to an
15invalid warrant is justified in the use of any force which he
16would be justified in using if the warrant were valid, unless
17he knows that the warrant is invalid.
18 (c) The authority to use physical force conferred on peace
19officers by this Article is a serious responsibility that
20shall be exercised judiciously and with respect for human
21rights and dignity and for the sanctity of every human life.
22 (d) Peace officers shall use deadly force only when
23reasonably necessary in defense of human life. In determining
24whether deadly force is reasonably necessary, officers shall
25evaluate each situation in light of the totality of
26circumstances of each case, including, but not limited to, the

HB4697- 274 -LRB103 35722 RLC 65802 b
1proximity in time of the use of force to the commission of a
2forcible felony, and the reasonable feasibility of safely
3apprehending a subject at a later time, and shall use other
4available resources and techniques, if reasonably safe and
5feasible to a reasonable officer.
6 (e) The decision by a peace officer to use force shall be
7evaluated carefully and thoroughly, in a manner that reflects
8the gravity of that authority and the serious consequences of
9the use of force by peace officers, in order to ensure that
10officers use force consistent with law and agency policies.
11 (f) The decision by a peace officer to use force shall be
12evaluated from the perspective of a reasonable officer in the
13same situation, based on the totality of the circumstances
14known to or perceived by the officer at the time of the
15decision, rather than with the benefit of hindsight, and that
16the totality of the circumstances shall account for occasions
17when officers may be forced to make quick judgments about
18using force.
19 (g) Law enforcement agencies are encouraged to adopt and
20develop policies designed to protect individuals with
21physical, mental health, developmental, or intellectual
22disabilities, or individuals who are significantly more likely
23to experience greater levels of physical force during police
24interactions, as these disabilities may affect the ability of
25a person to understand or comply with commands from peace
26officers.

HB4697- 275 -LRB103 35722 RLC 65802 b
1 (h) As used in this Section:
2 (1) "Deadly force" means any use of force that creates
3 a substantial risk of causing death or great bodily harm,
4 including, but not limited to, the discharge of a firearm.
5 (2) A threat of death or serious bodily injury is
6 "imminent" when, based on the totality of the
7 circumstances, a reasonable officer in the same situation
8 would believe that a person has the present ability,
9 opportunity, and apparent intent to immediately cause
10 death or great bodily harm to the peace officer or another
11 person. An imminent harm is not merely a fear of future
12 harm, no matter how great the fear and no matter how great
13 the likelihood of the harm, but is one that, from
14 appearances, must be instantly confronted and addressed.
15 (3) "Totality of the circumstances" means all facts
16 known to the peace officer at the time, or that would be
17 known to a reasonable officer in the same situation,
18 including the conduct of the officer and the subject
19 leading up to the use of deadly force.
20(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
21102-687, eff. 12-17-21.)
22 (720 ILCS 5/7-5.5)
23 Sec. 7-5.5. Prohibited use of force by a peace officer.
24 (a) A peace officer, or any other person acting under the
25color of law, shall not use a chokehold or restraint above the

HB4697- 276 -LRB103 35722 RLC 65802 b
1shoulders with risk of asphyxiation in the performance of his
2or her duties, unless deadly force is justified under this
3Article.
4 (b) A peace officer, or any other person acting under the
5color of law, shall not use a chokehold or restraint above the
6shoulders with risk of asphyxiation, or any lesser contact
7with the throat or neck area of another, in order to prevent
8the destruction of evidence by ingestion.
9 (c) As used in this Section, "chokehold" means applying
10any direct pressure to the throat, windpipe, or airway of
11another with the intent to reduce or prevent the intake of air.
12"Chokehold" does not include any holding involving contact
13with the neck that is not intended to reduce the intake of air
14such as a headlock where the only pressure applied is to the
15head.
16 (d) As used in this Section, "restraint above the
17shoulders with risk of positional asphyxiation" means a use of
18a technique used to restrain a person above the shoulders,
19including the neck or head, in a position which interferes
20with the person's ability to breathe after the person no
21longer poses a threat to the officer or any other person.
22 (e) A peace officer, or any other person acting under the
23color of law, shall not:
24 (i) use force as punishment or retaliation;
25 (ii) discharge kinetic impact projectiles and all
26 other non-lethal or less-lethal projectiles in a manner

HB4697- 277 -LRB103 35722 RLC 65802 b
1 that targets the head, neck, groin, anterior pelvis, or
2 back;
3 (iii) discharge conducted electrical weapons in a
4 manner that targets the head, chest, neck, groin, or
5 anterior pelvis;
6 (iv) discharge firearms or kinetic impact projectiles
7 indiscriminately into a crowd;
8 (v) use chemical agents or irritants for crowd
9 control, including pepper spray and tear gas, prior to
10 issuing an order to disperse in a sufficient manner to
11 allow for the order to be heard and repeated if necessary,
12 followed by sufficient time and space to allow compliance
13 with the order unless providing such time and space would
14 unduly place an officer or another person at risk of death
15 or great bodily harm; or
16 (vi) use chemical agents or irritants, including
17 pepper spray and tear gas, prior to issuing an order in a
18 sufficient manner to ensure the order is heard, and
19 repeated if necessary, to allow compliance with the order
20 unless providing such time and space would unduly place an
21 officer or another person at risk of death or great bodily
22 harm.
23(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
24102-687, eff. 12-17-21.)
25 (720 ILCS 5/7-9) (from Ch. 38, par. 7-9)

HB4697- 278 -LRB103 35722 RLC 65802 b
1 Sec. 7-9. Use of force to prevent escape.
2 (a) A peace officer or other person who has an arrested
3person in his custody is justified in the use of such force,
4except deadly force, to prevent the escape of the arrested
5person from custody as he would be justified in using if he
6were arresting such person.
7 (b) A guard or other peace officer is justified in the use
8of force, including force likely to cause death or great
9bodily harm, which he reasonably believes to be necessary to
10prevent the escape from a penal institution of a person whom
11the officer reasonably believes to be lawfully detained in
12such institution under sentence for an offense or awaiting
13trial or commitment for an offense.
14 (c) Deadly force shall not be used to prevent escape under
15this Section unless, based on the totality of the
16circumstances, deadly force is necessary to prevent death or
17great bodily harm to himself or such other person.
18(Source: P.A. 101-652, eff. 7-1-21.)
19 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
20 Sec. 9-1. First degree murder.
21 (a) A person who kills an individual without lawful
22justification commits first degree murder if, in performing
23the acts which cause the death:
24 (1) he or she either intends to kill or do great bodily
25 harm to that individual or another, or knows that such

HB4697- 279 -LRB103 35722 RLC 65802 b
1 acts will cause death to that individual or another; or
2 (2) he or she knows that such acts create a strong
3 probability of death or great bodily harm to that
4 individual or another; or
5 (3) he or she is attempting or committing a forcible
6 felony other than second degree murder he or she, acting
7 alone or with one or more participants, commits or
8 attempts to commit a forcible felony other than second
9 degree murder, and in the course of or in furtherance of
10 such crime or flight therefrom, he or she or another
11 participant causes the death of a person.
12 (b) (Blank).
13 (b-5) (Blank).
14 (c) (Blank).
15 (d) (Blank).
16 (e) (Blank).
17 (f) (Blank).
18 (g) (Blank).
19 (h) (Blank)..
20 (h-5) (Blank).
21 (i) (Blank).
22 (j) (Blank).
23 (k) (Blank).
24(Source: P.A. 103-51, eff. 1-1-24; revised 9-20-23.)
25 (720 ILCS 5/33-3) (from Ch. 38, par. 33-3)

HB4697- 280 -LRB103 35722 RLC 65802 b
1 Sec. 33-3. Official misconduct.
2 (a) A public officer or employee or special government
3agent commits misconduct when, in his official capacity or
4capacity as a special government agent, he or she commits any
5of the following acts:
6 (1) Intentionally or recklessly fails to perform any
7 mandatory duty as required by law; or
8 (2) Knowingly performs an act which he knows he is
9 forbidden by law to perform; or
10 (3) With intent to obtain a personal advantage for
11 himself or another, he performs an act in excess of his
12 lawful authority; or
13 (4) Solicits or knowingly accepts for the performance
14 of any act a fee or reward which he knows is not authorized
15 by law.
16 (b) An employee of a law enforcement agency commits
17misconduct when he or she knowingly uses or communicates,
18directly or indirectly, information acquired in the course of
19employment, with the intent to obstruct, impede, or prevent
20the investigation, apprehension, or prosecution of any
21criminal offense or person. Nothing in this subsection (b)
22shall be construed to impose liability for communicating to a
23confidential resource, who is participating or aiding law
24enforcement, in an ongoing investigation.
25 (c) A public officer or employee or special government
26agent convicted of violating any provision of this Section

HB4697- 281 -LRB103 35722 RLC 65802 b
1forfeits his or her office or employment or position as a
2special government agent. In addition, he or she commits a
3Class 3 felony.
4 (d) For purposes of this Section, "special : "Special
5government agent" has the meaning ascribed to it in subsection
6(l) of Section 4A-101 of the Illinois Governmental Ethics Act.
7(Source: P.A. 101-652, eff. 7-1-21.)
8 Section 240. The Criminal Code of 2012 is amended by
9adding Section 32-15.1 as follows:
10 (720 ILCS 5/32-15.1 new)
11 Sec. 32-15.1. Bail bond false statement. Any person who in
12any affidavit, document, schedule or other application to
13become surety or bail for another on any bail bond or
14recognizance in any civil or criminal proceeding then pending
15or about to be started against the other person, having taken a
16lawful oath or made affirmation, shall swear or affirm
17wilfully, corruptly and falsely as to the ownership or liens
18or incumbrances upon or the value of any real or personal
19property alleged to be owned by the person proposed as surety
20or bail, the financial worth or standing of the person
21proposed as surety or bail, or as to the number or total
22penalties of all other bonds or recognizances signed by and
23standing against the proposed surety or bail, or any person
24who, having taken a lawful oath or made affirmation, shall

HB4697- 282 -LRB103 35722 RLC 65802 b
1testify wilfully, corruptly and falsely as to any of said
2matters for the purpose of inducing the approval of any such
3bail bond or recognizance; or for the purpose of justifying on
4any such bail bond or recognizance, or who shall suborn any
5other person to so swear, affirm or testify as aforesaid,
6shall be deemed and adjudged guilty of perjury or subornation
7of perjury (as the case may be) and punished accordingly.
8 (720 ILCS 5/7-15 rep.)
9 (720 ILCS 5/7-16 rep.)
10 (720 ILCS 5/33-9 rep.)
11 Section 245. The Criminal Code of 2012 is amended by
12repealing Sections 7-15, 7-16, and 33-9.
13 Section 250. The Code of Criminal Procedure of 1963 is
14amended by changing the heading of Article 110 and by changing
15Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,
16106D-1, 107-4, 107-9, 107-11, 109-1, 109-2, 109-3, 109-3.1,
17110-1, 110-2, 110-3, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,
18110-6.4, 110-10, 110-11, 110-12, 110-14, 111-2, 112A-23,
19113-3.1, 114-1, 115-4.1, and 122-6 and by adding Section
20110-3.1 as follows:
21 (725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
22 Sec. 102-6. "Bail". Pretrial release. "Bail" means the
23amount of money set by the court which is required to be

HB4697- 283 -LRB103 35722 RLC 65802 b
1obligated and secured as provided by law for the release of a
2person in custody in order that he will appear before the court
3in which his appearance may be required and that he will comply
4with such conditions as set forth in the bail bond. "Pretrial
5release" has the meaning ascribed to bail in Section 9 of
6Article I of the Illinois Constitution where the sureties
7provided are nonmonetary in nature.
8(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
9 (725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
10 Sec. 102-7. Conditions of pretrial release. "Bail
11bond"."Bail bond" means an undertaking secured by bail entered
12into by a person in custody by which he binds himself to comply
13with such conditions as are set forth therein. "Conditions of
14pretrial release" means the requirements imposed upon a
15criminal defendant by the court under Section 110-5.
16(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
17 (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
18 Sec. 103-5. Speedy trial.)
19 (a) Every person in custody in this State for an alleged
20offense shall be tried by the court having jurisdiction within
21120 days from the date he or she was taken into custody unless
22delay is occasioned by the defendant, by an examination for
23fitness ordered pursuant to Section 104-13 of this Act, by a
24fitness hearing, by an adjudication of unfitness to stand

HB4697- 284 -LRB103 35722 RLC 65802 b
1trial, by a continuance allowed pursuant to Section 114-4 of
2this Act after a court's determination of the defendant's
3physical incapacity for trial, or by an interlocutory appeal.
4Delay shall be considered to be agreed to by the defendant
5unless he or she objects to the delay by making a written
6demand for trial or an oral demand for trial on the record. The
7provisions of this subsection (a) do not apply to a person on
8bail pretrial release or recognizance for an offense but who
9is in custody for a violation of his or her parole, aftercare
10release, or mandatory supervised release for another offense.
11 The 120-day term must be one continuous period of
12incarceration. In computing the 120-day term, separate periods
13of incarceration may not be combined. If a defendant is taken
14into custody a second (or subsequent) time for the same
15offense, the term will begin again at day zero.
16 (b) Every person on bail pretrial release or recognizance
17shall be tried by the court having jurisdiction within 160
18days from the date defendant demands trial unless delay is
19occasioned by the defendant, by an examination for fitness
20ordered pursuant to Section 104-13 of this Act, by a fitness
21hearing, by an adjudication of unfitness to stand trial, by a
22continuance allowed pursuant to Section 114-4 of this Act
23after a court's determination of the defendant's physical
24incapacity for trial, or by an interlocutory appeal. The
25defendant's failure to appear for any court date set by the
26court operates to waive the defendant's demand for trial made

HB4697- 285 -LRB103 35722 RLC 65802 b
1under this subsection.
2 For purposes of computing the 160 day period under this
3subsection (b), every person who was in custody for an alleged
4offense and demanded trial and is subsequently released on
5bail pretrial release or recognizance and demands trial, shall
6be given credit for time spent in custody following the making
7of the demand while in custody. Any demand for trial made under
8this subsection (b) shall be in writing; and in the case of a
9defendant not in custody, the demand for trial shall include
10the date of any prior demand made under this provision while
11the defendant was in custody.
12 (c) If the court determines that the State has exercised
13without success due diligence to obtain evidence material to
14the case and that there are reasonable grounds to believe that
15such evidence may be obtained at a later day the court may
16continue the cause on application of the State for not more
17than an additional 60 days. If the court determines that the
18State has exercised without success due diligence to obtain
19results of DNA testing that is material to the case and that
20there are reasonable grounds to believe that such results may
21be obtained at a later day, the court may continue the cause on
22application of the State for not more than an additional 120
23days.
24 (d) Every person not tried in accordance with subsections
25(a), (b) and (c) of this Section shall be discharged from
26custody or released from the obligations of the person's bail

HB4697- 286 -LRB103 35722 RLC 65802 b
1his pretrial release or recognizance.
2 (e) If a person is simultaneously in custody upon more
3than one charge pending against him in the same county, or
4simultaneously demands trial upon more than one charge pending
5against him in the same county, he shall be tried, or adjudged
6guilty after waiver of trial, upon at least one such charge
7before expiration relative to any of such pending charges of
8the period prescribed by subsections (a) and (b) of this
9Section. Such person shall be tried upon all of the remaining
10charges thus pending within 160 days from the date on which
11judgment relative to the first charge thus prosecuted is
12rendered pursuant to the Unified Code of Corrections or, if
13such trial upon such first charge is terminated without
14judgment and there is no subsequent trial of, or adjudication
15of guilt after waiver of trial of, such first charge within a
16reasonable time, the person shall be tried upon all of the
17remaining charges thus pending within 160 days from the date
18on which such trial is terminated; if either such period of 160
19days expires without the commencement of trial of, or
20adjudication of guilt after waiver of trial of, any of such
21remaining charges thus pending, such charge or charges shall
22be dismissed and barred for want of prosecution unless delay
23is occasioned by the defendant, by an examination for fitness
24ordered pursuant to Section 104-13 of this Act, by a fitness
25hearing, by an adjudication of unfitness for trial, by a
26continuance allowed pursuant to Section 114-4 of this Act

HB4697- 287 -LRB103 35722 RLC 65802 b
1after a court's determination of the defendant's physical
2incapacity for trial, or by an interlocutory appeal; provided,
3however, that if the court determines that the State has
4exercised without success due diligence to obtain evidence
5material to the case and that there are reasonable grounds to
6believe that such evidence may be obtained at a later day the
7court may continue the cause on application of the State for
8not more than an additional 60 days.
9 (f) Delay occasioned by the defendant shall temporarily
10suspend for the time of the delay the period within which a
11person shall be tried as prescribed by subsections (a), (b),
12or (e) of this Section and on the day of expiration of the
13delay the said period shall continue at the point at which it
14was suspended. Where such delay occurs within 21 days of the
15end of the period within which a person shall be tried as
16prescribed by subsections (a), (b), or (e) of this Section,
17the court may continue the cause on application of the State
18for not more than an additional 21 days beyond the period
19prescribed by subsections (a), (b), or (e). This subsection
20(f) shall become effective on, and apply to persons charged
21with alleged offenses committed on or after, March 1, 1977.
22(Source: P.A. 101-652, eff. 1-1-23.)
23 (725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
24 Sec. 103-7. Posting notice of rights. Every sheriff, chief
25of police or other person who is in charge of any jail, police

HB4697- 288 -LRB103 35722 RLC 65802 b
1station or other building where persons under arrest are held
2in custody pending investigation, bail pretrial release or
3other criminal proceedings, shall post in every room, other
4than cells, of such buildings where persons are held in
5custody, in conspicuous places where it may be seen and read by
6persons in custody and others, a poster, printed in large
7type, containing a verbatim copy in the English language of
8the provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2,
9110-4, and sub-parts (a) and (b) of Sections 110-7.1, and
10113-3 of this Code. Each person who is in charge of any
11courthouse or other building in which any trial of an offense
12is conducted shall post in each room primarily used for such
13trials and in each room in which defendants are confined or
14wait, pending trial, in conspicuous places where it may be
15seen and read by persons in custody and others, a poster,
16printed in large type, containing a verbatim copy in the
17English language of the provisions of Sections 103-6, 113-1,
18113-4 and 115-1 and of subparts (a) and (b) of Section 113-3 of
19this Code.
20(Source: P.A. 101-652, eff. 1-1-23.)
21 (725 ILCS 5/103-9) (from Ch. 38, par. 103-9)
22 Sec. 103-9. Bail bondsmen. No bail bondsman from any state
23may seize or transport unwillingly any person found in this
24State who is allegedly in violation of a bail bond posted in
25some other state or conditions of pretrial release. The return

HB4697- 289 -LRB103 35722 RLC 65802 b
1of any such person to another state may be accomplished only as
2provided by the laws of this State. Any bail bondsman who
3violates this Section is fully subject to the criminal and
4civil penalties provided by the laws of this State for his
5actions.
6(Source: P.A. 101-652, eff. 1-1-23.)
7 (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
8 Sec. 104-13. Fitness examination.
9 (a) When the issue of fitness involves the defendant's
10mental condition, the court shall order an examination of the
11defendant by one or more licensed physicians, clinical
12psychologists, or psychiatrists chosen by the court. No
13physician, clinical psychologist or psychiatrist employed by
14the Department of Human Services shall be ordered to perform,
15in his official capacity, an examination under this Section.
16 (b) If the issue of fitness involves the defendant's
17physical condition, the court shall appoint one or more
18physicians and in addition, such other experts as it may deem
19appropriate to examine the defendant and to report to the
20court regarding the defendant's condition.
21 (c) An examination ordered under this Section shall be
22given at the place designated by the person who will conduct
23the examination, except that if the defendant is being held in
24custody, the examination shall take place at such location as
25the court directs. No examinations under this Section shall be

HB4697- 290 -LRB103 35722 RLC 65802 b
1ordered to take place at mental health or developmental
2disabilities facilities operated by the Department of Human
3Services. If the defendant fails to keep appointments without
4reasonable cause or if the person conducting the examination
5reports to the court that diagnosis requires hospitalization
6or extended observation, the court may order the defendant
7admitted to an appropriate facility for an examination, other
8than a screening examination, for not more than 7 days. The
9court may, upon a showing of good cause, grant an additional 7
10days to complete the examination.
11 (d) Release on bail pretrial release or on recognizance
12shall not be revoked and an application therefor shall not be
13denied on the grounds that an examination has been ordered.
14 (e) Upon request by the defense and if the defendant is
15indigent, the court may appoint, in addition to the expert or
16experts chosen pursuant to subsection (a) of this Section, a
17qualified expert selected by the defendant to examine him and
18to make a report as provided in Section 104-15. Upon the filing
19with the court of a verified statement of services rendered,
20the court shall enter an order on the county board to pay such
21expert a reasonable fee stated in the order.
22(Source: P.A. 101-652, eff. 1-1-23.)
23 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
24 Sec. 104-17. Commitment for treatment; treatment plan.
25 (a) If the defendant is eligible to be or has been released

HB4697- 291 -LRB103 35722 RLC 65802 b
1on bail pretrial release or on his own recognizance, the court
2shall select the least physically restrictive form of
3treatment therapeutically appropriate and consistent with the
4treatment plan. The placement may be ordered either on an
5inpatient or an outpatient basis.
6 (b) If the defendant's disability is mental, the court may
7order him placed for secure treatment in the custody of the
8Department of Human Services, or the court may order him
9placed in the custody of any other appropriate public or
10private mental health facility or treatment program which has
11agreed to provide treatment to the defendant. If the most
12serious charge faced by the defendant is a misdemeanor, the
13court shall order outpatient treatment, unless the court finds
14good cause on the record to order inpatient treatment. If the
15court orders the defendant to inpatient treatment in the
16custody of the Department of Human Services, the Department
17shall evaluate the defendant to determine the most appropriate
18secure facility to receive the defendant and, within 20 days
19of the transmittal by the clerk of the circuit court of the
20court's placement order, notify the court of the designated
21facility to receive the defendant. The Department shall admit
22the defendant to a secure facility within 60 days of the
23transmittal of the court's placement order, unless the
24Department can demonstrate good faith efforts at placement and
25a lack of bed and placement availability. If placement cannot
26be made within 60 days of the transmittal of the court's

HB4697- 292 -LRB103 35722 RLC 65802 b
1placement order and the Department has demonstrated good faith
2efforts at placement and a lack of bed and placement
3availability, the Department shall provide an update to the
4ordering court every 30 days until the defendant is placed.
5Once bed and placement availability is determined, the
6Department shall notify the sheriff who shall promptly
7transport the defendant to the designated facility. If the
8defendant is placed in the custody of the Department of Human
9Services, the defendant shall be placed in a secure setting.
10During the period of time required to determine bed and
11placement availability at the designated facility, the
12defendant shall remain in jail. If during the course of
13evaluating the defendant for placement, the Department of
14Human Services determines that the defendant is currently fit
15to stand trial, it shall immediately notify the court and
16shall submit a written report within 7 days. In that
17circumstance the placement shall be held pending a court
18hearing on the Department's report. Otherwise, upon completion
19of the placement process, including identifying bed and
20placement availability, the sheriff shall be notified and
21shall transport the defendant to the designated facility. If,
22within 60 days of the transmittal by the clerk of the circuit
23court of the court's placement order, the Department fails to
24provide the sheriff with notice of bed and placement
25availability at the designated facility, the sheriff shall
26contact the Department to inquire about when a placement will

HB4697- 293 -LRB103 35722 RLC 65802 b
1become available at the designated facility as well as bed and
2placement availability at other secure facilities. The
3Department shall respond to the sheriff within 2 business days
4of the notice and inquiry by the sheriff seeking the transfer
5and the Department shall provide the sheriff with the status
6of the evaluation, information on bed and placement
7availability, and an estimated date of admission for the
8defendant and any changes to that estimated date of admission.
9If the Department notifies the sheriff during the 2 business
10day period of a facility operated by the Department with
11placement availability, the sheriff shall promptly transport
12the defendant to that facility. The placement may be ordered
13either on an inpatient or an outpatient basis.
14 (c) If the defendant's disability is physical, the court
15may order him placed under the supervision of the Department
16of Human Services which shall place and maintain the defendant
17in a suitable treatment facility or program, or the court may
18order him placed in an appropriate public or private facility
19or treatment program which has agreed to provide treatment to
20the defendant. The placement may be ordered either on an
21inpatient or an outpatient basis.
22 (d) The clerk of the circuit court shall within 5 days of
23the entry of the order transmit to the Department, agency or
24institution, if any, to which the defendant is remanded for
25treatment, the following:
26 (1) a certified copy of the order to undergo

HB4697- 294 -LRB103 35722 RLC 65802 b
1 treatment. Accompanying the certified copy of the order to
2 undergo treatment shall be the complete copy of any report
3 prepared under Section 104-15 of this Code or other report
4 prepared by a forensic examiner for the court;
5 (2) the county and municipality in which the offense
6 was committed;
7 (3) the county and municipality in which the arrest
8 took place;
9 (4) a copy of the arrest report, criminal charges,
10 arrest record; and
11 (5) all additional matters which the Court directs the
12 clerk to transmit.
13 (e) Within 30 days of admission to the designated
14facility, the person supervising the defendant's treatment
15shall file with the court, the State, and the defense a report
16assessing the facility's or program's capacity to provide
17appropriate treatment for the defendant and indicating his
18opinion as to the probability of the defendant's attaining
19fitness within a period of time from the date of the finding of
20unfitness. For a defendant charged with a felony, the period
21of time shall be one year. For a defendant charged with a
22misdemeanor, the period of time shall be no longer than the
23sentence if convicted of the most serious offense. If the
24report indicates that there is a substantial probability that
25the defendant will attain fitness within the time period, the
26treatment supervisor shall also file a treatment plan which

HB4697- 295 -LRB103 35722 RLC 65802 b
1shall include:
2 (1) A diagnosis of the defendant's disability;
3 (2) A description of treatment goals with respect to
4 rendering the defendant fit, a specification of the
5 proposed treatment modalities, and an estimated timetable
6 for attainment of the goals;
7 (3) An identification of the person in charge of
8 supervising the defendant's treatment.
9(Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
10 (725 ILCS 5/106D-1)
11 Sec. 106D-1. Defendant's appearance by closed circuit
12television and video conference two-way audio-visual
13communication system.
14 (a) Whenever the appearance in person in court, in either
15a civil or criminal proceeding, is required of anyone held in a
16place of custody or confinement operated by the State or any of
17its political subdivisions, including counties and
18municipalities, the chief judge of the circuit by rule may
19permit the personal appearance to be made by means of a two-way
20audio-visual communication system, including closed circuit
21television and computerized video conference, in the following
22proceedings:
23 (1) the initial appearance before a judge on a
24 criminal complaint, at which bail will be set; as provided
25 in subsection (f) of Section 109-1;

HB4697- 296 -LRB103 35722 RLC 65802 b
1 (2) the waiver of a preliminary hearing;
2 (3) the arraignment on an information or indictment at
3 which a plea of not guilty will be entered;
4 (4) the presentation of a jury waiver;
5 (5) any status hearing;
6 (6) any hearing conducted under the Sexually Violent
7 Persons Commitment Act at which no witness testimony will
8 be taken; and
9 (7) at any hearing at which no witness testimony will
10 be taken conducted under the following:
11 (A) Section 104-20 of this Code (90-day hearings);
12 (B) Section 104-22 of this Code (trial with
13 special provisions and assistance);
14 (C) Section 104-25 of this Code (discharge
15 hearing); or
16 (D) Section 5-2-4 of the Unified Code of
17 Corrections (proceedings after acquittal by reason of
18 insanity).
19 (b) The two-way audio-visual communication facilities must
20provide two-way audio-visual communication between the court
21and the place of custody or confinement, and must include a
22secure line over which the person in custody and his or her
23counsel, if any, may communicate.
24 (c) Nothing in this Section shall be construed to prohibit
25other court appearances through the use of a two-way
26audio-visual communication, upon waiver of any right the

HB4697- 297 -LRB103 35722 RLC 65802 b
1person in custody or confinement may have to be present
2physically. system if the person in custody or confinement
3waives the right to be present physically in court, the court
4determines that the physical health and safety of any person
5necessary to the proceedings would be endangered by appearing
6in court, or the chief judge of the circuit orders use of that
7system due to operational challenges in conducting the hearing
8in person. Such operational challenges must be documented and
9approved by the chief judge of the circuit, and a plan to
10address the challenges through reasonable efforts must be
11presented and approved by the Administrative Office of the
12Illinois Courts every 6 months.
13 (d) Nothing in this Section shall be construed to
14establish a right of any person held in custody or confinement
15to appear in court through a two-way audio-visual
16communication system or to require that any governmental
17entity, or place of custody or confinement, provide a two-way
18audio-visual communication system.
19(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;
20102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
21 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
22 Sec. 107-4. Arrest by peace officer from other
23jurisdiction.
24 (a) As used in this Section:
25 (1) "State" means any State of the United States and

HB4697- 298 -LRB103 35722 RLC 65802 b
1 the District of Columbia.
2 (2) "Peace Officer" means any peace officer or member
3 of any duly organized State, County, or Municipal peace
4 unit, any police force of another State, the United States
5 Department of Defense, or any police force whose members,
6 by statute, are granted and authorized to exercise powers
7 similar to those conferred upon any peace officer employed
8 by a law enforcement agency of this State.
9 (3) "Fresh pursuit" means the immediate pursuit of a
10 person who is endeavoring to avoid arrest.
11 (4) "Law enforcement agency" means a municipal police
12 department or county sheriff's office of this State.
13 (a-3) Any peace officer employed by a law enforcement
14agency of this State may conduct temporary questioning
15pursuant to Section 107-14 of this Code and may make arrests in
16any jurisdiction within this State: (1) if the officer is
17engaged in the investigation of criminal activity that
18occurred in the officer's primary jurisdiction and the
19temporary questioning or arrest relates to, arises from, or is
20conducted pursuant to that investigation; or (2) if the
21officer, while on duty as a peace officer, becomes personally
22aware of the immediate commission of a felony or misdemeanor
23violation of the laws of this State; or (3) if the officer,
24while on duty as a peace officer, is requested by an
25appropriate State or local law enforcement official to render
26aid or assistance to the requesting law enforcement agency

HB4697- 299 -LRB103 35722 RLC 65802 b
1that is outside the officer's primary jurisdiction; or (4) in
2accordance with Section 2605-580 of the Illinois State Police
3Law of the Civil Administrative Code of Illinois. While acting
4pursuant to this subsection, an officer has the same authority
5as within his or her own jurisdiction.
6 (a-7) The law enforcement agency of the county or
7municipality in which any arrest is made under this Section
8shall be immediately notified of the arrest.
9 (b) Any peace officer of another State who enters this
10State in fresh pursuit and continues within this State in
11fresh pursuit of a person in order to arrest him on the ground
12that he has committed an offense in the other State has the
13same authority to arrest and hold the person in custody as
14peace officers of this State have to arrest and hold a person
15in custody on the ground that he has committed an offense in
16this State.
17 (c) If an arrest is made in this State by a peace officer
18of another State in accordance with the provisions of this
19Section he shall without unnecessary delay take the person
20arrested before the circuit court of the county in which the
21arrest was made. Such court shall conduct a hearing for the
22purpose of determining the lawfulness of the arrest. If the
23court determines that the arrest was lawful it shall commit
24the person arrested, to await for a reasonable time the
25issuance of an extradition warrant by the Governor of this
26State, or admit him to bail pretrial release for such purpose.

HB4697- 300 -LRB103 35722 RLC 65802 b
1If the court determines that the arrest was unlawful it shall
2discharge the person arrested.
3(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
4102-813, eff. 5-13-22.)
5 (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
6 Sec. 107-9. Issuance of arrest warrant upon complaint.
7 (a) When a complaint is presented to a court charging that
8an offense has been committed, it shall examine upon oath or
9affirmation the complainant or any witnesses.
10 (b) The complaint shall be in writing and shall:
11 (1) State the name of the accused if known, and if not
12 known the accused may be designated by any name or
13 description by which he can be identified with reasonable
14 certainty;
15 (2) State the offense with which the accused is
16 charged;
17 (3) State the time and place of the offense as
18 definitely as can be done by the complainant; and
19 (4) Be subscribed and sworn to by the complainant.
20 (b-5) If an arrest warrant or summons is sought and the
21request is made by electronic means that has a simultaneous
22video and audio transmission between the requester and a
23judge, the judge may issue an arrest warrant or summons based
24upon a sworn complaint or sworn testimony communicated in the
25transmission.

HB4697- 301 -LRB103 35722 RLC 65802 b
1 (c) A warrant shall or summons may be issued by the court
2for the arrest or appearance of the person complained against
3if it appears from the contents of the complaint and the
4examination of the complainant or other witnesses, if any,
5that the person against whom the complaint was made has
6committed an offense.
7 (d) The warrant of arrest or summons shall:
8 (1) Be in writing;
9 (2) Specify the name, sex and birth date of the person
10 to be arrested or summoned or, if his name, sex or birth
11 date is unknown, shall designate such person by any name
12 or description by which the person can be identified with
13 reasonable certainty;
14 (3) Set forth the nature of the offense;
15 (4) State the date when issued and the municipality or
16 county where issued;
17 (5) Be signed by the judge of the court with the title
18 of the judge's office; and
19 (6) Command that the person against whom the complaint
20 was made to be arrested and brought before the court
21 issuing the warrant or if he is absent or unable to act
22 before the nearest or most accessible court in the same
23 county issuing the warrant or the nearest or most
24 accessible court in the same county, or appear before the
25 court at a certain time and place;
26 (7) Specify the amount of bail conditions of pretrial

HB4697- 302 -LRB103 35722 RLC 65802 b
1 release, if any; and
2 (8) Specify any geographical limitation placed on the
3 execution of the warrant, if any, but such limitation
4 shall not be expressed in mileage.
5 (e) The summons may be served in the same manner as the
6summons in a civil action, except that a police officer may
7serve a summons for a violation of an ordinance occurring
8within the municipality of the police officer.
9 (f) If the person summoned fails to appear by the date
10required or cannot be located to serve the summons, a warrant
11may be issued by the court for the arrest of the person
12complained against.
13 (g) A warrant of arrest issued under this Section shall
14incorporate the information included in the summons, and shall
15comply with the following:
16 (1) The arrest warrant shall specify any geographic
17 limitation placed on the execution of the warrant, but
18 such limitation shall not be expressed in mileage.
19 (e) (2) The arrest warrant shall be directed to all peace
20officers in the State. It shall be executed by the peace
21officer, or by a private person specially named therein, at
22any location within the geographic limitation for execution
23placed on the warrant. If no geographic limitation is placed
24on the warrant, then it may be executed anywhere in the State.
25 (f) (h) The arrest warrant or summons may be issued
26electronically or electromagnetically by use of electronic

HB4697- 303 -LRB103 35722 RLC 65802 b
1mail or a facsimile transmission machine and any such arrest
2warrant or summons shall have the same validity as a written
3arrest warrant or summons.
4(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23;
5102-1104, eff. 1-1-23.)
6 (725 ILCS 5/107-11) (from Ch. 38, par. 107-11)
7 Sec. 107-11. When summons may be issued.
8 (a) When authorized to issue a warrant of arrest, a court
9may instead issue a summons.
10 (b) The summons shall:
11 (1) Be in writing;
12 (2) State the name of the person summoned and his or
13 her address, if known;
14 (3) Set forth the nature of the offense;
15 (4) State the date when issued and the municipality or
16 county where issued;
17 (5) Be signed by the judge of the court with the title
18 of his or her office; and
19 (6) Command the person to appear before a court at a
20 certain time and place.
21 (c) The summons may be served in the same manner as the
22summons in a civil action or by certified or regular mail,
23except that police officers may serve summons for violations
24of ordinances occurring within their municipalities.
25(Source: P.A. 102-1104, eff. 12-6-22.)

HB4697- 304 -LRB103 35722 RLC 65802 b
1 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
2 Sec. 109-1. Person arrested; release from law enforcement
3custody and court appearance; geographic constraints prevent
4in-person appearances.
5 (a) A person arrested with or without a warrant for an
6offense for which pretrial release may be denied under
7paragraphs (1) through (6) of Section 110-6.1 shall be taken
8without unnecessary delay before the nearest and most
9accessible judge in that county, except when such county is a
10participant in a regional jail authority, in which event such
11person may be taken to the nearest and most accessible judge,
12irrespective of the county where such judge presides, within
1348 hours, and a charge shall be filed. Whenever a person
14arrested either with or without a warrant is required to be
15taken before a judge, a charge may be filed against such person
16by way of a two-way closed circuit television system
17audio-visual communication system, except that a hearing to
18deny pretrial release bail to the defendant may not be
19conducted by way of closed circuit television two-way
20audio-visual communication system unless the accused waives
21the right to be present physically in court, the court
22determines that the physical health and safety of any person
23necessary to the proceedings would be endangered by appearing
24in court, or the chief judge of the circuit orders use of that
25system due to operational challenges in conducting the hearing

HB4697- 305 -LRB103 35722 RLC 65802 b
1in person. Such operational challenges must be documented and
2approved by the chief judge of the circuit, and a plan to
3address the challenges through reasonable efforts must be
4presented and approved by the Administrative Office of the
5Illinois Courts every 6 months..
6 (a-1) Law enforcement shall issue a citation in lieu of
7custodial arrest, upon proper identification, for those
8accused of any offense that is not a felony or Class A
9misdemeanor unless (i) a law enforcement officer reasonably
10believes the accused poses a threat to the community or any
11person, (ii) a custodial arrest is necessary because the
12criminal activity persists after the issuance of a citation,
13or (iii) the accused has an obvious medical or mental health
14issue that poses a risk to the accused's own safety. Nothing in
15this Section requires arrest in the case of Class A
16misdemeanor and felony offenses, or otherwise limits existing
17law enforcement discretion to decline to effect a custodial
18arrest.
19 (a-3) A person arrested with or without a warrant for an
20offense for which pretrial release may not be denied may,
21except as otherwise provided in this Code, be released by a law
22enforcement officer without appearing before a judge. A
23presumption in favor of pretrial release shall be applied by
24an arresting officer in the exercise of his or her discretion
25under this Section.
26 (a-5) A person charged with an offense shall be allowed

HB4697- 306 -LRB103 35722 RLC 65802 b
1counsel at the hearing at which pretrial release bail is
2determined under Article 110 of this Code. If the defendant
3desires counsel for his or her initial appearance but is
4unable to obtain counsel, the court shall appoint a public
5defender or licensed attorney at law of this State to
6represent him or her for purposes of that hearing.
7 (b) Upon initial appearance of a person before the court,
8the The judge shall:
9 (1) inform the defendant of the charge against him and
10 shall provide him with a copy of the charge;
11 (2) advise the defendant of his right to counsel and
12 if indigent shall appoint a public defender or licensed
13 attorney at law of this State to represent him in
14 accordance with the provisions of Section 113-3 of this
15 Code;
16 (3) schedule a preliminary hearing in appropriate
17 cases;
18 (4) admit the defendant to pretrial release bail in
19 accordance with the provisions of Article 110/5 110 of
20 this Code, or upon verified petition of the State, proceed
21 with the setting of a detention hearing as provided in
22 Section 110-6.1; and
23 (5) order Order the confiscation of the person's
24 passport or impose travel restrictions on a defendant
25 arrested for first degree murder or other violent crime as
26 defined in Section 3 of the Rights of Crime Victims and

HB4697- 307 -LRB103 35722 RLC 65802 b
1 Witnesses Act, if the judge determines, based on the
2 factors in Section 110-5 of this Code, that this will
3 reasonably ensure the appearance of the defendant and
4 compliance by the defendant with all conditions of
5 release.
6 (c) The court may issue an order of protection in
7accordance with the provisions of Article 112A of this Code.
8Crime victims shall be given notice by the State's Attorney's
9office of this hearing as required in paragraph (2) of
10subsection (b) of the Rights of Crime Victims and Witnesses
11Act and shall be informed of their opportunity at this hearing
12to obtain an order of protection under Article 112A of this
13Code.
14 (d) At the initial appearance of a defendant in any
15criminal proceeding, the court must advise the defendant in
16open court that any foreign national who is arrested or
17detained has the right to have notice of the arrest or
18detention given to his or her country's consular
19representatives and the right to communicate with those
20consular representatives if the notice has not already been
21provided. The court must make a written record of so advising
22the defendant.
23 (e) If consular notification is not provided to a
24defendant before his or her first appearance in court, the
25court shall grant any reasonable request for a continuance of
26the proceedings to allow contact with the defendant's

HB4697- 308 -LRB103 35722 RLC 65802 b
1consulate. Any delay caused by the granting of the request by a
2defendant shall temporarily suspend for the time of the delay
3the period within which a person shall be tried as prescribed
4by subsections (a), (b), or (e) of Section 103-5 of this Code
5and on the day of the expiration of delay the period shall
6continue at the point at which it was suspended.
7 (f) At the hearing at which conditions of pretrial release
8are determined, the person charged shall be present in person
9rather than by two-way audio-video communication system unless
10the accused waives the right to be present physically in
11court, the court determines that the physical health and
12safety of any person necessary to the proceedings would be
13endangered by appearing in court, or the chief judge of the
14circuit orders use of that system due to operational
15challenges in conducting the hearing in person. Such
16operational challenges must be documented and approved by the
17chief judge of the circuit, and a plan to address the
18challenges through reasonable efforts must be presented and
19approved by the Administrative Office of the Illinois Courts
20every 6 months.
21 (g) Defense counsel shall be given adequate opportunity to
22confer with the defendant prior to any hearing in which
23conditions of release or the detention of the defendant is to
24be considered, with a physical accommodation made to
25facilitate attorney/client consultation. If defense counsel
26needs to confer or consult with the defendant during any

HB4697- 309 -LRB103 35722 RLC 65802 b
1hearing conducted via a two-way audio-visual communication
2system, such consultation shall not be recorded and shall be
3undertaken consistent with constitutional protections.
4(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;
5102-1104, eff. 1-1-23.)
6 (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
7 Sec. 109-2. Person arrested in another county.
8 (a) Any person arrested in a county other than the one in
9which a warrant for his arrest was issued shall be taken
10without unnecessary delay before the nearest and most
11accessible judge in the county where the arrest was made or, if
12no additional delay is created, before the nearest and most
13accessible judge in the county from which the warrant was
14issued. He shall be admitted to bail in the amount specified in
15the warrant or, for offenses other than felonies, in an amount
16as set by the judge, and such bail shall be conditioned on his
17appearing in the court issuing the warrant on a certain date.
18The judge may hold a hearing to determine if the defendant is
19the same person as named in the warrant.
20 (b) Notwithstanding the provisions of subsection (a), any
21person arrested in a county other than the one in which a
22warrant for his arrest was issued, may waive the right to be
23taken before a judge in the county where the arrest was made.
24If a person so arrested waives such right, the arresting
25agency shall surrender such person to a law enforcement agency

HB4697- 310 -LRB103 35722 RLC 65802 b
1of the county that issued the warrant without unnecessary
2delay. The provisions of Section 109-1 shall then apply to the
3person so arrested.
4 (c) If a person is taken before a judge in any county and a
5warrant for arrest issued by another Illinois county exists
6for that person, the court in the arresting county shall hold
7for that person a detention hearing under Section 110-6.1, or
8other hearing under Section 110-5 or Section 110-6.
9 (d) After the court in the arresting county has determined
10whether the person shall be released or detained on the
11arresting offense, the court shall then order the sheriff to
12immediately contact the sheriff in any county where any
13warrant is outstanding and notify them of the arrest of the
14individual.
15 (e) If a person has a warrant in another county for an
16offense, then, no later than 5 calendar days after the end of
17any detention issued on the charge in the arresting county,
18the county where the warrant is outstanding shall do one of the
19following:
20 (1) transport the person to the county where the
21 warrant was issued for a hearing under Section 110-6 or
22 110-6.1 in the matter for which the warrant was issued; or
23 (2) quash the warrant and order the person released on
24 the case for which the warrant was issued only when the
25 county that issued the warrant fails to transport the
26 defendant in the timeline as proscribed.

HB4697- 311 -LRB103 35722 RLC 65802 b
1 (f) If the issuing county fails to take any action under
2subsection (e) within 5 calendar days, the defendant shall be
3released from custody on the warrant, and the circuit judge or
4associate circuit judge in the county of arrest shall set
5conditions of release under Section 110-5 and shall admit the
6defendant to pretrial release for his or her appearance before
7the court named in the warrant. Upon releasing the defendant,
8the circuit judge or associate circuit judge shall certify
9such a fact on the warrant and deliver the warrant and the
10acknowledgment by the defendant of his or her receiving the
11conditions of pretrial release to the officer having charge of
12the defendant from arrest and without delay deliver such
13warrant and such acknowledgment by the defendant of his or her
14receiving the conditions to the court before which the
15defendant is required to appear.
16 (g) If a person has a warrant in another county, in lieu of
17transporting the person to the issuing county as outlined in
18subsection (e), the issuing county may hold the hearing by way
19of a two-way audio-visual communication system if the accused
20waives the right to be physically present in court, the court
21determines that the physical health and safety of any person
22necessary to the proceedings would be endangered by appearing
23in court, or the chief judge of the circuit orders use of that
24system due to operational challenges in conducting the hearing
25in person. Such operational challenges must be documented and
26approved by the chief judge of the circuit, and a plan to

HB4697- 312 -LRB103 35722 RLC 65802 b
1address the challenges through reasonable efforts must be
2presented and approved by the Administrative Office of the
3Illinois Courts every 6 months.
4 (h) If more than 2 Illinois county warrants exist, the
5judge in the county of arrest shall order that the process
6described in subsections (d) through (f) occur in each county
7in whatever order the judge finds most appropriate. Each judge
8in each subsequent county shall then follow the rules in this
9Section.
10 (i) This Section applies only to warrants issued by
11Illinois state, county, or municipal courts.
12 (j) When an issuing agency is contacted by an out-of-state
13agency of a person arrested for any offense, or when an
14arresting agency is contacted by or contacts an out-of-state
15issuing agency, the Uniform Criminal Extradition Act shall
16govern.
17(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
18 (725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
19 Sec. 109-3. Preliminary examination.
20 (a) The judge shall hold the defendant to answer to the
21court having jurisdiction of the offense if from the evidence
22it appears there is probable cause to believe an offense has
23been committed by the defendant, as provided in Section
24109-3.1 of this Code, if the offense is a felony.
25 (b) If the defendant waives preliminary examination the

HB4697- 313 -LRB103 35722 RLC 65802 b
1judge shall hold him to answer and may, or on the demand of the
2prosecuting attorney shall, cause the witnesses for the State
3to be examined. After hearing the testimony if it appears that
4there is not probable cause to believe the defendant guilty of
5any offense the judge shall discharge him.
6 (c) During the examination of any witness or when the
7defendant is making a statement or testifying the judge may
8and on the request of the defendant or State shall exclude all
9other witnesses. He may also cause the witnesses to be kept
10separate and to be prevented from communicating with each
11other until all are examined.
12 (d) If the defendant is held to answer the judge may
13require any material witness for the State or defendant to
14enter into a written undertaking to appear at the trial, and
15may provide for the forfeiture of a sum certain in the event
16the witness does not appear at the trial. Any witness who
17refuses to execute a recognizance may be committed by the
18judge to the custody of the sheriff until trial or further
19order of the court having jurisdiction of the cause. Any
20witness who executes a recognizance and fails to comply with
21its terms shall, in addition to any forfeiture provided in the
22recognizance, be subject to the penalty provided in Section
2332-10 of the Criminal Code of 2012 for violation of bail bond
24commits a Class C misdemeanor.
25 (e) During preliminary hearing or examination the
26defendant may move for an order of suppression of evidence

HB4697- 314 -LRB103 35722 RLC 65802 b
1pursuant to Section 114-11 or 114-12 of this Act or for other
2reasons, and may move for dismissal of the charge pursuant to
3Section 114-1 of this Act or for other reasons.
4(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
5 (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
6 Sec. 109-3.1. Persons charged with felonies.
7 (a) In any case involving a person charged with a felony in
8this State, alleged to have been committed on or after January
91, 1984, the provisions of this Section shall apply.
10 (b) Every person in custody in this State for the alleged
11commission of a felony shall receive either a preliminary
12examination as provided in Section 109-3 or an indictment by
13Grand Jury as provided in Section 111-2, within 30 days from
14the date he or she was taken into custody. Every person on bail
15or recognizance released pretrial for the alleged commission
16of a felony shall receive either a preliminary examination as
17provided in Section 109-3 or an indictment by Grand Jury as
18provided in Section 111-2, within 60 days from the date he or
19she was arrested.
20 The provisions of this paragraph shall not apply in the
21following situations:
22 (1) when delay is occasioned by the defendant; or
23 (2) when the defendant has been indicted by the Grand
24 Jury on the felony offense for which he or she was
25 initially taken into custody or on an offense arising from

HB4697- 315 -LRB103 35722 RLC 65802 b
1 the same transaction or conduct of the defendant that was
2 the basis for the felony offense or offenses initially
3 charged; or
4 (3) when a competency examination is ordered by the
5 court; or
6 (4) when a competency hearing is held; or
7 (5) when an adjudication of incompetency for trial has
8 been made; or
9 (6) when the case has been continued by the court
10 under Section 114-4 of this Code after a determination
11 that the defendant is physically incompetent to stand
12 trial.
13 (c) Delay occasioned by the defendant shall temporarily
14suspend, for the time of the delay, the period within which the
15preliminary examination must be held. On the day of expiration
16of the delay the period in question shall continue at the point
17at which it was suspended.
18(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
19 (725 ILCS 5/Art. 110 heading)
20
ARTICLE 110. BAIL PRETRIAL RELEASE
21 (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
22 Sec. 110-1. Definitions. As used in this Article:
23 (a) (Blank).
24 "Security" is that which is required to be pledged to

HB4697- 316 -LRB103 35722 RLC 65802 b
1insure the payment of bail.
2 (b) "Sureties" encompasses the monetary and nonmonetary
3requirements set by the court as conditions for release either
4before or after conviction. "Surety" is one who executes a
5bail bond and binds himself to pay the bail if the person in
6custody fails to comply with all conditions of the bail bond.
7 (c) The phrase "for which a sentence of imprisonment,
8without conditional and revocable release, shall be imposed by
9law as a consequence of conviction" means an offense for which
10a sentence of imprisonment in the Department of Corrections,
11without probation, periodic imprisonment or conditional
12discharge, is required by law upon conviction.
13 "Real and present threat to the physical safety of any
14person or persons", as used in this Article, includes a threat
15to the community, person, persons or class of persons.
16 (d)(Blank).
17 (e) "Protective order" means any order of protection
18issued under Section 112A-14 of this Code or the Illinois
19Domestic Violence Act of 1986, a stalking no contact order
20issued under Section 80 of the Stalking No Contact Order Act,
21or a civil no contact order issued under Section 213 of the
22Civil No Contact Order Act.
23 (f) "Willful flight" means intentional conduct with a
24purpose to thwart the judicial process to avoid prosecution.
25Isolated instances of nonappearance in court alone are not
26evidence of the risk of willful flight. Reoccurrence and

HB4697- 317 -LRB103 35722 RLC 65802 b
1patterns of intentional conduct to evade prosecution, along
2with any affirmative steps to communicate or remedy any such
3missed court date, may be considered as factors in assessing
4future intent to evade prosecution.
5(Source: P.A. 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23;
6103-154, eff. 6-30-23.)
7 (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
8 Sec. 110-2. Release on own recognizance Pretrial release.
9When from all the circumstances the court is of the opinion
10that the defendant will appear as required either before or
11after conviction and the defendant will not pose a danger to
12any person or the community and that the defendant will comply
13with all conditions of bond, which shall include the
14defendant's current address with a written admonishment to the
15defendant that he or she must comply with the provisions of
16Section 110-12 of this Code regarding any change in his or her
17address, the defendant may be released on his or her own
18recognizance. The defendant's address shall at all times
19remain a matter of public record with the clerk of the court. A
20failure to appear as required by such recognizance shall
21constitute an offense subject to the penalty provided in
22Section 32-10 of the Criminal Code of 2012 for violation of the
23bail bond, and any obligated sum fixed in the recognizance
24shall be forfeited and collected in accordance with subsection
25(g) of Section 110-7.1 of this Code.

HB4697- 318 -LRB103 35722 RLC 65802 b
1 This Section shall be liberally construed to effectuate
2the purpose of relying upon contempt of court proceedings or
3criminal sanctions instead of financial loss to assure the
4appearance of the defendant, and that the defendant will not
5pose a danger to any person or the community and that the
6defendant will comply with all conditions of bond. Monetary
7bail should be set only when it is determined that no other
8conditions of release will reasonably assure the defendant's
9appearance in court, that the defendant does not present a
10danger to any person or the community and that the defendant
11will comply with all conditions of bond.
12 The State may appeal any order permitting release by
13personal recognizance.
14 (a) All persons charged with an offense shall be eligible
15for pretrial release before conviction. It is presumed that a
16defendant is entitled to release on personal recognizance on
17the condition that the defendant attend all required court
18proceedings and the defendant does not commit any criminal
19offense, and complies with all terms of pretrial release,
20including, but not limited to, orders of protection under both
21Section 112A-4 of this Code and Section 214 of the Illinois
22Domestic Violence Act of 1986, all civil no contact orders,
23and all stalking no contact orders. Pretrial release may be
24denied only if a person is charged with an offense listed in
25Section 110-6.1 and after the court has held a hearing under
26Section 110-6.1, and in a manner consistent with subsections

HB4697- 319 -LRB103 35722 RLC 65802 b
1(b), (c), and (d) of this Section.
2 (b) At all pretrial hearings, the prosecution shall have
3the burden to prove by clear and convincing evidence that any
4condition of release is necessary.
5 (c) When it is alleged that pretrial release should be
6denied to a person upon the grounds that the person presents a
7real and present threat to the safety of any person or persons
8or the community, based on the specific articulable facts of
9the case, the burden of proof of such allegations shall be upon
10the State.
11 (d) When it is alleged that pretrial release should be
12denied to a person charged with stalking or aggravated
13stalking upon the grounds set forth in Section 110-6.3, the
14burden of proof of those allegations shall be upon the State.
15 (e) This Section shall be liberally construed to
16effectuate the purpose of relying on pretrial release by
17nonmonetary means to reasonably ensure an eligible person's
18appearance in court, the protection of the safety of any other
19person or the community, that the person will not attempt or
20obstruct the criminal justice process, and the person's
21compliance with all conditions of release, while authorizing
22the court, upon motion of a prosecutor, to order pretrial
23detention of the person under Section 110-6.1 when it finds
24clear and convincing evidence that no condition or combination
25of conditions can reasonably ensure the effectuation of these
26goals.

HB4697- 320 -LRB103 35722 RLC 65802 b
1(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
2 (725 ILCS 5/110-3.1 new)
3 Sec. 110-3.1. Issuance of warrant.
4 (a) Upon failure to comply with any condition of a bail
5bond or recognizance the court having jurisdiction at the time
6of such failure may, in addition to any other action provided
7by law, issue a warrant for the arrest of the person at liberty
8on bail or his own recognizance. The contents of such a warrant
9shall be the same as required for an arrest warrant issued upon
10complaint. When a defendant is at liberty on bail or his own
11recognizance on a felony charge and fails to appear in court as
12directed, the court shall issue a warrant for the arrest of
13such person. Such warrant shall be noted with a directive to
14peace officers to arrest the person and hold such person
15without bail and to deliver such person before the court for
16further proceedings.
17 (b) A defendant who is arrested or surrenders within 30
18days of the issuance of such warrant shall not be bailable in
19the case in question unless he shows by the preponderance of
20the evidence that his failure to appear was not intentional.
21 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
22 Sec. 110-5. Determining the amount of bail and conditions
23of release.
24 (a) In determining the amount of monetary bail or

HB4697- 321 -LRB103 35722 RLC 65802 b
1conditions of release, if any, which will reasonably assure
2the appearance of a defendant as required or the safety of any
3other person or the community and the likelihood of compliance
4by the defendant with all the conditions of bail, the court
5shall, on the basis of available information, take into
6account such matters as the nature and circumstances of the
7offense charged, whether the evidence shows that as part of
8the offense there was a use of violence or threatened use of
9violence, whether the offense involved corruption of public
10officials or employees, whether there was physical harm or
11threats of physical harm to any public official, public
12employee, judge, prosecutor, juror or witness, senior citizen,
13child, or person with a disability, whether evidence shows
14that during the offense or during the arrest the defendant
15possessed or used a firearm, machine gun, explosive or metal
16piercing ammunition or explosive bomb device or any military
17or paramilitary armament, whether the evidence shows that the
18offense committed was related to or in furtherance of the
19criminal activities of an organized gang or was motivated by
20the defendant's membership in or allegiance to an organized
21gang, the condition of the victim, any written statement
22submitted by the victim or proffer or representation by the
23State regarding the impact which the alleged criminal conduct
24has had on the victim and the victim's concern, if any, with
25further contact with the defendant if released on bail,
26whether the offense was based on racial, religious, sexual

HB4697- 322 -LRB103 35722 RLC 65802 b
1orientation or ethnic hatred, the likelihood of the filing of
2a greater charge, the likelihood of conviction, the sentence
3applicable upon conviction, the weight of the evidence against
4such defendant, whether there exists motivation or ability to
5flee, whether there is any verification as to prior residence,
6education, or family ties in the local jurisdiction, in
7another county, state or foreign country, the defendant's
8employment, financial resources, character and mental
9condition, past conduct, prior use of alias names or dates of
10birth, and length of residence in the community, the consent
11of the defendant to periodic drug testing in accordance with
12Section 110-6.5-1, whether a foreign national defendant is
13lawfully admitted in the United States of America, whether the
14government of the foreign national maintains an extradition
15treaty with the United States by which the foreign government
16will extradite to the United States its national for a trial
17for a crime allegedly committed in the United States, whether
18the defendant is currently subject to deportation or exclusion
19under the immigration laws of the United States, whether the
20defendant, although a United States citizen, is considered
21under the law of any foreign state a national of that state for
22the purposes of extradition or non-extradition to the United
23States, the amount of unrecovered proceeds lost as a result of
24the alleged offense, the source of bail funds tendered or
25sought to be tendered for bail, whether from the totality of
26the court's consideration, the loss of funds posted or sought

HB4697- 323 -LRB103 35722 RLC 65802 b
1to be posted for bail will not deter the defendant from flight,
2whether the evidence shows that the defendant is engaged in
3significant possession, manufacture, or delivery of a
4controlled substance or cannabis, either individually or in
5consort with others, whether at the time of the offense
6charged he or she was on bond or pre-trial release pending
7trial, probation, periodic imprisonment or conditional
8discharge pursuant to this Code or the comparable Code of any
9other state or federal jurisdiction, whether the defendant is
10on bond or pre-trial release pending the imposition or
11execution of sentence or appeal of sentence for any offense
12under the laws of Illinois or any other state or federal
13jurisdiction, whether the defendant is under parole, aftercare
14release, mandatory supervised release, or work release from
15the Illinois Department of Corrections or Illinois Department
16of Juvenile Justice or any penal institution or corrections
17department of any state or federal jurisdiction, the
18defendant's record of convictions, whether the defendant has
19been convicted of a misdemeanor or ordinance offense in
20Illinois or similar offense in other state or federal
21jurisdiction within the 10 years preceding the current charge
22or convicted of a felony in Illinois, whether the defendant
23was convicted of an offense in another state or federal
24jurisdiction that would be a felony if committed in Illinois
25within the 20 years preceding the current charge or has been
26convicted of such felony and released from the penitentiary

HB4697- 324 -LRB103 35722 RLC 65802 b
1within 20 years preceding the current charge if a penitentiary
2sentence was imposed in Illinois or other state or federal
3jurisdiction, the defendant's records of juvenile adjudication
4of delinquency in any jurisdiction, any record of appearance
5or failure to appear by the defendant at court proceedings,
6whether there was flight to avoid arrest or prosecution,
7whether the defendant escaped or attempted to escape to avoid
8arrest, whether the defendant refused to identify himself or
9herself, or whether there was a refusal by the defendant to be
10fingerprinted as required by law. Information used by the
11court in its findings or stated in or offered in connection
12with this Section may be by way of proffer based upon reliable
13information offered by the State or defendant. All evidence
14shall be admissible if it is relevant and reliable regardless
15of whether it would be admissible under the rules of evidence
16applicable at criminal trials. If the State presents evidence
17that the offense committed by the defendant was related to or
18in furtherance of the criminal activities of an organized gang
19or was motivated by the defendant's membership in or
20allegiance to an organized gang, and if the court determines
21that the evidence may be substantiated, the court shall
22prohibit the defendant from associating with other members of
23the organized gang as a condition of bail or release. For the
24purposes of this Section, "organized gang" has the meaning
25ascribed to it in Section 10 of the Illinois Streetgang
26Terrorism Omnibus Prevention Act.

HB4697- 325 -LRB103 35722 RLC 65802 b
1 (a-5) There shall be a presumption that any conditions of
2release imposed shall be non-monetary in nature and the court
3shall impose the least restrictive conditions or combination
4of conditions necessary to reasonably assure the appearance of
5the defendant for further court proceedings and protect the
6integrity of the judicial proceedings from a specific threat
7to a witness or participant. Conditions of release may
8include, but not be limited to, electronic home monitoring,
9curfews, drug counseling, stay-away orders, and in-person
10reporting. The court shall consider the defendant's
11socio-economic circumstance when setting conditions of release
12or imposing monetary bail.
13 (b) The amount of bail shall be:
14 (1) Sufficient to assure compliance with the
15 conditions set forth in the bail bond, which shall include
16 the defendant's current address with a written
17 admonishment to the defendant that he or she must comply
18 with the provisions of Section 110-12 regarding any change
19 in his or her address. The defendant's address shall at
20 all times remain a matter of public record with the clerk
21 of the court.
22 (2) Not oppressive.
23 (3) Considerate of the financial ability of the
24 accused.
25 (4) When a person is charged with a drug related
26 offense involving possession or delivery of cannabis or

HB4697- 326 -LRB103 35722 RLC 65802 b
1 possession or delivery of a controlled substance as
2 defined in the Cannabis Control Act, the Illinois
3 Controlled Substances Act, or the Methamphetamine Control
4 and Community Protection Act, the full street value of the
5 drugs seized shall be considered. "Street value" shall be
6 determined by the court on the basis of a proffer by the
7 State based upon reliable information of a law enforcement
8 official contained in a written report as to the amount
9 seized and such proffer may be used by the court as to the
10 current street value of the smallest unit of the drug
11 seized.
12 (b-5) Upon the filing of a written request demonstrating
13reasonable cause, the State's Attorney may request a source of
14bail hearing either before or after the posting of any funds.
15If the hearing is granted, before the posting of any bail, the
16accused must file a written notice requesting that the court
17conduct a source of bail hearing. The notice must be
18accompanied by justifying affidavits stating the legitimate
19and lawful source of funds for bail. At the hearing, the court
20shall inquire into any matters stated in any justifying
21affidavits, and may also inquire into matters appropriate to
22the determination which shall include, but are not limited to,
23the following:
24 (1) the background, character, reputation, and
25 relationship to the accused of any surety; and
26 (2) the source of any money or property deposited by

HB4697- 327 -LRB103 35722 RLC 65802 b
1 any surety, and whether any such money or property
2 constitutes the fruits of criminal or unlawful conduct;
3 and
4 (3) the source of any money posted as cash bail, and
5 whether any such money constitutes the fruits of criminal
6 or unlawful conduct; and
7 (4) the background, character, reputation, and
8 relationship to the accused of the person posting cash
9 bail.
10 Upon setting the hearing, the court shall examine, under
11oath, any persons who may possess material information.
12 The State's Attorney has a right to attend the hearing, to
13call witnesses and to examine any witness in the proceeding.
14The court shall, upon request of the State's Attorney,
15continue the proceedings for a reasonable period to allow the
16State's Attorney to investigate the matter raised in any
17testimony or affidavit. If the hearing is granted after the
18accused has posted bail, the court shall conduct a hearing
19consistent with this subsection (b-5). At the conclusion of
20the hearing, the court must issue an order either approving or
21disapproving the bail.
22 (c) When a person is charged with an offense punishable by
23fine only the amount of the bail shall not exceed double the
24amount of the maximum penalty.
25 (d) When a person has been convicted of an offense and only
26a fine has been imposed the amount of the bail shall not exceed

HB4697- 328 -LRB103 35722 RLC 65802 b
1double the amount of the fine.
2 (e) The State may appeal any order granting bail or
3setting a given amount for bail.
4 (f) When a person is charged with a violation of an order
5of protection under Section 12-3.4 or 12-30 of the Criminal
6Code of 1961 or the Criminal Code of 2012 or when a person is
7charged with domestic battery, aggravated domestic battery,
8kidnapping, aggravated kidnaping, unlawful restraint,
9aggravated unlawful restraint, stalking, aggravated stalking,
10cyberstalking, harassment by telephone, harassment through
11electronic communications, or an attempt to commit first
12degree murder committed against an intimate partner regardless
13whether an order of protection has been issued against the
14person,
15 (1) whether the alleged incident involved harassment
16 or abuse, as defined in the Illinois Domestic Violence Act
17 of 1986;
18 (2) whether the person has a history of domestic
19 violence, as defined in the Illinois Domestic Violence
20 Act, or a history of other criminal acts;
21 (3) based on the mental health of the person;
22 (4) whether the person has a history of violating the
23 orders of any court or governmental entity;
24 (5) whether the person has been, or is, potentially a
25 threat to any other person;
26 (6) whether the person has access to deadly weapons or

HB4697- 329 -LRB103 35722 RLC 65802 b
1 a history of using deadly weapons;
2 (7) whether the person has a history of abusing
3 alcohol or any controlled substance;
4 (8) based on the severity of the alleged incident that
5 is the basis of the alleged offense, including, but not
6 limited to, the duration of the current incident, and
7 whether the alleged incident involved the use of a weapon,
8 physical injury, sexual assault, strangulation, abuse
9 during the alleged victim's pregnancy, abuse of pets, or
10 forcible entry to gain access to the alleged victim;
11 (9) whether a separation of the person from the
12 alleged victim or a termination of the relationship
13 between the person and the alleged victim has recently
14 occurred or is pending;
15 (10) whether the person has exhibited obsessive or
16 controlling behaviors toward the alleged victim,
17 including, but not limited to, stalking, surveillance, or
18 isolation of the alleged victim or victim's family member
19 or members;
20 (11) whether the person has expressed suicidal or
21 homicidal ideations;
22 (12) based on any information contained in the
23 complaint and any police reports, affidavits, or other
24 documents accompanying the complaint;
25the court may, in its discretion, order the respondent to
26undergo a risk assessment evaluation using a recognized,

HB4697- 330 -LRB103 35722 RLC 65802 b
1evidence-based instrument conducted by an Illinois Department
2of Human Services approved partner abuse intervention program
3provider, pretrial service, probation, or parole agency. These
4agencies shall have access to summaries of the defendant's
5criminal history, which shall not include victim interviews or
6information, for the risk evaluation. Based on the information
7collected from the 12 points to be considered at a bail hearing
8under this subsection (f), the results of any risk evaluation
9conducted and the other circumstances of the violation, the
10court may order that the person, as a condition of bail, be
11placed under electronic surveillance as provided in Section
125-8A-7 of the Unified Code of Corrections. Upon making a
13determination whether or not to order the respondent to
14undergo a risk assessment evaluation or to be placed under
15electronic surveillance and risk assessment, the court shall
16document in the record the court's reasons for making those
17determinations. The cost of the electronic surveillance and
18risk assessment shall be paid by, or on behalf, of the
19defendant. As used in this subsection (f), "intimate partner"
20means a spouse or a current or former partner in a cohabitation
21or dating relationship.
22 (a) In determining which conditions of pretrial release,
23if any, will reasonably ensure the appearance of a defendant
24as required or the safety of any other person or the community
25and the likelihood of compliance by the defendant with all the
26conditions of pretrial release, the court shall, on the basis

HB4697- 331 -LRB103 35722 RLC 65802 b
1of available information, take into account such matters as:
2 (1) the nature and circumstances of the offense
3 charged;
4 (2) the weight of the evidence against the defendant,
5 except that the court may consider the admissibility of
6 any evidence sought to be excluded;
7 (3) the history and characteristics of the defendant,
8 including:
9 (A) the defendant's character, physical and mental
10 condition, family ties, employment, financial
11 resources, length of residence in the community,
12 community ties, past relating to drug or alcohol
13 abuse, conduct, history criminal history, and record
14 concerning appearance at court proceedings; and
15 (B) whether, at the time of the current offense or
16 arrest, the defendant was on probation, parole, or on
17 other release pending trial, sentencing, appeal, or
18 completion of sentence for an offense under federal
19 law, or the law of this or any other state;
20 (4) the nature and seriousness of the real and present
21 threat to the safety of any person or persons or the
22 community, based on the specific articulable facts of the
23 case, that would be posed by the defendant's release, if
24 applicable, as required under paragraph (7.5) of Section 4
25 of the Rights of Crime Victims and Witnesses Act;
26 (5) the nature and seriousness of the risk of

HB4697- 332 -LRB103 35722 RLC 65802 b
1 obstructing or attempting to obstruct the criminal justice
2 process that would be posed by the defendant's release, if
3 applicable;
4 (6) when a person is charged with a violation of a
5 protective order, domestic battery, aggravated domestic
6 battery, kidnapping, aggravated kidnaping, unlawful
7 restraint, aggravated unlawful restraint, cyberstalking,
8 harassment by telephone, harassment through electronic
9 communications, or an attempt to commit first degree
10 murder committed against a spouse or a current or former
11 partner in a cohabitation or dating relationship,
12 regardless of whether an order of protection has been
13 issued against the person, the court may consider the
14 following additional factors:
15 (A) whether the alleged incident involved
16 harassment or abuse, as defined in the Illinois
17 Domestic Violence Act of 1986;
18 (B) whether the person has a history of domestic
19 violence, as defined in the Illinois Domestic Violence
20 Act of 1986, or a history of other criminal acts;
21 (C) the mental health of the person;
22 (D) whether the person has a history of violating
23 the orders of any court or governmental entity;
24 (E) whether the person has been, or is,
25 potentially a threat to any other person;
26 (F) whether the person has access to deadly

HB4697- 333 -LRB103 35722 RLC 65802 b
1 weapons or a history of using deadly weapons;
2 (G) whether the person has a history of abusing
3 alcohol or any controlled substance;
4 (H) the severity of the alleged incident that is
5 the basis of the alleged offense, including, but not
6 limited to, the duration of the current incident, and
7 whether the alleged incident involved the use of a
8 weapon, physical injury, sexual assault,
9 strangulation, abuse during the alleged victim's
10 pregnancy, abuse of pets, or forcible entry to gain
11 access to the alleged victim;
12 (I) whether a separation of the person from the
13 victim of abuse or a termination of the relationship
14 between the person and the victim of abuse has
15 recently occurred or is pending;
16 (J) whether the person has exhibited obsessive or
17 controlling behaviors toward the victim of abuse,
18 including, but not limited to, stalking, surveillance,
19 or isolation of the victim of abuse or the victim's
20 family member or members;
21 (K) whether the person has expressed suicidal or
22 homicidal ideations; and
23 (L) any other factors deemed by the court to have a
24 reasonable bearing upon the defendant's propensity or
25 reputation for violent, abusive, or assaultive
26 behavior, or lack of that behavior.

HB4697- 334 -LRB103 35722 RLC 65802 b
1 (7) in cases of stalking or aggravated stalking under
2 Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
3 court may consider the factors listed in paragraph (6) and
4 the following additional factors:
5 (A) any evidence of the defendant's prior criminal
6 history indicative of violent, abusive or assaultive
7 behavior, or lack of that behavior; the evidence may
8 include testimony or documents received in juvenile
9 proceedings, criminal, quasi-criminal, civil
10 commitment, domestic relations, or other proceedings;
11 (B) any evidence of the defendant's psychological,
12 psychiatric, or other similar social history that
13 tends to indicate a violent, abusive, or assaultive
14 nature, or lack of any such history;
15 (C) the nature of the threat that is the basis of
16 the charge against the defendant;
17 (D) any statements made by, or attributed to, the
18 defendant, together with the circumstances surrounding
19 them;
20 (E) the age and physical condition of any person
21 allegedly assaulted by the defendant;
22 (F) whether the defendant is known to possess or
23 have access to any weapon or weapons; and
24 (G) any other factors deemed by the court to have a
25 reasonable bearing upon the defendant's propensity or
26 reputation for violent, abusive, or assaultive

HB4697- 335 -LRB103 35722 RLC 65802 b
1 behavior, or lack of that behavior.
2 (b) The court may use a regularly validated risk
3assessment tool to aid its determination of appropriate
4conditions of release as provided under Section 110-6.4. If a
5risk assessment tool is used, the defendant's counsel shall be
6provided with the information and scoring system of the risk
7assessment tool used to arrive at the determination. The
8defendant retains the right to challenge the validity of a
9risk assessment tool used by the court and to present evidence
10relevant to the defendant's challenge.
11 (c) The court shall impose any conditions that are
12mandatory under subsection (a) of Section 110-10. The court
13may impose any conditions that are permissible under
14subsection (b) of Section 110-10. The conditions of release
15imposed shall be the least restrictive conditions or
16combination of conditions necessary to reasonably ensure the
17appearance of the defendant as required or the safety of any
18other person or persons or the community.
19 (d) When a person is charged with a violation of a
20protective order, the court may order the defendant placed
21under electronic surveillance as a condition of pretrial
22release, as provided in Section 5-8A-7 of the Unified Code of
23Corrections, based on the information collected under
24paragraph (6) of subsection (a) of this Section, the results
25of any assessment conducted, or other circumstances of the
26violation.

HB4697- 336 -LRB103 35722 RLC 65802 b
1 (e) If a person remains in pretrial detention 48 hours
2after having been ordered released with pretrial conditions,
3the court shall hold a hearing to determine the reason for
4continued detention. If the reason for continued detention is
5due to the unavailability or the defendant's ineligibility for
6one or more pretrial conditions previously ordered by the
7court or directed by a pretrial services agency, the court
8shall reopen the conditions of release hearing to determine
9what available pretrial conditions exist that will reasonably
10ensure the appearance of a defendant as required, the safety
11of any other person, and the likelihood of compliance by the
12defendant with all the conditions of pretrial release. The
13inability of the defendant to pay for a condition of release or
14any other ineligibility for a condition of pretrial release
15shall not be used as a justification for the pretrial
16detention of that defendant.
17 (f) Prior to the defendant's first appearance, and with
18sufficient time for meaningful attorney-client contact to
19gather information in order to advocate effectively for the
20defendant's pretrial release, the court shall appoint the
21public defender or a licensed attorney at law of this State to
22represent the defendant for purposes of that hearing, unless
23the defendant has obtained licensed counsel. Defense counsel
24shall have access to the same documentary information relied
25upon by the prosecution and presented to the court.
26 (f-5) At each subsequent appearance of the defendant

HB4697- 337 -LRB103 35722 RLC 65802 b
1before the court, the judge must find that the current
2conditions imposed are necessary to reasonably ensure the
3appearance of the defendant as required, the safety of any
4other person, and the compliance of the defendant with all the
5conditions of pretrial release. The court is not required to
6be presented with new information or a change in circumstance
7to remove pretrial conditions.
8 (g) Electronic monitoring, GPS monitoring, or home
9confinement can only be imposed as a condition of pretrial
10release if a no less restrictive condition of release or
11combination of less restrictive condition of release would
12reasonably ensure the appearance of the defendant for later
13hearings or protect an identifiable person or persons from
14imminent threat of serious physical harm.
15 (h) If the court imposes electronic monitoring, GPS
16monitoring, or home confinement, the court shall set forth in
17the record the basis for its finding. A defendant shall be
18given custodial credit for each day he or she was subjected to
19home confinement, at the same rate described in subsection (b)
20of Section 5-4.5-100 of the Unified Code of Corrections. The
21court may give custodial credit to a defendant for each day the
22defendant was subjected to GPS monitoring without home
23confinement or electronic monitoring without home confinement.
24 (i) If electronic monitoring, GPS monitoring, or home
25confinement is imposed, the court shall determine every 60
26days if no less restrictive condition of release or

HB4697- 338 -LRB103 35722 RLC 65802 b
1combination of less restrictive conditions of release would
2reasonably ensure the appearance, or continued appearance, of
3the defendant for later hearings or protect an identifiable
4person or persons from imminent threat of serious physical
5harm. If the court finds that there are less restrictive
6conditions of release, the court shall order that the
7condition be removed. This subsection takes effect January 1,
82022.
9 (j) Crime Victims shall be given notice by the State's
10Attorney's office of this hearing as required in paragraph (1)
11of subsection (b) of Section 4.5 of the Rights of Crime Victims
12and Witnesses Act and shall be informed of their opportunity
13at this hearing to obtain a protective order.
14 (k) The State and defendants may appeal court orders
15imposing conditions of pretrial release.
16(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
17102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff.
181-1-23.)
19 (725 ILCS 5/110-5.2)
20 Sec. 110-5.2. Bail Pretrial release; pregnant pre-trial
21detainee.
22 (a) It is the policy of this State that a pre-trial
23detainee shall not be required to deliver a child while in
24custody absent a finding by the court that continued pre-trial
25custody is necessary to protect the public or the victim of the

HB4697- 339 -LRB103 35722 RLC 65802 b
1offense on which the charge is based alleviate a real and
2present threat to the safety of any person or persons or the
3community, based on the specific articulable facts of the
4case, or prevent the defendant's willful flight.
5 (b) If the court reasonably believes that a pre-trial
6detainee will give birth while in custody, the court shall
7order an alternative to custody unless, after a hearing, the
8court determines:
9 (1) that the release of the pregnant pre-trial
10 detainee would pose a real and present threat to the
11 physical safety of the alleged victim of the offense and
12 continuing custody is necessary to prevent the fulfillment
13 of the threat upon which the charge is based; or the
14 pregnant pretrial detainee is charged with an offense for
15 which pretrial release may be denied under Section
16 110-6.1; and
17 (2) that the release of the pregnant pre-trial
18 detainee would pose a real and present threat to the
19 physical safety of any person or persons or the general
20 public after a hearing under Section 110-6.1 that
21 considers the circumstances of the pregnancy, the court
22 determines that continued detention is the only way to
23 prevent a real and present threat to the safety of any
24 person or persons or the community, based on the specific
25 articulable facts of the case, or prevent the defendant's
26 willful flight.

HB4697- 340 -LRB103 35722 RLC 65802 b
1 (c) The court may order a pregnant or post-partum detainee
2to be subject to electronic monitoring as a condition of
3pre-trial release or order other condition or combination of
4conditions the court reasonably determines are in the best
5interest of the detainee and the public. Electronic Monitoring
6may be ordered by the court only if no less restrictive
7condition of release or combination of less restrictive
8conditions of release would reasonably ensure the appearance,
9or continued appearance, of the defendant for later hearings
10or protect an identifiable person or persons from imminent
11threat of serious physical harm. All pregnant people or those
12who have given birth within 6 weeks shall be granted ample
13movement to attend doctor's appointments and for emergencies
14related to the health of the pregnancy, infant, or postpartum
15person.
16 (d) This Section shall be applicable to a pregnant
17pre-trial detainee in custody on or after the effective date
18of this amendatory Act of the 100th General Assembly.
19(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
20 (725 ILCS 5/110-6)
21 Sec. 110-6. Modification of bail or conditions Revocation
22of pretrial release, modification of conditions of pretrial
23release, and sanctions for violations of conditions of
24pretrial release.
25 (a) Upon verified application by the State or the

HB4697- 341 -LRB103 35722 RLC 65802 b
1defendant or on its own motion the court before which the
2proceeding is pending may increase or reduce the amount of
3bail or may alter the conditions of the bail bond or grant bail
4where it has been previously revoked or denied. If bail has
5been previously revoked pursuant to subsection (f) of this
6Section or if bail has been denied to the defendant pursuant to
7subsection (e) of Section 110-6.1 or subsection (e) of Section
8110-6.3-1, the defendant shall be required to present a
9verified application setting forth in detail any new facts not
10known or obtainable at the time of the previous revocation or
11denial of bail proceedings. If the court grants bail where it
12has been previously revoked or denied, the court shall state
13on the record of the proceedings the findings of facts and
14conclusion of law upon which such order is based.
15 (a-5) In addition to any other available motion or
16procedure under this Code, a person in custody solely for a
17Category B offense due to an inability to post monetary bail
18shall be brought before the court at the next available court
19date or 7 calendar days from the date bail was set, whichever
20is earlier, for a rehearing on the amount or conditions of bail
21or release pending further court proceedings. The court may
22reconsider conditions of release for any other person whose
23inability to post monetary bail is the sole reason for
24continued incarceration, including a person in custody for a
25Category A offense or a Category A offense and a Category B
26offense. The court may deny the rehearing permitted under this

HB4697- 342 -LRB103 35722 RLC 65802 b
1subsection (a-5) if the person has failed to appear as
2required before the court and is incarcerated based on a
3warrant for failure to appear on the same original criminal
4offense.
5 (b) Violation of the conditions of Section 110-10 of this
6Code or any special conditions of bail as ordered by the court
7shall constitute grounds for the court to increase the amount
8of bail, or otherwise alter the conditions of bail, or, where
9the alleged offense committed on bail is a forcible felony in
10Illinois or a Class 2 or greater offense under the Illinois
11Controlled Substances Act, the Cannabis Control Act, or the
12Methamphetamine Control and Community Protection Act, revoke
13bail pursuant to the appropriate provisions of subsection (e)
14of this Section.
15 (c) Reasonable notice of such application by the defendant
16shall be given to the State.
17 (d) Reasonable notice of such application by the State
18shall be given to the defendant, except as provided in
19subsection (e).
20 (e) Upon verified application by the State stating facts
21or circumstances constituting a violation or a threatened
22violation of any of the conditions of the bail bond the court
23may issue a warrant commanding any peace officer to bring the
24defendant without unnecessary delay before the court for a
25hearing on the matters set forth in the application. If the
26actual court before which the proceeding is pending is absent

HB4697- 343 -LRB103 35722 RLC 65802 b
1or otherwise unavailable another court may issue a warrant
2pursuant to this Section. When the defendant is charged with a
3felony offense and while free on bail is charged with a
4subsequent felony offense and is the subject of a proceeding
5set forth in Section 109-1 or 109-3 of this Code, upon the
6filing of a verified petition by the State alleging a
7violation of Section 110-10 (a) (4) of this Code, the court
8shall without prior notice to the defendant, grant leave to
9file such application and shall order the transfer of the
10defendant and the application without unnecessary delay to the
11court before which the previous felony matter is pending for a
12hearing as provided in subsection (b) or this subsection of
13this Section. The defendant shall be held without bond pending
14transfer to and a hearing before such court. At the conclusion
15of the hearing based on a violation of the conditions of
16Section 110-10 of this Code or any special conditions of bail
17as ordered by the court the court may enter an order increasing
18the amount of bail or alter the conditions of bail as deemed
19appropriate.
20 (f) Where the alleged violation consists of the violation
21of one or more felony statutes of any jurisdiction which would
22be a forcible felony in Illinois or a Class 2 or greater
23offense under the Illinois Controlled Substances Act, the
24Cannabis Control Act, or the Methamphetamine Control and
25Community Protection Act and the defendant is on bail for the
26alleged commission of a felony, or where the defendant is on

HB4697- 344 -LRB103 35722 RLC 65802 b
1bail for a felony domestic battery (enhanced pursuant to
2subsection (b) of Section 12-3.2 of the Criminal Code of 1961
3or the Criminal Code of 2012), aggravated domestic battery,
4aggravated battery, unlawful restraint, aggravated unlawful
5restraint or domestic battery in violation of item (1) of
6subsection (a) of Section 12-3.2 of the Criminal Code of 1961
7or the Criminal Code of 2012 against a family or household
8member as defined in Section 112A-3 of this Code and the
9violation is an offense of domestic battery against the same
10victim the court shall, on the motion of the State or its own
11motion, revoke bail in accordance with the following
12provisions:
13 (1) The court shall hold the defendant without bail
14 pending the hearing on the alleged breach; however, if the
15 defendant is not admitted to bail the hearing shall be
16 commenced within 10 days from the date the defendant is
17 taken into custody or the defendant may not be held any
18 longer without bail, unless delay is occasioned by the
19 defendant. Where defendant occasions the delay, the
20 running of the 10 day period is temporarily suspended and
21 resumes at the termination of the period of delay. Where
22 defendant occasions the delay with 5 or fewer days
23 remaining in the 10 day period, the court may grant a
24 period of up to 5 additional days to the State for good
25 cause shown. The State, however, shall retain the right to
26 proceed to hearing on the alleged violation at any time,

HB4697- 345 -LRB103 35722 RLC 65802 b
1 upon reasonable notice to the defendant and the court.
2 (2) At a hearing on the alleged violation the State
3 has the burden of going forward and proving the violation
4 by clear and convincing evidence. The evidence shall be
5 presented in open court with the opportunity to testify,
6 to present witnesses in his behalf, and to cross-examine
7 witnesses if any are called by the State, and
8 representation by counsel and if the defendant is indigent
9 to have counsel appointed for him. The rules of evidence
10 applicable in criminal trials in this State shall not
11 govern the admissibility of evidence at such hearing.
12 Information used by the court in its findings or stated in
13 or offered in connection with hearings for increase or
14 revocation of bail may be by way of proffer based upon
15 reliable information offered by the State or defendant.
16 All evidence shall be admissible if it is relevant and
17 reliable regardless of whether it would be admissible
18 under the rules of evidence applicable at criminal trials.
19 A motion by the defendant to suppress evidence or to
20 suppress a confession shall not be entertained at such a
21 hearing. Evidence that proof may have been obtained as a
22 result of an unlawful search and seizure or through
23 improper interrogation is not relevant to this hearing.
24 (3) Upon a finding by the court that the State has
25 established by clear and convincing evidence that the
26 defendant has committed a forcible felony or a Class 2 or

HB4697- 346 -LRB103 35722 RLC 65802 b
1 greater offense under the Illinois Controlled Substances
2 Act, the Cannabis Control Act, or the Methamphetamine
3 Control and Community Protection Act while admitted to
4 bail, or where the defendant is on bail for a felony
5 domestic battery (enhanced pursuant to subsection (b) of
6 Section 12-3.2 of the Criminal Code of 1961 or the
7 Criminal Code of 2012), aggravated domestic battery,
8 aggravated battery, unlawful restraint, aggravated
9 unlawful restraint or domestic battery in violation of
10 item (1) of subsection (a) of Section 12-3.2 of the
11 Criminal Code of 1961 or the Criminal Code of 2012 against
12 a family or household member as defined in Section 112A-3
13 of this Code and the violation is an offense of domestic
14 battery, against the same victim, the court shall revoke
15 the bail of the defendant and hold the defendant for trial
16 without bail. Neither the finding of the court nor any
17 transcript or other record of the hearing shall be
18 admissible in the State's case in chief, but shall be
19 admissible for impeachment, or as provided in Section
20 115-10.1 of this Code or in a perjury proceeding.
21 (4) If the bail of any defendant is revoked pursuant
22 to paragraph (f) (3) of this Section, the defendant may
23 demand and shall be entitled to be brought to trial on the
24 offense with respect to which he was formerly released on
25 bail within 90 days after the date on which his bail was
26 revoked. If the defendant is not brought to trial within

HB4697- 347 -LRB103 35722 RLC 65802 b
1 the 90 day period required by the preceding sentence, he
2 shall not be held longer without bail. In computing the 90
3 day period, the court shall omit any period of delay
4 resulting from a continuance granted at the request of the
5 defendant.
6 (5) If the defendant either is arrested on a warrant
7 issued pursuant to this Code or is arrested for an
8 unrelated offense and it is subsequently discovered that
9 the defendant is a subject of another warrant or warrants
10 issued pursuant to this Code, the defendant shall be
11 transferred promptly to the court which issued such
12 warrant. If, however, the defendant appears initially
13 before a court other than the court which issued such
14 warrant, the non-issuing court shall not alter the amount
15 of bail set on such warrant unless the court sets forth on
16 the record of proceedings the conclusions of law and facts
17 which are the basis for such altering of another court's
18 bond. The non-issuing court shall not alter another
19 court's bail set on a warrant unless the interests of
20 justice and public safety are served by such action.
21 (g) The State may appeal any order where the court has
22increased or reduced the amount of bail or altered the
23conditions of the bail bond or granted bail where it has
24previously been revoked.
25 (a) When a defendant has previously been granted pretrial
26release under this Section for a felony or Class A

HB4697- 348 -LRB103 35722 RLC 65802 b
1misdemeanor, that pretrial release may be revoked only if the
2defendant is charged with a felony or Class A misdemeanor that
3is alleged to have occurred during the defendant's pretrial
4release after a hearing on the court's own motion or upon the
5filing of a verified petition by the State.
6 When a defendant released pretrial is charged with a
7violation of a protective order or was previously convicted of
8a violation of a protective order and the subject of the
9protective order is the same person as the victim in the
10current underlying matter, the State shall file a verified
11petition seeking revocation of pretrial release.
12 Upon the filing of a petition or upon motion of the court
13seeking revocation, the court shall order the transfer of the
14defendant and the petition or motion to the court before which
15the previous felony or Class A misdemeanor is pending. The
16defendant may be held in custody pending transfer to and a
17hearing before such court. The defendant shall be transferred
18to the court before which the previous matter is pending
19without unnecessary delay, and the revocation hearing shall
20occur within 72 hours of the filing of the State's petition or
21the court's motion for revocation.
22 A hearing at which pretrial release may be revoked must be
23conducted in person (and not by way of two-way audio-visual
24communication) unless the accused waives the right to be
25present physically in court, the court determines that the
26physical health and safety of any person necessary to the

HB4697- 349 -LRB103 35722 RLC 65802 b
1proceedings would be endangered by appearing in court, or the
2chief judge of the circuit orders use of that system due to
3operational challenges in conducting the hearing in person.
4Such operational challenges must be documented and approved by
5the chief judge of the circuit, and a plan to address the
6challenges through reasonable efforts must be presented and
7approved by the Administrative Office of the Illinois Courts
8every 6 months.
9 The court before which the previous felony matter or Class
10A misdemeanor is pending may revoke the defendant's pretrial
11release after a hearing. During the hearing for revocation,
12the defendant shall be represented by counsel and have an
13opportunity to be heard regarding the violation and evidence
14in mitigation. The court shall consider all relevant
15circumstances, including, but not limited to, the nature and
16seriousness of the violation or criminal act alleged. The
17State shall bear the burden of proving, by clear and
18convincing evidence, that no condition or combination of
19conditions of release would reasonably ensure the appearance
20of the defendant for later hearings or prevent the defendant
21from being charged with a subsequent felony or Class A
22misdemeanor.
23 In lieu of revocation, the court may release the defendant
24pre-trial, with or without modification of conditions of
25pretrial release.
26 If the case that caused the revocation is dismissed, the

HB4697- 350 -LRB103 35722 RLC 65802 b
1defendant is found not guilty in the case causing the
2revocation, or the defendant completes a lawfully imposed
3sentence on the case causing the revocation, the court shall,
4without unnecessary delay, hold a hearing on conditions of
5pretrial release pursuant to Section 110-5 and release the
6defendant with or without modification of conditions of
7pretrial release.
8 Both the State and the defendant may appeal an order
9revoking pretrial release or denying a petition for revocation
10of release.
11 (b) If a defendant previously has been granted pretrial
12release under this Section for a Class B or Class C misdemeanor
13offense, a petty or business offense, or an ordinance
14violation and if the defendant is subsequently charged with a
15felony that is alleged to have occurred during the defendant's
16pretrial release or a Class A misdemeanor offense that is
17alleged to have occurred during the defendant's pretrial
18release, such pretrial release may not be revoked, but the
19court may impose sanctions under subsection (c).
20 (c) The court shall follow the procedures set forth in
21Section 110-3 to ensure the defendant's appearance in court if
22the defendant:
23 (1) fails to appear in court as required by the
24 defendant's conditions of release;
25 (2) is charged with a felony or Class A misdemeanor
26 offense that is alleged to have occurred during the

HB4697- 351 -LRB103 35722 RLC 65802 b
1 defendant's pretrial release after having been previously
2 granted pretrial release for a Class B or Class C
3 misdemeanor, a petty or business offense, or an ordinance
4 violation that is alleged to have occurred during the
5 defendant's pretrial release;
6 (3) is charged with a Class B or C misdemeanor
7 offense, petty or business offense, or ordinance violation
8 that is alleged to have occurred during the defendant's
9 pretrial release; or
10 (4) violates any other condition of pretrial release
11 set by the court.
12 In response to a violation described in this subsection,
13the court may issue a warrant specifying that the defendant
14must appear before the court for a hearing for sanctions and
15may not be released by law enforcement before that appearance.
16 (d) When a defendant appears in court pursuant to a
17summons or warrant issued in accordance with Section 110-3 or
18after being arrested for an offense that is alleged to have
19occurred during the defendant's pretrial release, the State
20may file a verified petition requesting a hearing for
21sanctions.
22 (e) During the hearing for sanctions, the defendant shall
23be represented by counsel and have an opportunity to be heard
24regarding the violation and evidence in mitigation. The State
25shall bear the burden of proving by clear and convincing
26evidence that:

HB4697- 352 -LRB103 35722 RLC 65802 b
1 (1) the defendant committed an act that violated a
2 term of the defendant's pretrial release;
3 (2) the defendant had actual knowledge that the
4 defendant's action would violate a court order;
5 (3) the violation of the court order was willful; and
6 (4) the violation was not caused by a lack of access to
7 financial monetary resources.
8 (f) Sanctions for violations of pretrial release may
9include:
10 (1) a verbal or written admonishment from the court;
11 (2) imprisonment in the county jail for a period not
12 exceeding 30 days;
13 (3) (Blank); or
14 (4) a modification of the defendant's pretrial
15 conditions.
16 (g) The court may, at any time, after motion by either
17party or on its own motion, remove previously set conditions
18of pretrial release, subject to the provisions in this
19subsection. The court may only add or increase conditions of
20pretrial release at a hearing under this Section.
21 The court shall not remove a previously set condition of
22pretrial release regulating contact with a victim or witness
23in the case, unless the subject of the condition has been given
24notice of the hearing as required in paragraph (1) of
25subsection (b) of Section 4.5 of the Rights of Crime Victims
26and Witnesses Act. If the subject of the condition of release

HB4697- 353 -LRB103 35722 RLC 65802 b
1is not present, the court shall follow the procedures of
2paragraph (10) of subsection (c-1) of the Rights of Crime
3Victims and Witnesses Act.
4 (h) Crime victims shall be given notice by the State's
5Attorney's office of all hearings under this Section as
6required in paragraph (1) of subsection (b) of Section 4.5 of
7the Rights of Crime Victims and Witnesses Act and shall be
8informed of their opportunity at these hearings to obtain a
9protective order.
10 (i) Nothing in this Section shall be construed to limit
11the State's ability to file a verified petition seeking denial
12of pretrial release under subsection (a) of Section 110-6.1 or
13subdivision (d)(2) of Section 110-6.1.
14 (j) At each subsequent appearance of the defendant before
15the court, the judge must find that continued detention under
16this Section is necessary to reasonably ensure the appearance
17of the defendant for later hearings or to prevent the
18defendant from being charged with a subsequent felony or Class
19A misdemeanor.
20(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
21 (725 ILCS 5/110-6.1
22 Sec. 110-6.1. Denial of bail in non-probationable felony
23offenses pretrial release.
24 (a) Upon verified petition by the State, the court shall
25hold a hearing to determine whether bail should be denied to a

HB4697- 354 -LRB103 35722 RLC 65802 b
1defendant who is charged with a felony offense for which a
2sentence of imprisonment, without probation, periodic
3imprisonment or conditional discharge, is required by law upon
4conviction, when it is alleged that the defendant's admission
5to bail poses a real and present threat to the physical safety
6of any person or persons.
7 (1) A petition may be filed without prior notice to
8 the defendant at the first appearance before a judge, or
9 within the 21 calendar days, except as provided in Section
10 110-6, after arrest and release of the defendant upon
11 reasonable notice to defendant; provided that while such
12 petition is pending before the court, the defendant if
13 previously released shall not be detained.
14 (2) The hearing shall be held immediately upon the
15 defendant's appearance before the court, unless for good
16 cause shown the defendant or the State seeks a
17 continuance. A continuance on motion of the defendant may
18 not exceed 5 calendar days, and a continuance on the
19 motion of the State may not exceed 3 calendar days. The
20 defendant may be held in custody during such continuance.
21 (b) The court may deny bail to the defendant where, after
22the hearing, it is determined that:
23 (1) the proof is evident or the presumption great that
24 the defendant has committed an offense for which a
25 sentence of imprisonment, without probation, periodic
26 imprisonment or conditional discharge, must be imposed by

HB4697- 355 -LRB103 35722 RLC 65802 b
1 law as a consequence of conviction, and
2 (2) the defendant poses a real and present threat to
3 the physical safety of any person or persons, by conduct
4 which may include, but is not limited to, a forcible
5 felony, the obstruction of justice, intimidation, injury,
6 physical harm, an offense under the Illinois Controlled
7 Substances Act which is a Class X felony, or an offense
8 under the Methamphetamine Control and Community Protection
9 Act which is a Class X felony, and
10 (3) the court finds that no condition or combination
11 of conditions set forth in subsection (b) of Section
12 110-10 of this Article, can reasonably assure the physical
13 safety of any other person or persons.
14 (c) Conduct of the hearings.
15 (1) The hearing on the defendant's culpability and
16 dangerousness shall be conducted in accordance with the
17 following provisions:
18 (A) Information used by the court in its findings or
19 stated in or offered at such hearing may be by way of
20 proffer based upon reliable information offered by the
21 State or by defendant. Defendant has the right to be
22 represented by counsel, and if he is indigent, to have
23 counsel appointed for him. Defendant shall have the
24 opportunity to testify, to present witnesses in his
25 own behalf, and to cross-examine witnesses if any are
26 called by the State. The defendant has the right to

HB4697- 356 -LRB103 35722 RLC 65802 b
1 present witnesses in his favor. When the ends of
2 justice so require, the court may exercise its
3 discretion and compel the appearance of a complaining
4 witness. The court shall state on the record reasons
5 for granting a defense request to compel the presence
6 of a complaining witness. Cross-examination of a
7 complaining witness at the pretrial detention hearing
8 for the purpose of impeaching the witness' credibility
9 is insufficient reason to compel the presence of the
10 witness. In deciding whether to compel the appearance
11 of a complaining witness, the court shall be
12 considerate of the emotional and physical well-being
13 of the witness. The pre-trial detention hearing is not
14 to be used for purposes of discovery, and the post
15 arraignment rules of discovery do not apply. The State
16 shall tender to the defendant, prior to the hearing,
17 copies of defendant's criminal history, if any, if
18 available, and any written or recorded statements and
19 the substance of any oral statements made by any
20 person, if relied upon by the State in its petition.
21 The rules concerning the admissibility of evidence in
22 criminal trials do not apply to the presentation and
23 consideration of information at the hearing. At the
24 trial concerning the offense for which the hearing was
25 conducted neither the finding of the court nor any
26 transcript or other record of the hearing shall be

HB4697- 357 -LRB103 35722 RLC 65802 b
1 admissible in the State's 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 (B) A motion by the defendant to suppress evidence or
5 to suppress a confession shall not be entertained.
6 Evidence that proof may have been obtained as the
7 result of an unlawful search and seizure or through
8 improper interrogation is not relevant to this state
9 of the prosecution.
10 (2) The facts relied upon by the court to support a
11 finding that the defendant poses a real and present threat
12 to the physical safety of any person or persons shall be
13 supported by clear and convincing evidence presented by
14 the State.
15 (d) Factors to be considered in making a determination of
16dangerousness. The court may, in determining whether the
17defendant poses a real and present threat to the physical
18safety of any person or persons, consider but shall not be
19limited to evidence or testimony concerning:
20 (1) The nature and circumstances of any offense
21 charged, including whether the offense is a crime of
22 violence, involving a weapon.
23 (2) The history and characteristics of the defendant
24 including:
25 (A) Any evidence of the defendant's prior criminal
26 history indicative of violent, abusive or assaultive

HB4697- 358 -LRB103 35722 RLC 65802 b
1 behavior, or lack of such behavior. Such evidence may
2 include testimony or documents received in juvenile
3 proceedings, criminal, quasi-criminal, civil
4 commitment, domestic relations or other proceedings.
5 (B) Any evidence of the defendant's psychological,
6 psychiatric or other similar social history which
7 tends to indicate a violent, abusive, or assaultive
8 nature, or lack of any such history.
9 (3) The identity of any person or persons to whose
10 safety the defendant is believed to pose a threat, and the
11 nature of the threat;
12 (4) Any statements made by, or attributed to the
13 defendant, together with the circumstances surrounding
14 them;
15 (5) The age and physical condition of any person
16 assaulted by the defendant;
17 (6) Whether the defendant is known to possess or have
18 access to any weapon or weapons;
19 (7) Whether, at the time of the current offense or any
20 other offense or arrest, the defendant was on probation,
21 parole, aftercare release, mandatory supervised release or
22 other release from custody pending trial, sentencing,
23 appeal or completion of sentence for an offense under
24 federal or state law;
25 (8) Any other factors, including those listed in
26 Section 110-5 of this Article deemed by the court to have a

HB4697- 359 -LRB103 35722 RLC 65802 b
1 reasonable bearing upon the defendant's propensity or
2 reputation for violent, abusive or assaultive behavior, or
3 lack of such behavior.
4 (e) Detention order. The court shall, in any order for
5detention:
6 (1) briefly summarize the evidence of the defendant's
7 culpability and its reasons for concluding that the
8 defendant should be held without bail;
9 (2) direct that the defendant be committed to the
10 custody of the sheriff for confinement in the county jail
11 pending trial;
12 (3) direct that the defendant be given a reasonable
13 opportunity for private consultation with counsel, and for
14 communication with others of his choice by visitation,
15 mail and telephone; and
16 (4) direct that the sheriff deliver the defendant as
17 required for appearances in connection with court
18 proceedings.
19 (f) If the court enters an order for the detention of the
20defendant pursuant to subsection (e) of this Section, the
21defendant shall be brought to trial on the offense for which he
22is detained within 90 days after the date on which the order
23for detention was entered. If the defendant is not brought to
24trial within the 90 day period required by the preceding
25sentence, he shall not be held longer without bail. In
26computing the 90 day period, the court shall omit any period of

HB4697- 360 -LRB103 35722 RLC 65802 b
1delay resulting from a continuance granted at the request of
2the defendant.
3 (g) Rights of the defendant. Any person shall be entitled
4to appeal any order entered under this Section denying bail to
5the defendant.
6 (h) The State may appeal any order entered under this
7Section denying any motion for denial of bail.
8 (i) Nothing in this Section shall be construed as
9modifying or limiting in any way the defendant's presumption
10of innocence in further criminal proceedings.
11 (a) Upon verified petition by the State, the court shall
12hold a hearing and may deny a defendant pretrial release only
13if:
14 (1) the defendant is charged with a felony offense
15 other than a forcible felony for which, based on the
16 charge or the defendant's criminal history, a sentence of
17 imprisonment, without probation, periodic imprisonment or
18 conditional discharge, is required by law upon conviction,
19 and it is alleged that the defendant's pretrial release
20 poses a real and present threat to the safety of any person
21 or persons or the community, based on the specific
22 articulable facts of the case;
23 (1.5) the defendant's pretrial release poses a real
24 and present threat to the safety of any person or persons
25 or the community, based on the specific articulable facts
26 of the case, and the defendant is charged with a forcible

HB4697- 361 -LRB103 35722 RLC 65802 b
1 felony, which as used in this Section, means treason,
2 first degree murder, second degree murder, predatory
3 criminal sexual assault of a child, aggravated criminal
4 sexual assault, criminal sexual assault, armed robbery,
5 aggravated robbery, robbery, burglary where there is use
6 of force against another person, residential burglary,
7 home invasion, vehicular invasion, aggravated arson,
8 arson, aggravated kidnaping, kidnaping, aggravated battery
9 resulting in great bodily harm or permanent disability or
10 disfigurement or any other felony which involves the
11 threat of or infliction of great bodily harm or permanent
12 disability or disfigurement;
13 (2) the defendant is charged with stalking or
14 aggravated stalking, and it is alleged that the
15 defendant's pre-trial release poses a real and present
16 threat to the safety of a victim of the alleged offense,
17 and denial of release is necessary to prevent fulfillment
18 of the threat upon which the charge is based;
19 (3) the defendant is charged with a violation of an
20 order of protection issued under Section 112A-14 of this
21 Code or Section 214 of the Illinois Domestic Violence Act
22 of 1986, a stalking no contact order under Section 80 of
23 the Stalking No Contact Order Act, or of a civil no contact
24 order under Section 213 of the Civil No Contact Order Act,
25 and it is alleged that the defendant's pretrial release
26 poses a real and present threat to the safety of any person

HB4697- 362 -LRB103 35722 RLC 65802 b
1 or persons or the community, based on the specific
2 articulable facts of the case;
3 (4) the defendant is charged with domestic battery or
4 aggravated domestic battery under Section 12-3.2 or 12-3.3
5 of the Criminal Code of 2012 and it is alleged that the
6 defendant's pretrial release poses a real and present
7 threat to the safety of any person or persons or the
8 community, based on the specific articulable facts of the
9 case;
10 (5) the defendant is charged with any offense under
11 Article 11 of the Criminal Code of 2012, except for
12 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
13 11-40, and 11-45 of the Criminal Code of 2012, or similar
14 provisions of the Criminal Code of 1961 and it is alleged
15 that the defendant's pretrial release poses 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;
19 (6) the defendant is charged with any of the following
20 offenses under the Criminal Code of 2012, and it is
21 alleged that 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:
25 (A) Section 24-1.2 (aggravated discharge of a
26 firearm);

HB4697- 363 -LRB103 35722 RLC 65802 b
1 (B) Section 24-2.5 (aggravated discharge of a
2 machine gun or a firearm equipped with a device
3 designed or use for silencing the report of a
4 firearm);
5 (C) Section 24-1.5 (reckless discharge of a
6 firearm);
7 (D) Section 24-1.7 (armed habitual criminal);
8 (E) Section 24-2.2 (manufacture, sale or transfer
9 of bullets or shells represented to be armor piercing
10 bullets, dragon's breath shotgun shells, bolo shells,
11 or flechette shells);
12 (F) Section 24-3 (unlawful sale or delivery of
13 firearms);
14 (G) Section 24-3.3 (unlawful sale or delivery of
15 firearms on the premises of any school);
16 (H) Section 24-34 (unlawful sale of firearms by
17 liquor license);
18 (I) Section 24-3.5 (unlawful purchase of a
19 firearm);
20 (J) Section 24-3A (gunrunning);
21 (K) Section 24-3B (firearms trafficking);
22 (L) Section 10-9 (b) (involuntary servitude);
23 (M) Section 10-9 (c) (involuntary sexual servitude
24 of a minor);
25 (N) Section 10-9(d) (trafficking in persons);
26 (O) Non-probationable violations: (i) unlawful use

HB4697- 364 -LRB103 35722 RLC 65802 b
1 or possession of weapons by felons or persons in the
2 Custody of the Department of Corrections facilities
3 (Section 24-1.1), (ii) aggravated unlawful use of a
4 weapon (Section 24-1.6), or (iii) aggravated
5 possession of a stolen firearm (Section 24-3.9);
6 (P) Section 9-3 (reckless homicide and involuntary
7 manslaughter);
8 (Q) Section 19-3 (residential burglary);
9 (R) Section 10-5 (child abduction);
10 (S) Felony violations of Section 12C-5 (child
11 endangerment);
12 (T) Section 12-7.1 (hate crime);
13 (U) Section 10-3.1 (aggravated unlawful
14 restraint);
15 (V) Section 12-9 (threatening a public official);
16 (W) Subdivision (f)(1) of Section 12-3.05
17 (aggravated battery with a deadly weapon other than by
18 discharge of a firearm);
19 (6.5) the defendant is charged with any of the
20 following offenses, and it is alleged that the defendant's
21 pretrial release poses a real and present threat to the
22 safety of any person or persons or the community, based on
23 the specific articulable facts of the case:
24 (A) Felony violations of Sections 3.01, 3.02, or
25 3.03 of the Humane Care for Animals Act (cruel
26 treatment, aggravated cruelty, and animal torture);

HB4697- 365 -LRB103 35722 RLC 65802 b
1 (B) Subdivision (d)(1)(B) of Section 11-501 of the
2 Illinois Vehicle Code (aggravated driving under the
3 influence while operating a school bus with
4 passengers);
5 (C) Subdivision (d)(1)(C) of Section 11-501 of the
6 Illinois Vehicle Code (aggravated driving under the
7 influence causing great bodily harm);
8 (D) Subdivision (d)(1)(D) of Section 11-501 of the
9 Illinois Vehicle Code (aggravated driving under the
10 influence after a previous reckless homicide
11 conviction);
12 (E) Subdivision (d)(1)(F) of Section 11-501 of the
13 Illinois Vehicle Code (aggravated driving under the
14 influence leading to death); or
15 (F) Subdivision (d)(1)(J) of Section 11-501 of the
16 Illinois Vehicle Code (aggravated driving under the
17 influence that resulted in bodily harm to a child
18 under the age of 16);
19 (7) the defendant is charged with an attempt to commit
20 any charge listed in paragraphs (1) through (6.5), and it
21 is alleged that the defendant's pretrial release poses a
22 real and present threat to the safety of any person or
23 persons or the community, based on the specific
24 articulable facts of the case; or
25 (8) the person has a high likelihood of willful flight
26 to avoid prosecution and is charged with:

HB4697- 366 -LRB103 35722 RLC 65802 b
1 (A) Any felony described in subdivisions (a)(1)
2 through (a)(7) of this Section; or
3 (B) A felony offense other than a Class 4 offense.
4 (b) If the charged offense is a felony, as part of the
5detention hearing, the court shall determine whether there is
6probable cause the defendant has committed an offense, unless
7a hearing pursuant to Section 109-3 of this Code has already
8been held or a grand jury has returned a true bill of
9indictment against the defendant. If there is a finding of no
10probable cause, the defendant shall be released. No such
11finding is necessary if the defendant is charged with a
12misdemeanor.
13 (c) Timing of petition.
14 (1) A petition may be filed without prior notice to
15 the defendant at the first appearance before a judge, or
16 within the 21 calendar days, except as provided in Section
17 110-6, after arrest and release of the defendant upon
18 reasonable notice to defendant; provided that while such
19 petition is pending before the court, the defendant if
20 previously released shall not be detained.
21 (2) Upon filing, the court shall immediately hold a
22 hearing on the petition unless a continuance is requested.
23 If a continuance is requested and granted, the hearing
24 shall be held within 48 hours of the defendant's first
25 appearance if the defendant is charged with first degree
26 murder or a Class X, Class 1, Class 2, or Class 3 felony,

HB4697- 367 -LRB103 35722 RLC 65802 b
1 and within 24 hours if the defendant is charged with a
2 Class 4 or misdemeanor offense. The Court may deny or
3 grant the request for continuance. If the court decides to
4 grant the continuance, the Court retains the discretion to
5 detain or release the defendant in the time between the
6 filing of the petition and the hearing.
7 (d) Contents of petition.
8 (1) The petition shall be verified by the State and
9 shall state the grounds upon which it contends the
10 defendant should be denied pretrial release, including the
11 real and present threat to the safety of any person or
12 persons or the community, based on the specific
13 articulable facts or flight risk, as appropriate.
14 (2) If the State seeks to file a second or subsequent
15 petition under this Section, the State shall be required
16 to present a verified application setting forth in detail
17 any new facts not known or obtainable at the time of the
18 filing of the previous petition.
19 (e) Eligibility: All defendants shall be presumed eligible
20for pretrial release, and the State shall bear the burden of
21proving by clear and convincing evidence that:
22 (1) the proof is evident or the presumption great that
23 the defendant has committed an offense listed in
24 subsection (a), and
25 (2) for offenses listed in paragraphs (1) through (7)
26 of subsection (a), the defendant poses a real and present

HB4697- 368 -LRB103 35722 RLC 65802 b
1 threat to the safety of any person or persons or the
2 community, based on the specific articulable facts of the
3 case, by conduct which may include, but is not limited to,
4 a forcible felony, the obstruction of justice,
5 intimidation, injury, or abuse as defined by paragraph (1)
6 of Section 103 of the Illinois Domestic Violence Act of
7 1986, and
8 (3) no condition or combination of conditions set
9 forth in subsection (b) of Section 110-10 of this Article
10 can mitigate (i) the real and present threat to the safety
11 of any person or persons or the community, based on the
12 specific articulable facts of the case, for offenses
13 listed in paragraphs (1) through (7) of subsection (a), or
14 (ii) the defendant's willful flight for offenses listed in
15 paragraph (8) of subsection (a), and
16 (4) for offenses under subsection (b) of Section 407
17 of the Illinois Controlled Substances Act that are subject
18 to paragraph (1) of subsection (a), no condition or
19 combination of conditions set forth in subsection (b) of
20 Section 110-10 of this Article can mitigate the real and
21 present threat to the safety of any person or persons or
22 the community, based on the specific articulable facts of
23 the case, and the defendant poses a serious risk to not
24 appear in court as required.
25 (f) Conduct of the hearings.
26 (1) Prior to the hearing, the State shall tender to

HB4697- 369 -LRB103 35722 RLC 65802 b
1 the defendant copies of the defendant's criminal history
2 available, any written or recorded statements, and the
3 substance of any oral statements made by any person, if
4 relied upon by the State in its petition, and any police
5 reports in the prosecutor's possession at the time of the
6 hearing.
7 (2) The State or defendant may present evidence at the
8 hearing by way of proffer based upon reliable information.
9 (3) The defendant has the right to be represented by
10 counsel, and if he or she is indigent, to have counsel
11 appointed for him or her. The defendant shall have the
12 opportunity to testify, to present witnesses on his or her
13 own behalf, and to cross-examine any witnesses that are
14 called by the State. Defense counsel shall be given
15 adequate opportunity to confer with the defendant before
16 any hearing at which conditions of release or the
17 detention of the defendant are to be considered, with an
18 accommodation for a physical condition made to facilitate
19 attorney/client consultation. If defense counsel needs to
20 confer or consult with the defendant during any hearing
21 conducted via a two-way audio-visual communication system,
22 such consultation shall not be recorded and shall be
23 undertaken consistent with constitutional protections.
24 (3.5) A hearing at which pretrial release may be
25 denied must be conducted in person (and not by way of
26 two-way audio visual communication) unless the accused

HB4697- 370 -LRB103 35722 RLC 65802 b
1 waives the right to be present physically in court, the
2 court determines that the physical health and safety of
3 any person necessary to the proceedings would be
4 endangered by appearing in court, or the chief judge of
5 the circuit orders use of that system due to operational
6 challenges in conducting the hearing in person. Such
7 operational challenges must be documented and approved by
8 the chief judge of the circuit, and a plan to address the
9 challenges through reasonable efforts must be presented
10 and approved by the Administrative Office of the Illinois
11 Courts every 6 months.
12 (4) If the defense seeks to compel the complaining
13 witness to testify as a witness in its favor, it shall
14 petition the court for permission. When the ends of
15 justice so require, the court may exercise its discretion
16 and compel the appearance of a complaining witness. The
17 court shall state on the record reasons for granting a
18 defense request to compel the presence of a complaining
19 witness only on the issue of the defendant's pretrial
20 detention. In making a determination under this Section,
21 the court shall state on the record the reason for
22 granting a defense request to compel the presence of a
23 complaining witness, and only grant the request if the
24 court finds by clear and convincing evidence that the
25 defendant will be materially prejudiced if the complaining
26 witness does not appear. Cross-examination of a

HB4697- 371 -LRB103 35722 RLC 65802 b
1 complaining witness at the pretrial detention hearing for
2 the purpose of impeaching the witness' credibility is
3 insufficient reason to compel the presence of the witness.
4 In deciding whether to compel the appearance of a
5 complaining witness, the court shall be considerate of the
6 emotional and physical well-being of the witness. The
7 pre-trial detention hearing is not to be used for purposes
8 of discovery, and the post arraignment rules of discovery
9 do not apply. The State shall tender to the defendant,
10 prior to the hearing, copies, if any, of the defendant's
11 criminal history, if available, and any written or
12 recorded statements and the substance of any oral
13 statements made by any person, if in the State's
14 Attorney's possession at the time of the hearing.
15 (5) The rules concerning the admissibility of evidence
16 in criminal trials do not apply to the presentation and
17 consideration of information at the hearing. At the trial
18 concerning the offense for which the hearing was conducted
19 neither the finding of the court nor any transcript or
20 other record of the hearing shall be admissible in the
21 State's case-in-chief, but shall be admissible for
22 impeachment, or as provided in Section 115-10.1 of this
23 Code, or in a perjury proceeding.
24 (6) The defendant may not move to suppress evidence or
25 a confession, however, evidence that proof of the charged
26 crime may have been the result of an unlawful search or

HB4697- 372 -LRB103 35722 RLC 65802 b
1 seizure, or both, or through improper interrogation, is
2 relevant in assessing the weight of the evidence against
3 the defendant.
4 (7) Decisions regarding release, conditions of
5 release, and detention prior to trial must be
6 individualized, and no single factor or standard may be
7 used exclusively to order detention. Risk assessment tools
8 may not be used as the sole basis to deny pretrial release.
9 (g) Factors to be considered in making a determination of
10dangerousness. The court may, in determining whether the
11defendant poses a real and present threat to the safety of any
12person or persons or the community, based on the specific
13articulable facts of the case, consider, but shall not be
14limited to, evidence or testimony concerning:
15 (1) The nature and circumstances of any offense
16 charged, including whether the offense is a crime of
17 violence, involving a weapon, or a sex offense.
18 (2) The history and characteristics of the defendant
19 including:
20 (A) Any evidence of the defendant's prior criminal
21 history indicative of violent, abusive or assaultive
22 behavior, or lack of such behavior. Such evidence may
23 include testimony or documents received in juvenile
24 proceedings, criminal, quasi-criminal, civil
25 commitment, domestic relations, or other proceedings.
26 (B) Any evidence of the defendant's psychological,

HB4697- 373 -LRB103 35722 RLC 65802 b
1 psychiatric or other similar social history which
2 tends to indicate a violent, abusive, or assaultive
3 nature, or lack of any such history.
4 (3) The identity of any person or persons to whose
5 safety the defendant is believed to pose a threat, and the
6 nature of the threat.
7 (4) Any statements made by, or attributed to the
8 defendant, together with the circumstances surrounding
9 them.
10 (5) The age and physical condition of the defendant.
11 (6) The age and physical condition of any victim or
12 complaining witness.
13 (7) Whether the defendant is known to possess or have
14 access to any weapon or weapons.
15 (8) Whether, at the time of the current offense or any
16 other offense or arrest, the defendant was on probation,
17 parole, aftercare release, mandatory supervised release or
18 other release from custody pending trial, sentencing,
19 appeal or completion of sentence for an offense under
20 federal or state law.
21 (9) Any other factors, including those listed in
22 Section 110-5 of this Article deemed by the court to have a
23 reasonable bearing upon the defendant's propensity or
24 reputation for violent, abusive, or assaultive behavior,
25 or lack of such behavior.
26 (h) Detention order. The court shall, in any order for

HB4697- 374 -LRB103 35722 RLC 65802 b
1detention:
2 (1) make a written finding summarizing the court's
3 reasons for concluding that the defendant should be denied
4 pretrial release, including why less restrictive
5 conditions would not avoid a real and present threat to
6 the safety of any person or persons or the community,
7 based on the specific articulable facts of the case, or
8 prevent the defendant's willful flight from prosecution;
9 (2) direct that the defendant be committed to the
10 custody of the sheriff for confinement in the county jail
11 pending trial;
12 (3) direct that the defendant be given a reasonable
13 opportunity for private consultation with counsel, and for
14 communication with others of his or her choice by
15 visitation, mail and telephone; and
16 (4) direct that the sheriff deliver the defendant as
17 required for appearances in connection with court
18 proceedings.
19 (i) Detention. If the court enters an order for the
20detention of the defendant pursuant to subsection (e) of this
21Section, the defendant shall be brought to trial on the
22offense for which he is detained within 90 days after the date
23on which the order for detention was entered. If the defendant
24is not brought to trial within the 90-day period required by
25the preceding sentence, he shall not be denied pretrial
26release. In computing the 90-day period, the court shall omit

HB4697- 375 -LRB103 35722 RLC 65802 b
1any period of delay resulting from a continuance granted at
2the request of the defendant and any period of delay resulting
3from a continuance granted at the request of the State with
4good cause shown pursuant to Section 103-5.
5 (i-5) At each subsequent appearance of the defendant
6before the court, the judge must find that continued detention
7is necessary to avoid a real and present threat to the safety
8of any person or persons or the community, based on the
9specific articulable facts of the case, or to prevent the
10defendant's willful flight from prosecution.
11 (j) Rights of the defendant. The defendant shall be
12entitled to appeal any order entered under this Section
13denying his or her pretrial release.
14 (k) Appeal. The State may appeal any order entered under
15this Section denying any motion for denial of pretrial
16release.
17 (l) Presumption of innocence. Nothing in this Section
18shall be construed as modifying or limiting in any way the
19defendant's presumption of innocence in further criminal
20proceedings.
21 (m) Interest of victims.
22 (1) Crime victims shall be given notice by the State's
23Attorney's office of this hearing as required in paragraph (1)
24of subsection (b) of Section 4.5 of the Rights of Crime Victims
25and Witnesses Act and shall be informed of their opportunity
26at this hearing to obtain a protective order.

HB4697- 376 -LRB103 35722 RLC 65802 b
1 (2) If the defendant is denied pretrial release, the court
2may impose a no contact provision with the victim or other
3interested party that shall be enforced while the defendant
4remains in custody.
5(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
6 (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
7 Sec. 110-6.2. Post-conviction detention.
8 (a) The court may order that a person who has been found
9guilty of an offense and who is waiting imposition or
10execution of sentence be held without bond release unless the
11court finds by clear and convincing evidence that the person
12is not likely to flee or pose a danger to any other person or
13the community if released under Sections 110-5 and 110-10 of
14this Act.
15 (b) The court may order that person who has been found
16guilty of an offense and sentenced to a term of imprisonment be
17held without bond release unless the court finds by clear and
18convincing evidence that:
19 (1) the person is not likely to flee or pose a danger
20 to the safety of any other person or the community if
21 released on bond pending appeal; and
22 (2) that the appeal is not for purpose of delay and
23 raises a substantial question of law or fact likely to
24 result in reversal or an order for a new trial.
25(Source: P.A. 101-652, eff. 1-1-23.)

HB4697- 377 -LRB103 35722 RLC 65802 b
1 (725 ILCS 5/110-6.4)
2 Sec. 110-6.4. Statewide risk-assessment tool. The Supreme
3Court may establish a statewide risk-assessment tool to be
4used in proceedings to assist the court in establishing bail
5conditions of pretrial release for a defendant by assessing
6the defendant's likelihood of appearing at future court
7proceedings or determining if the defendant poses a real and
8present threat to the physical safety of any person or
9persons. The Supreme Court shall consider establishing a
10risk-assessment tool that does not discriminate on the basis
11of race, gender, educational level, socio-economic status, or
12neighborhood. If a risk-assessment tool is utilized within a
13circuit that does not require a personal interview to be
14completed, the Chief Judge of the circuit or the director of
15the pretrial services agency may exempt the requirement under
16Section 9 and subsection (a) of Section 7 of the Pretrial
17Services Act.
18 For the purpose of this Section, "risk-assessment tool"
19means an empirically validated, evidence-based screening
20instrument that demonstrates reduced instances of a
21defendant's failure to appear for further court proceedings or
22prevents future criminal activity.
23(Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18;
24101-652, eff. 1-1-23.)

HB4697- 378 -LRB103 35722 RLC 65802 b
1 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
2 Sec. 110-10. Conditions of bail bond pretrial release.
3 (a) If a person is released prior to conviction, either
4upon payment of bail security or on his or her own
5recognizance, the conditions of the bail bond pretrial release
6shall be that he or she will:
7 (1) Appear to answer the charge in the court having
8 jurisdiction on a day certain and thereafter as ordered by
9 the court until discharged or final order of the court;
10 (2) Submit himself or herself to the orders and
11 process of the court;
12 (3) (Blank);
13 (3.1) Not depart this State without leave of the
14 court;
15 (4) Not violate any criminal statute of any
16 jurisdiction;
17 (5) At a time and place designated by the court,
18 surrender all firearms in his or her possession to a law
19 enforcement officer designated by the court to take
20 custody of and impound the firearms and physically
21 surrender his or her Firearm Owner's Identification Card
22 to the clerk of the circuit court when the offense the
23 person has been charged with is a forcible felony,
24 stalking, aggravated stalking, domestic battery, any
25 violation of the Illinois Controlled Substances Act, the
26 Methamphetamine Control and Community Protection Act, or

HB4697- 379 -LRB103 35722 RLC 65802 b
1 the Cannabis Control Act that is classified as a Class 2 or
2 greater felony, or any felony violation of Article 24 of
3 the Criminal Code of 1961 or the Criminal Code of 2012; the
4 court may, however, forgo the imposition of this condition
5 when the circumstances of the case clearly do not warrant
6 it or when its imposition would be impractical; if the
7 Firearm Owner's Identification Card is confiscated, the
8 clerk of the circuit court shall mail the confiscated card
9 to the Illinois State Police; all legally possessed
10 firearms shall be returned to the person upon the charges
11 being dismissed, or if the person is found not guilty,
12 unless the finding of not guilty is by reason of insanity;
13 and
14 (6) At a time and place designated by the court,
15 submit to a psychological evaluation when the person has
16 been charged with a violation of item (4) of subsection
17 (a) of Section 24-1 of the Criminal Code of 1961 or the
18 Criminal Code of 2012 and that violation occurred in a
19 school or in any conveyance owned, leased, or contracted
20 by a school to transport students to or from school or a
21 school-related activity, or on any public way within 1,000
22 feet of real property comprising any school.
23 Psychological evaluations ordered pursuant to this Section
24shall be completed promptly and made available to the State,
25the defendant, and the court. As a further condition of bail
26pretrial release under these circumstances, the court shall

HB4697- 380 -LRB103 35722 RLC 65802 b
1order the defendant to refrain from entering upon the property
2of the school, including any conveyance owned, leased, or
3contracted by a school to transport students to or from school
4or a school-related activity, or on any public way within
51,000 feet of real property comprising any school. Upon
6receipt of the psychological evaluation, either the State or
7the defendant may request a change in the conditions of bail
8pretrial release, pursuant to Section 110-6 of this Code. The
9court may change the conditions of bail pretrial release to
10include a requirement that the defendant follow the
11recommendations of the psychological evaluation, including
12undergoing psychiatric treatment. The conclusions of the
13psychological evaluation and any statements elicited from the
14defendant during its administration are not admissible as
15evidence of guilt during the course of any trial on the charged
16offense, unless the defendant places his or her mental
17competency in issue.
18 (b) The court may impose other conditions, such as the
19following, if the court finds that such conditions are
20reasonably necessary to assure the defendant's appearance in
21court, protect the public from the defendant, or prevent the
22defendant's unlawful interference with the orderly
23administration of justice:
24 (1) Report to or appear in person before such person
25 or agency as the court may direct;
26 (2) Refrain from possessing a firearm or other

HB4697- 381 -LRB103 35722 RLC 65802 b
1 dangerous weapon;
2 (3) Refrain from approaching or communicating with
3 particular persons or classes of persons;
4 (4) Refrain from going to certain described
5 geographical areas or premises;
6 (5) Refrain from engaging in certain activities or
7 indulging in intoxicating liquors or in certain drugs;
8 (6) Undergo treatment for drug addiction or
9 alcoholism;
10 (7) Undergo medical or psychiatric treatment;
11 (8) Work or pursue a course of study or vocational
12 training;
13 (9) Attend or reside in a facility designated by the
14 court;
15 (10) Support his or her dependents;
16 (11) If a minor resides with his or her parents or in a
17 foster home, attend school, attend a non-residential
18 program for youths, and contribute to his or her own
19 support at home or in a foster home;
20 (12) Observe any curfew ordered by the court;
21 (13) Remain in the custody of such designated person
22 or organization agreeing to supervise his release. Such
23 third party custodian shall be responsible for notifying
24 the court if the defendant fails to observe the conditions
25 of release which the custodian has agreed to monitor, and
26 shall be subject to contempt of court for failure so to

HB4697- 382 -LRB103 35722 RLC 65802 b
1 notify the court;
2 (14) Be placed under direct supervision of the
3 Pretrial Services Agency, Probation Department or Court
4 Services Department in a pretrial bond home supervision
5 capacity with or without the use of an approved electronic
6 monitoring device subject to Article 8A of Chapter V of
7 the Unified Code of Corrections;
8 (14.1) The court shall impose upon a defendant who is
9 charged with any alcohol, cannabis, methamphetamine, or
10 controlled substance violation and is placed under direct
11 supervision of the Pretrial Services Agency, Probation
12 Department or Court Services Department in a pretrial bond
13 home supervision capacity with the use of an approved
14 monitoring device, as a condition of such bail bond, a fee
15 that represents costs incidental to the electronic
16 monitoring for each day of such bail supervision ordered
17 by the court, unless after determining the inability of
18 the defendant to pay the fee, the court assesses a lesser
19 fee or no fee as the case may be. The fee shall be
20 collected by the clerk of the circuit court, except as
21 provided in an administrative order of the Chief Judge of
22 the circuit court. The clerk of the circuit court shall
23 pay all monies collected from this fee to the county
24 treasurer for deposit in the substance abuse services fund
25 under Section 5-1086.1 of the Counties Code, except as
26 provided in an administrative order of the Chief Judge of

HB4697- 383 -LRB103 35722 RLC 65802 b
1 the circuit court.
2 The Chief Judge of the circuit court of the county may
3 by administrative order establish a program for electronic
4 monitoring of offenders with regard to drug-related and
5 alcohol-related offenses, in which a vendor supplies and
6 monitors the operation of the electronic monitoring
7 device, and collects the fees on behalf of the county. The
8 program shall include provisions for indigent offenders
9 and the collection of unpaid fees. The program shall not
10 unduly burden the offender and shall be subject to review
11 by the Chief Judge.
12 The Chief Judge of the circuit court may suspend any
13 additional charges or fees for late payment, interest, or
14 damage to any device;
15 (14.2) The court shall impose upon all defendants,
16 including those defendants subject to paragraph (14.1)
17 above, placed under direct supervision of the Pretrial
18 Services Agency, Probation Department or Court Services
19 Department in a pretrial bond home supervision capacity
20 with the use of an approved monitoring device, as a
21 condition of such bail bond, a fee which shall represent
22 costs incidental to such electronic monitoring for each
23 day of such bail supervision ordered by the court, unless
24 after determining the inability of the defendant to pay
25 the fee, the court assesses a lesser fee or no fee as the
26 case may be. The fee shall be collected by the clerk of the

HB4697- 384 -LRB103 35722 RLC 65802 b
1 circuit court, except as provided in an administrative
2 order of the Chief Judge of the circuit court. The clerk of
3 the circuit court shall pay all monies collected from this
4 fee to the county treasurer who shall use the monies
5 collected to defray the costs of corrections. The county
6 treasurer shall deposit the fee collected in the county
7 working cash fund under Section 6-27001 or Section 6-29002
8 of the Counties Code, as the case may be, except as
9 provided in an administrative order of the Chief Judge of
10 the circuit court.
11 The Chief Judge of the circuit court of the county may
12 by administrative order establish a program for electronic
13 monitoring of offenders with regard to drug-related and
14 alcohol-related offenses, in which a vendor supplies and
15 monitors the operation of the electronic monitoring
16 device, and collects the fees on behalf of the county. The
17 program shall include provisions for indigent offenders
18 and the collection of unpaid fees. The program shall not
19 unduly burden the offender and shall be subject to review
20 by the Chief Judge.
21 The Chief Judge of the circuit court may suspend any
22 additional charges or fees for late payment, interest, or
23 damage to any device;
24 (14.3) The Chief Judge of the Judicial Circuit may
25 establish reasonable fees to be paid by a person receiving
26 pretrial services while under supervision of a pretrial

HB4697- 385 -LRB103 35722 RLC 65802 b
1 services agency, probation department, or court services
2 department. Reasonable fees may be charged for pretrial
3 services including, but not limited to, pretrial
4 supervision, diversion programs, electronic monitoring,
5 victim impact services, drug and alcohol testing, DNA
6 testing, GPS electronic monitoring, assessments and
7 evaluations related to domestic violence and other
8 victims, and victim mediation services. The person
9 receiving pretrial services may be ordered to pay all
10 costs incidental to pretrial services in accordance with
11 his or her ability to pay those costs;
12 (14.4) For persons charged with violating Section
13 11-501 of the Illinois Vehicle Code, refrain from
14 operating a motor vehicle not equipped with an ignition
15 interlock device, as defined in Section 1-129.1 of the
16 Illinois Vehicle Code, pursuant to the rules promulgated
17 by the Secretary of State for the installation of ignition
18 interlock devices. Under this condition the court may
19 allow a defendant who is not self-employed to operate a
20 vehicle owned by the defendant's employer that is not
21 equipped with an ignition interlock device in the course
22 and scope of the defendant's employment;
23 (15) Comply with the terms and conditions of an order
24 of protection issued by the court under the Illinois
25 Domestic Violence Act of 1986 or an order of protection
26 issued by the court of another state, tribe, or United

HB4697- 386 -LRB103 35722 RLC 65802 b
1 States territory;
2 (16) Under Section 110-6.5-1 comply with the
3 conditions of the drug testing program; and
4 (17) Such other reasonable conditions as the court may
5 impose.
6 (b) Additional conditions of release shall be set only
7when it is determined that they are necessary to ensure the
8defendant's appearance in court, ensure the defendant does not
9commit any criminal offense, ensure the defendant complies
10with all conditions of pretrial release, prevent the
11defendant's unlawful interference with the orderly
12administration of justice, or ensure compliance with the rules
13and procedures of problem solving courts. However, conditions
14shall include the least restrictive means and be
15individualized. Conditions shall not mandate rehabilitative
16services unless directly tied to the risk of pretrial
17misconduct. Conditions of supervision shall not include
18punitive measures such as community service work or
19restitution. Conditions may include the following:
20 (0.05) Not depart this State without leave of the
21 court;
22 (1) Report to or appear in person before such person
23 or agency as the court may direct;
24 (2) Refrain from possessing a firearm or other
25 dangerous weapon;
26 (3) Refrain from approaching or communicating with

HB4697- 387 -LRB103 35722 RLC 65802 b
1 particular persons or classes of persons;
2 (4) Refrain from going to certain described geographic
3 areas or premises;
4 (5) Be placed under direct supervision of the Pretrial
5 Services Agency, Probation Department or Court Services
6 Department in a pretrial home supervision capacity with or
7 without the use of an approved electronic monitoring
8 device subject to Article 8A of Chapter V of the Unified
9 Code of Corrections;
10 (6) For persons charged with violating Section 11-501
11 of the Illinois Vehicle Code, refrain from operating a
12 motor vehicle not equipped with an ignition interlock
13 device, as defined in Section 1-129.1 of the Illinois
14 Vehicle Code, pursuant to the rules promulgated by the
15 Secretary of State for the installation of ignition
16 interlock devices. Under this condition the court may
17 allow a defendant who is not self-employed to operate a
18 vehicle owned by the defendant's employer that is not
19 equipped with an ignition interlock device in the course
20 and scope of the defendant's employment;
21 (7) Comply with the terms and conditions of an order
22 of protection issued by the court under the Illinois
23 Domestic Violence Act of 1986 or an order of protection
24 issued by the court of another state, tribe, or United
25 States territory;
26 (8) Sign a written admonishment requiring that he or

HB4697- 388 -LRB103 35722 RLC 65802 b
1 she comply with the provisions of Section 110-12 regarding
2 any change in his or her address. The defendant's address
3 shall at all times remain a matter of record with the clerk
4 of the court; and
5 (9) Such other reasonable conditions as the court may
6 impose, so long as these conditions are the least
7 restrictive means to achieve the goals listed in
8 subsection (b), are individualized, and are in accordance
9 with national best practices as detailed in the Pretrial
10 Supervision Standards of the Supreme Court.
11 The defendant shall receive verbal and written
12notification of conditions of pretrial release and future
13court dates, including the date, time, and location of court.
14 (c) When a person is charged with an offense under Section
1511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
17Criminal Code of 2012, involving a victim who is a minor under
1818 years of age living in the same household with the defendant
19at the time of the offense, in granting bail or releasing the
20defendant on his or her recognizance, the judge shall impose
21conditions to restrict the defendant's access to the victim
22which may include, but are not limited to conditions that he
23will:
24 1. Vacate the household.
25 2. Make payment of temporary support to his
26 dependents.

HB4697- 389 -LRB103 35722 RLC 65802 b
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
4the victim is a family or household member as defined in
5Article 112A, conditions shall be imposed at the time of the
6defendant's release on bond that restrict the defendant's
7access to the victim. Unless provided otherwise by the court,
8the restrictions shall include requirements that the defendant
9do 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
17standardized bond pretrial release forms for use in cases
18involving family or household members as defined in Article
19112A, including specific conditions of bond pretrial release
20as provided in subsection (d). Failure of any law enforcement
21department to develop or use those forms shall in no way limit
22the applicability and enforcement of subsections (d) and (f).
23 (f) If the defendant is admitted to bail released after
24conviction following appeal or other post-conviction
25proceeding, the conditions of the bail bond pretrial release
26shall be that he will, in addition to the conditions set forth

HB4697- 390 -LRB103 35722 RLC 65802 b
1in subsections (a) and (b) hereof:
2 (1) Duly prosecute his appeal;
3 (2) Appear at such time and place as the court may
4 direct;
5 (3) Not depart this State without leave of the court;
6 (4) Comply with such other reasonable conditions as
7 the court may impose; and
8 (5) If the judgment is affirmed or the cause reversed
9 and remanded for a new trial, forthwith surrender to the
10 officer from whose custody he was bailed released.
11 (g) Upon a finding of guilty for any felony offense, the
12defendant shall physically surrender, at a time and place
13designated by the court, any and all firearms in his or her
14possession and his or her Firearm Owner's Identification Card
15as a condition of remaining on bond being released pending
16sentencing.
17 (h) In the event the defendant is unable to post bond, the
18court may impose a no contact provision with the victim or
19other interested party that shall be enforced while the
20defendant remains in custody.
21(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;
22102-1104, eff. 1-1-23.)
23 (725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
24 Sec. 110-11. Bail Pretrial release on a new trial. If the
25judgment of conviction is reversed and the cause remanded for

HB4697- 391 -LRB103 35722 RLC 65802 b
1a new trial the trial court may order that thebail conditions
2of pretrial release stand pending such trial, or reduce or
3increase bail modify the conditions of pretrial release.
4(Source: P.A. 101-652, eff. 1-1-23.)
5 (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
6 Sec. 110-12. Notice of change of address. A defendant who
7has been admitted to bail pretrial release shall file a
8written notice with the clerk of the court before which the
9proceeding is pending of any change in his or her address
10within 24 hours after such change, except that a defendant who
11has been admitted to bail pretrial release for a forcible
12felony as defined in Section 2-8 of the Criminal Code of 2012
13shall file a written notice with the clerk of the court before
14which the proceeding is pending and the clerk shall
15immediately deliver a time stamped copy of the written notice
16to the State's Attorney prosecutor charged with the
17prosecution within 24 hours prior to such change. The address
18of a defendant who has been admitted to bail pretrial release
19shall at all times remain a matter of public record with the
20clerk of the court.
21(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
22 (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
23 Sec. 111-2. Commencement of prosecutions.
24 (a) All prosecutions of felonies shall be by information

HB4697- 392 -LRB103 35722 RLC 65802 b
1or by indictment. No prosecution may be pursued by information
2unless a preliminary hearing has been held or waived in
3accordance with Section 109-3 and at that hearing probable
4cause to believe the defendant committed an offense was found,
5and the provisions of Section 109-3.1 of this Code have been
6complied with.
7 (b) All other prosecutions may be by indictment,
8information or complaint.
9 (c) Upon the filing of an information or indictment in
10open court charging the defendant with the commission of a sex
11offense defined in any Section of Article 11 of the Criminal
12Code of 1961 or the Criminal Code of 2012, and a minor as
13defined in Section 1-3 of the Juvenile Court Act of 1987 is
14alleged to be the victim of the commission of the acts of the
15defendant in the commission of such offense, the court may
16appoint a guardian ad litem for the minor as provided in
17Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of
181987.
19 (d) Upon the filing of an information or indictment in
20open court, the court shall immediately issue a warrant for
21the arrest of each person charged with an offense directed to a
22peace officer or some other person specifically named
23commanding him to arrest such person.
24 (e) When the offense is bailable eligible for pretrial
25release, the judge shall endorse on the warrant the amount of
26bail conditions of pretrial release required by the order of

HB4697- 393 -LRB103 35722 RLC 65802 b
1the court, and if the court orders the process returnable
2forthwith, the warrant shall require that the accused be
3arrested and brought immediately into court.
4 (f) Where the prosecution of a felony is by information or
5complaint after preliminary hearing, or after a waiver of
6preliminary hearing in accordance with paragraph (a) of this
7Section, such prosecution may be for all offenses, arising
8from the same transaction or conduct of a defendant even
9though the complaint or complaints filed at the preliminary
10hearing charged only one or some of the offenses arising from
11that transaction or conduct.
12(Source: P.A. 101-652, eff. 1-1-23.)
13 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
14 Sec. 112A-23. Enforcement of protective orders.
15 (a) When violation is crime. A violation of any protective
16order, whether issued in a civil, quasi-criminal proceeding or
17by a military judge, shall be enforced by a criminal court
18when:
19 (1) The respondent commits the crime of violation of a
20 domestic violence order of protection pursuant to Section
21 12-3.4 or 12-30 of the Criminal Code of 1961 or the
22 Criminal Code of 2012, by having knowingly violated:
23 (i) remedies described in paragraph (1), (2), (3),
24 (14), or (14.5) of subsection (b) of Section 112A-14
25 of this Code,

HB4697- 394 -LRB103 35722 RLC 65802 b
1 (ii) a remedy, which is substantially similar to
2 the remedies authorized under paragraph (1), (2), (3),
3 (14), or (14.5) of subsection (b) of Section 214 of the
4 Illinois Domestic Violence Act of 1986, in a valid
5 order of protection, which is authorized under the
6 laws of another state, tribe, or United States
7 territory, or
8 (iii) any other remedy when the act constitutes a
9 crime against the protected parties as defined by the
10 Criminal Code of 1961 or the Criminal Code of 2012.
11 Prosecution for a violation of a domestic violence
12 order of protection shall not bar concurrent prosecution
13 for any other crime, including any crime that may have
14 been committed at the time of the violation of the
15 domestic violence order of protection; or
16 (2) The respondent commits the crime of child
17 abduction pursuant to Section 10-5 of the Criminal Code of
18 1961 or the Criminal Code of 2012, by having knowingly
19 violated:
20 (i) remedies described in paragraph (5), (6), or
21 (8) of subsection (b) of Section 112A-14 of this Code,
22 or
23 (ii) a remedy, which is substantially similar to
24 the remedies authorized under paragraph (1), (5), (6),
25 or (8) of subsection (b) of Section 214 of the Illinois
26 Domestic Violence Act of 1986, in a valid domestic

HB4697- 395 -LRB103 35722 RLC 65802 b
1 violence order of protection, which is authorized
2 under the laws of another state, tribe, or United
3 States territory.
4 (3) The respondent commits the crime of violation of a
5 civil no contact order when the respondent violates
6 Section 12-3.8 of the Criminal Code of 2012. Prosecution
7 for a violation of a civil no contact order shall not bar
8 concurrent prosecution for any other crime, including any
9 crime that may have been committed at the time of the
10 violation of the civil no contact order.
11 (4) The respondent commits the crime of violation of a
12 stalking no contact order when the respondent violates
13 Section 12-3.9 of the Criminal Code of 2012. Prosecution
14 for a violation of a stalking no contact order shall not
15 bar concurrent prosecution for any other crime, including
16 any crime that may have been committed at the time of the
17 violation of the stalking no contact order.
18 (b) When violation is contempt of court. A violation of
19any valid protective order, whether issued in a civil or
20criminal proceeding or by a military judge, may be enforced
21through civil or criminal contempt procedures, as appropriate,
22by any court with jurisdiction, regardless where the act or
23acts which violated the protective order were committed, to
24the extent consistent with the venue provisions of this
25Article. Nothing in this Article shall preclude any Illinois
26court from enforcing any valid protective order issued in

HB4697- 396 -LRB103 35722 RLC 65802 b
1another state. Illinois courts may enforce protective orders
2through both criminal prosecution and contempt proceedings,
3unless the action which is second in time is barred by
4collateral estoppel or the constitutional prohibition against
5double jeopardy.
6 (1) In a contempt proceeding where the petition for a
7 rule to show cause sets forth facts evidencing an
8 immediate danger that the respondent will flee the
9 jurisdiction, conceal a child, or inflict physical abuse
10 on the petitioner or minor children or on dependent adults
11 in petitioner's care, the court may order the attachment
12 of the respondent without prior service of the rule to
13 show cause or the petition for a rule to show cause. Bond
14 shall be set unless specifically denied in writing.
15 (2) A petition for a rule to show cause for violation
16 of a protective order shall be treated as an expedited
17 proceeding.
18 (c) Violation of custody, allocation of parental
19responsibility, or support orders. A violation of remedies
20described in paragraph (5), (6), (8), or (9) of subsection (b)
21of Section 112A-14 of this Code may be enforced by any remedy
22provided by Section 607.5 of the Illinois Marriage and
23Dissolution of Marriage Act. The court may enforce any order
24for support issued under paragraph (12) of subsection (b) of
25Section 112A-14 of this Code in the manner provided for under
26Parts V and VII of the Illinois Marriage and Dissolution of

HB4697- 397 -LRB103 35722 RLC 65802 b
1Marriage Act.
2 (d) Actual knowledge. A protective order may be enforced
3pursuant to this Section if the respondent violates the order
4after the respondent has actual knowledge of its contents as
5shown through one of the following means:
6 (1) (Blank).
7 (2) (Blank).
8 (3) By service of a protective order under subsection
9 (f) of Section 112A-17.5 or Section 112A-22 of this Code.
10 (4) By other means demonstrating actual knowledge of
11 the contents of the order.
12 (e) The enforcement of a protective order in civil or
13criminal court shall not be affected by either of the
14following:
15 (1) The existence of a separate, correlative order
16 entered under Section 112A-15 of this Code.
17 (2) Any finding or order entered in a conjoined
18 criminal proceeding.
19 (e-5) If a civil no contact order entered under subsection
20(6) of Section 112A-20 of the Code of Criminal Procedure of
211963 conflicts with an order issued pursuant to the Juvenile
22Court Act of 1987 or the Illinois Marriage and Dissolution of
23Marriage Act, the conflicting order issued under subsection
24(6) of Section 112A-20 of the Code of Criminal Procedure of
251963 shall be void.
26 (f) Circumstances. The court, when determining whether or

HB4697- 398 -LRB103 35722 RLC 65802 b
1not a violation of a protective order has occurred, shall not
2require physical manifestations of abuse on the person of the
3victim.
4 (g) Penalties.
5 (1) Except as provided in paragraph (3) of this
6 subsection (g), where the court finds the commission of a
7 crime or contempt of court under subsection (a) or (b) of
8 this Section, the penalty shall be the penalty that
9 generally applies in such criminal or contempt
10 proceedings, and may include one or more of the following:
11 incarceration, payment of restitution, a fine, payment of
12 attorneys' fees and costs, or community service.
13 (2) The court shall hear and take into account
14 evidence of any factors in aggravation or mitigation
15 before deciding an appropriate penalty under paragraph (1)
16 of this subsection (g).
17 (3) To the extent permitted by law, the court is
18 encouraged to:
19 (i) increase the penalty for the knowing violation
20 of any protective order over any penalty previously
21 imposed by any court for respondent's violation of any
22 protective order or penal statute involving petitioner
23 as victim and respondent as defendant;
24 (ii) impose a minimum penalty of 24 hours
25 imprisonment for respondent's first violation of any
26 protective order; and

HB4697- 399 -LRB103 35722 RLC 65802 b
1 (iii) impose a minimum penalty of 48 hours
2 imprisonment for respondent's second or subsequent
3 violation of a protective order
4 unless the court explicitly finds that an increased
5 penalty or that period of imprisonment would be manifestly
6 unjust.
7 (4) In addition to any other penalties imposed for a
8 violation of a protective order, a criminal court may
9 consider evidence of any violations of a protective order:
10 (i) to increase, revoke, or modify the bail bond
11 conditions of pretrial release on an underlying
12 criminal charge pursuant to Section 110-6 of this
13 Code;
14 (ii) to revoke or modify an order of probation,
15 conditional discharge, or supervision, pursuant to
16 Section 5-6-4 of the Unified Code of Corrections;
17 (iii) to revoke or modify a sentence of periodic
18 imprisonment, pursuant to Section 5-7-2 of the Unified
19 Code of Corrections.
20(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;
21102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.
227-28-23.)
23 (725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
24 Sec. 113-3.1. Payment for Court-Appointed Counsel.
25 (a) Whenever under either Section 113-3 of this Code or

HB4697- 400 -LRB103 35722 RLC 65802 b
1Rule 607 of the Illinois Supreme Court the court appoints
2counsel to represent a defendant, the court may order the
3defendant to pay to the Clerk of the Circuit Court a reasonable
4sum to reimburse either the county or the State for such
5representation. In a hearing to determine the amount of the
6payment, the court shall consider the affidavit prepared by
7the defendant under Section 113-3 of this Code and any other
8information pertaining to the defendant's financial
9circumstances which may be submitted by the parties. Such
10hearing shall be conducted on the court's own motion or on
11motion of the prosecutor State's Attorney at any time after
12the appointment of counsel but no later than 90 days after the
13entry of a final order disposing of the case at the trial
14level.
15 (b) Any sum ordered paid under this Section may not exceed
16$500 for a defendant charged with a misdemeanor, $5,000 for a
17defendant charged with a felony, or $2,500 for a defendant who
18is appealing a conviction of any class offense.
19 (c) The method of any payment required under this Section
20shall be as specified by the Court. The court may order that
21payments be made on a monthly basis during the term of
22representation; however, the sum deposited as money bond shall
23not be used to satisfy this court order. Any sum deposited as
24money bond with the Clerk of the Circuit Court under Section
25110-7 of this Code may be used in the court's discretion in
26whole or in part to comply with any payment order entered in

HB4697- 401 -LRB103 35722 RLC 65802 b
1accordance with paragraph (a) of this Section. The court may
2give special consideration to the interests of relatives or
3other third parties who may have posted a money bond on the
4behalf of the defendant to secure his release. At any time
5prior to full payment of any payment order the court on its own
6motion or the motion of any party may reduce, increase, or
7suspend the ordered payment, or modify the method of payment,
8as the interest of fairness may require. No increase,
9suspension, or reduction may be ordered without a hearing and
10notice to all parties.
11 (d) The Supreme Court or the circuit courts may provide by
12rule for procedures for the enforcement of orders entered
13under this Section. Such rules may provide for the assessment
14of all costs, including attorneys' fees which are required for
15the enforcement of orders entered under this Section when the
16court in an enforcement proceeding has first found that the
17defendant has willfully refused to pay. The Clerk of the
18Circuit Court shall keep records and make reports to the court
19concerning funds paid under this Section in whatever manner
20the court directs.
21 (e) Whenever an order is entered under this Section for
22the reimbursement of the State due to the appointment of the
23State Appellate Defender as counsel on appeal, the order shall
24provide that the Clerk of the Circuit Court shall retain all
25funds paid pursuant to such order until the full amount of the
26sum ordered to be paid by the defendant has been paid. When no

HB4697- 402 -LRB103 35722 RLC 65802 b
1balance remains due on such order, the Clerk of the Circuit
2Court shall inform the court of this fact and the court shall
3promptly order the Clerk of the Circuit Court to pay to the
4State Treasurer all of the sum paid.
5 (f) The Clerk of the Circuit Court shall retain all funds
6under this Section paid for the reimbursement of the county,
7and shall inform the court when no balance remains due on an
8order entered hereunder. The Clerk of the Circuit Court shall
9make payments of funds collected under this Section to the
10County Treasurer in whatever manner and at whatever point as
11the court may direct, including payments made on a monthly
12basis during the term of representation.
13 (g) A defendant who fails to obey any order of court
14entered under this Section may be punished for contempt of
15court. Any arrearage in payments may be reduced to judgment in
16the court's discretion and collected by any means authorized
17for the collection of money judgments under the law of this
18State.
19(Source: P.A. 102-1104, eff. 1-1-23.)
20 (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
21 Sec. 114-1. Motion to dismiss charge.
22 (a) Upon the written motion of the defendant made prior to
23trial before or after a plea has been entered the court may
24dismiss the indictment, information or complaint upon any of
25the following grounds:

HB4697- 403 -LRB103 35722 RLC 65802 b
1 (1) The defendant has not been placed on trial in
2 compliance with Section 103-5 of this Code.
3 (2) The prosecution of the offense is barred by
4 Sections 3-3 through 3-8 of the Criminal Code of 2012.
5 (3) The defendant has received immunity from
6 prosecution for the offense charged.
7 (4) The indictment was returned by a Grand Jury which
8 was improperly selected and which results in substantial
9 injustice to the defendant.
10 (5) The indictment was returned by a Grand Jury which
11 acted contrary to Article 112 of this Code and which
12 results in substantial injustice to the defendant.
13 (6) The court in which the charge has been filed does
14 not have jurisdiction.
15 (7) The county is an improper place of trial.
16 (8) The charge does not state an offense.
17 (9) The indictment is based solely upon the testimony
18 of an incompetent witness.
19 (10) The defendant is misnamed in the charge and the
20 misnomer results in substantial injustice to the
21 defendant.
22 (11) The requirements of Section 109-3.1 have not been
23 complied with.
24 (b) The court shall require any motion to dismiss to be
25filed within a reasonable time after the defendant has been
26arraigned. Any motion not filed within such time or an

HB4697- 404 -LRB103 35722 RLC 65802 b
1extension thereof shall not be considered by the court and the
2grounds therefor, except as to subsections (a)(6) and (a)(8)
3of this Section, are waived.
4 (c) If the motion presents only an issue of law the court
5shall determine it without the necessity of further pleadings.
6If the motion alleges facts not of record in the case the State
7shall file an answer admitting or denying each of the factual
8allegations of the motion.
9 (d) When an issue of fact is presented by a motion to
10dismiss and the answer of the State the court shall conduct a
11hearing and determine the issues.
12 (d-5) When a defendant seeks dismissal of the charge upon
13the ground set forth in subsection (a)(7) of this Section, the
14defendant shall make a prima facie showing that the county is
15an improper place of trial. Upon such showing, the State shall
16have the burden of proving, by a preponderance of the
17evidence, that the county is the proper place of trial.
18 (d-6) When a defendant seeks dismissal of the charge upon
19the grounds set forth in subsection (a)(2) of this Section,
20the prosecution shall have the burden of proving, by a
21preponderance of the evidence, that the prosecution of the
22offense is not barred by Sections 3-3 through 3-8 of the
23Criminal Code of 2012.
24 (e) Dismissal of the charge upon the grounds set forth in
25subsections (a)(4) through (a)(11) of this Section shall not
26prevent the return of a new indictment or the filing of a new

HB4697- 405 -LRB103 35722 RLC 65802 b
1charge, and upon such dismissal the court may order that the
2defendant be held in custody or, if the defendant had been
3previously released on bail pretrial release, that the bail
4pretrial release be continued for a specified time pending the
5return of a new indictment or the filing of a new charge.
6 (f) If the court determines that the motion to dismiss
7based upon the grounds set forth in subsections (a)(6) and
8(a)(7) is well founded it may, instead of dismissal, order the
9cause transferred to a court of competent jurisdiction or to a
10proper place of trial.
11(Source: P.A. 100-434, eff. 1-1-18; 101-652, eff. 1-1-23.)
12 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
13 Sec. 115-4.1. Absence of defendant.
14 (a) When a defendant after arrest and an initial court
15appearance for a non-capital felony or a misdemeanor, fails to
16appear for trial, at the request of the State and after the
17State has affirmatively proven through substantial evidence
18that the defendant is willfully avoiding trial, the court may
19commence trial in the absence of the defendant. Absence of a
20defendant as specified in this Section shall not be a bar to
21indictment of a defendant, return of information against a
22defendant, or arraignment of a defendant for the charge for
23which bail pretrial release has been granted. If a defendant
24fails to appear at arraignment, the court may enter a plea of
25"not guilty" on his behalf. If a defendant absents himself

HB4697- 406 -LRB103 35722 RLC 65802 b
1before trial on a capital felony, trial may proceed as
2specified in this Section provided that the State certifies
3that it will not seek a death sentence following conviction.
4Trial in the defendant's absence shall be by jury unless the
5defendant had previously waived trial by jury. The absent
6defendant must be represented by retained or appointed
7counsel. The court, at the conclusion of all of the
8proceedings, may order the clerk of the circuit court to pay
9counsel such sum as the court deems reasonable, from any bond
10monies which were posted by the defendant with the clerk,
11after the clerk has first deducted all court costs. If trial
12had previously commenced in the presence of the defendant and
13the defendant willfully absents himself for two successive
14court days, the court shall proceed to trial. All procedural
15rights guaranteed by the United States Constitution,
16Constitution of the State of Illinois, statutes of the State
17of Illinois, and rules of court shall apply to the proceedings
18the same as if the defendant were present in court and had not
19either forfeited his or her bail bond had his or her pretrial
20release revoked or escaped from custody. The court may set the
21case for a trial which may be conducted under this Section
22despite the failure of the defendant to appear at the hearing
23at which the trial date is set. When such trial date is set the
24clerk shall send to the defendant, by certified mail at his
25last known address indicated on his bond slip, notice of the
26new date which has been set for trial. Such notification shall

HB4697- 407 -LRB103 35722 RLC 65802 b
1be required when the defendant was not personally present in
2open court at the time when the case was set for trial.
3 (b) The absence of a defendant from a trial conducted
4pursuant to this Section does not operate as a bar to
5concluding the trial, to a judgment of conviction resulting
6therefrom, or to a final disposition of the trial in favor of
7the defendant.
8 (c) Upon a verdict of not guilty, the court shall enter
9judgment for the defendant. Upon a verdict of guilty, the
10court shall set a date for the hearing of post-trial motions
11and shall hear such motion in the absence of the defendant. If
12post-trial motions are denied, the court shall proceed to
13conduct a sentencing hearing and to impose a sentence upon the
14defendant.
15 (d) A defendant who is absent for part of the proceedings
16of trial, post-trial motions, or sentencing, does not thereby
17forfeit his right to be present at all remaining proceedings.
18 (e) When a defendant who in his absence has been either
19convicted or sentenced or both convicted and sentenced appears
20before the court, he must be granted a new trial or new
21sentencing hearing if the defendant can establish that his
22failure to appear in court was both without his fault and due
23to circumstances beyond his control. A hearing with notice to
24the State's Attorney on the defendant's request for a new
25trial or a new sentencing hearing must be held before any such
26request may be granted. At any such hearing both the defendant

HB4697- 408 -LRB103 35722 RLC 65802 b
1and the State may present evidence.
2 (f) If the court grants only the defendant's request for a
3new sentencing hearing, then a new sentencing hearing shall be
4held in accordance with the provisions of the Unified Code of
5Corrections. At any such hearing, both the defendant and the
6State may offer evidence of the defendant's conduct during his
7period of absence from the court. The court may impose any
8sentence authorized by the Unified Code of Corrections and is
9not in any way limited or restricted by any sentence
10previously imposed.
11 (g) A defendant whose motion under paragraph (e) for a new
12trial or new sentencing hearing has been denied may file a
13notice of appeal therefrom. Such notice may also include a
14request for review of the judgment and sentence not vacated by
15the trial court.
16(Source: P.A. 101-652, eff. 1-1-23.)
17 (725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
18 Sec. 122-6. Disposition in trial court. The court may
19receive proof by affidavits, depositions, oral testimony, or
20other evidence. In its discretion the court may order the
21petitioner brought before the court for the hearing. If the
22court finds in favor of the petitioner, it shall enter an
23appropriate order with respect to the judgment or sentence in
24the former proceedings and such supplementary orders as to
25rearraignment, retrial, custody, bail, conditions of pretrial

HB4697- 409 -LRB103 35722 RLC 65802 b
1release or discharge as may be necessary and proper.
2(Source: P.A. 101-652, eff. 1-1-23.)
3 (725 ILCS 5/102-10.5 rep.)
4 (725 ILCS 5/102-14.5 rep.)
5 (725 ILCS 5/110-6.6 rep.)
6 (725 ILCS 5/110-7.5 rep.)
7 (725 ILCS 5/110-1.5 rep.)
8 Section 255. The Code of Criminal Procedure of 1963 is
9amended by repealing Sections 102-10.5, 102-14.5, 110-1.5
10110-6.6, and 110-7.5.
11 Section 260. The Code of Criminal Procedure of 1963 is
12amended by changing Sections 103-2 and 108-8 as follows:
13 (725 ILCS 5/103-2) (from Ch. 38, par. 103-2)
14 Sec. 103-2. Treatment while in custody.
15 (a) On being taken into custody every person shall have
16the right to remain silent.
17 (b) No unlawful means of any kind shall be used to obtain a
18statement, admission or confession from any person in custody.
19 (c) Persons in custody shall be treated humanely and
20provided with proper food, shelter and, if required, medical
21treatment without unreasonable delay if the need for the
22treatment is apparent.
23(Source: P.A. 101-652, eff. 7-1-21.)

HB4697- 410 -LRB103 35722 RLC 65802 b
1 (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
2 Sec. 108-8. Use of force in execution of search warrant.
3 (a) All necessary and reasonable force may be used to
4effect an entry into any building or property or part thereof
5to execute a search warrant.
6 (b) The court issuing a warrant may authorize the officer
7executing the warrant to make entry without first knocking and
8announcing his or her office if it finds, based upon a showing
9of specific facts, the existence of the following exigent
10circumstances:
11 (1) That the officer reasonably believes that if
12 notice were given a weapon would be used:
13 (i) against the officer executing the search
14 warrant; or
15 (ii) against another person.
16 (2) That if notice were given there is an imminent
17 "danger" that evidence will be destroyed.
18 (c) Prior to the issuing of a warrant under subsection
19(b), the officer must attest that:
20 (1) prior to entering the location described in the
21 search warrant, a supervising officer will ensure that
22 each participating member is assigned a body worn camera
23 and is following policies and procedures in accordance
24 with Section 10-20 of the Law Enforcement Officer-Worn
25 Body Camera Act; provided that the law enforcement agency

HB4697- 411 -LRB103 35722 RLC 65802 b
1 has implemented body worn camera in accordance with
2 Section 10-15 of the Law Enforcement Officer-Worn Body
3 Camera Act. If a law enforcement agency or each
4 participating member of a multi-jurisdictional team has
5 not implemented a body camera in accordance with Section
6 10-15 of the Law Enforcement Officer-Worn Body Camera Act,
7 the officer must attest that the interaction authorized by
8 the warrant is otherwise recorded;
9 (2) The supervising officer verified the subject
10 address listed on the warrant for accuracy and planned for
11 children or other vulnerable people on-site; and
12 (3) if an officer becomes aware the search warrant was
13 executed at an address, unit, or apartment different from
14 the location listed on the search warrant, that member
15 will immediately notify a supervisor who will ensure an
16 internal investigation or formal inquiry ensues.
17(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
18 Section 265. The Code of Criminal Procedure of 1963 is
19amended by adding Sections 103-3.1, 110-4.1, 110-6.3-1,
20110-6.5-1, 110-7.1, 110-8.1, 110-9.1, 110-13.1, 110-14.1,
21110-15.1, 110-16.1, 110-17.1, and 110-18.1 and Article 110B as
22follows:
23 (725 ILCS 5/103-3.1 new)
24 Sec. 103-3.1. Right to communicate with attorney and

HB4697- 412 -LRB103 35722 RLC 65802 b
1family; transfers.
2 (a) Persons who are arrested shall have the right to
3communicate with an attorney of their choice and a member of
4their family by making a reasonable number of telephone calls
5or in any other reasonable manner. Such communication shall be
6permitted within a reasonable time after arrival at the first
7place of custody.
8 (b) In the event the accused is transferred to a new place
9of custody his right to communicate with an attorney and a
10member of his family is renewed.
11 (725 ILCS 5/110-4.1 new)
12 Sec. 110-4.1. Bailable offenses.
13 (a) All persons shall be bailable before conviction,
14except the following offenses where the proof is evident or
15the presumption great that the defendant is guilty of the
16offense: capital offenses; offenses for which a sentence of
17life imprisonment may be imposed as a consequence of
18conviction; felony offenses for which a sentence of
19imprisonment, without conditional and revocable release, shall
20be imposed by law as a consequence of conviction, where the
21court after a hearing, determines that the release of the
22defendant would pose a real and present threat to the physical
23safety of any person or persons; stalking or aggravated
24stalking, where the court, after a hearing, determines that
25the release of the defendant would pose a real and present

HB4697- 413 -LRB103 35722 RLC 65802 b
1threat to the physical safety of the alleged victim of the
2offense and denial of bail is necessary to prevent fulfillment
3of the threat upon which the charge is based; or unlawful use
4of weapons in violation of item (4) of subsection (a) of
5Section 24-1 of the Criminal Code of 1961 or the Criminal Code
6of 2012 when that offense occurred in a school or in any
7conveyance owned, leased, or contracted by a school to
8transport students to or from school or a school-related
9activity, or on any public way within 1,000 feet of real
10property comprising any school, where the court, after a
11hearing, determines that the release of the defendant would
12pose a real and present threat to the physical safety of any
13person and denial of bail is necessary to prevent fulfillment
14of that threat; or making a terrorist threat in violation of
15Section 29D-20 of the Criminal Code of 1961 or the Criminal
16Code of 2012 or an attempt to commit the offense of making a
17terrorist threat, where the court, after a hearing, determines
18that the release of the defendant would pose a real and present
19threat to the physical safety of any person and denial of bail
20is necessary to prevent fulfillment of that threat.
21 (b) A person seeking release on bail who is charged with a
22capital offense or an offense for which a sentence of life
23imprisonment may be imposed shall not be bailable until a
24hearing is held wherein such person has the burden of
25demonstrating that the proof of his guilt is not evident and
26the presumption is not great.

HB4697- 414 -LRB103 35722 RLC 65802 b
1 (c) Where it is alleged that bail should be denied to a
2person upon the grounds that the person presents a real and
3present threat to the physical safety of any person or
4persons, the burden of proof of such allegations shall be upon
5the State.
6 (d) When it is alleged that bail should be denied to a
7person charged with stalking or aggravated stalking upon the
8grounds set forth in Section 110-6.3-1 of this Code, the
9burden of proof of those allegations shall be upon the State.
10 (725 ILCS 5/110-6.3-1 new)
11 Sec. 110-6.3-1. Denial of bail in stalking and aggravated
12stalking offenses.
13 (a) Upon verified petition by the State, the court shall
14hold a hearing to determine whether bail should be denied to a
15defendant who is charged with stalking or aggravated stalking,
16when it is alleged that the defendant's admission to bail
17poses a real and present threat to the physical safety of the
18alleged victim of the offense, and denial of release on bail or
19personal recognizance is necessary to prevent fulfillment of
20the threat upon which the charge is based.
21 (1) A petition may be filed without prior notice to
22 the defendant at the first appearance before a judge, or
23 within 21 calendar days, except as provided in Section
24 110-6, after arrest and release of the defendant upon
25 reasonable notice to defendant; provided that while the

HB4697- 415 -LRB103 35722 RLC 65802 b
1 petition is pending before the court, the defendant if
2 previously released shall not be detained.
3 (2) The hearing shall be held immediately upon the
4 defendant's appearance before the court, unless for good
5 cause shown the defendant or the State seeks a
6 continuance. A continuance on motion of the defendant may
7 not exceed 5 calendar days, and the defendant may be held
8 in custody during the continuance. A continuance on the
9 motion of the State may not exceed 3 calendar days;
10 however, the defendant may be held in custody during the
11 continuance under this provision if the defendant has been
12 previously found to have violated an order of protection
13 or has been previously convicted of, or granted court
14 supervision for, any of the offenses set forth in Sections
15 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,
16 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4,
17 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code
18 of 1961 or the Criminal Code of 2012, against the same
19 person as the alleged victim of the stalking or aggravated
20 stalking offense.
21 (b) The court may deny bail to the defendant when, after
22the hearing, it is determined that:
23 (1) the proof is evident or the presumption great that
24 the defendant has committed the offense of stalking or
25 aggravated stalking; and
26 (2) the defendant poses a real and present threat to

HB4697- 416 -LRB103 35722 RLC 65802 b
1 the physical safety of the alleged victim of the offense;
2 and
3 (3) the denial of release on bail or personal
4 recognizance is necessary to prevent fulfillment of the
5 threat upon which the charge is based; and
6 (4) the court finds that no condition or combination
7 of conditions set forth in subsection (b) of Section
8 110-10 of this Code, including mental health treatment at
9 a community mental health center, hospital, or facility of
10 the Department of Human Services, can reasonably assure
11 the physical safety of the alleged victim of the offense.
12 (c) Conduct of the hearings.
13 (1) The hearing on the defendant's culpability and
14 threat to the alleged victim of the offense shall be
15 conducted in accordance with the following provisions:
16 (A) Information used by the court in its findings
17 or stated in or offered at the hearing may be by way of
18 proffer based upon reliable information offered by the
19 State or by defendant. Defendant has the right to be
20 represented by counsel, and if he is indigent, to have
21 counsel appointed for him. Defendant shall have the
22 opportunity to testify, to present witnesses in his
23 own behalf, and to cross-examine witnesses if any are
24 called by the State. The defendant has the right to
25 present witnesses in his favor. When the ends of
26 justice so require, the court may exercise its

HB4697- 417 -LRB103 35722 RLC 65802 b
1 discretion and compel the appearance of a complaining
2 witness. The court shall state on the record reasons
3 for granting a defense request to compel the presence
4 of a complaining witness. Cross-examination of a
5 complaining witness at the pretrial detention hearing
6 for the purpose of impeaching the witness' credibility
7 is insufficient reason to compel the presence of the
8 witness. In deciding whether to compel the appearance
9 of a complaining witness, the court shall be
10 considerate of the emotional and physical well-being
11 of the witness. The pretrial detention hearing is not
12 to be used for the purposes of discovery, and the post
13 arraignment rules of discovery do not apply. The State
14 shall tender to the defendant, prior to the hearing,
15 copies of defendant's criminal history, if any, if
16 available, and any written or recorded statements and
17 the substance of any oral statements made by any
18 person, if relied upon by the State. The rules
19 concerning the admissibility of evidence in criminal
20 trials do not apply to the presentation and
21 consideration of information at the hearing. At the
22 trial concerning the offense for which the hearing was
23 conducted neither the finding of the court nor any
24 transcript or other record of the hearing shall be
25 admissible in the State's case in chief, but shall be
26 admissible for impeachment, or as provided in Section

HB4697- 418 -LRB103 35722 RLC 65802 b
1 115-10.1 of this Code, or in a perjury proceeding.
2 (B) A motion by the defendant to suppress evidence
3 or to suppress a confession shall not be entertained.
4 Evidence that proof may have been obtained as the
5 result of an unlawful search and seizure or through
6 improper interrogation is not relevant to this state
7 of the prosecution.
8 (2) The facts relied upon by the court to support a
9 finding that:
10 (A) the defendant poses a real and present threat
11 to the physical safety of the alleged victim of the
12 offense; and
13 (B) the denial of release on bail or personal
14 recognizance is necessary to prevent fulfillment of
15 the threat upon which the charge is based;
16 shall be supported by clear and convincing evidence
17 presented by the State.
18 (d) Factors to be considered in making a determination of
19the threat to the alleged victim of the offense. The court may,
20in determining whether the defendant poses, at the time of the
21hearing, a real and present threat to the physical safety of
22the alleged victim of the offense, consider but shall not be
23limited to evidence or testimony concerning:
24 (1) The nature and circumstances of the offense
25 charged;
26 (2) The history and characteristics of the defendant

HB4697- 419 -LRB103 35722 RLC 65802 b
1 including:
2 (A) Any evidence of the defendant's prior criminal
3 history indicative of violent, abusive or assaultive
4 behavior, or lack of that behavior. The evidence may
5 include testimony or documents received in juvenile
6 proceedings, criminal, quasi-criminal, civil
7 commitment, domestic relations or other proceedings;
8 (B) Any evidence of the defendant's psychological,
9 psychiatric or other similar social history that tends
10 to indicate a violent, abusive, or assaultive nature,
11 or lack of any such history.
12 (3) The nature of the threat which is the basis of the
13 charge against the defendant;
14 (4) Any statements made by, or attributed to the
15 defendant, together with the circumstances surrounding
16 them;
17 (5) The age and physical condition of any person
18 assaulted by the defendant;
19 (6) Whether the defendant is known to possess or have
20 access to any weapon or weapons;
21 (7) Whether, at the time of the current offense or any
22 other offense or arrest, the defendant was on probation,
23 parole, aftercare release, mandatory supervised release or
24 other release from custody pending trial, sentencing,
25 appeal or completion of sentence for an offense under
26 federal or state law;

HB4697- 420 -LRB103 35722 RLC 65802 b
1 (8) Any other factors, including those listed in
2 Section 110-5 of this Code, deemed by the court to have a
3 reasonable bearing upon the defendant's propensity or
4 reputation for violent, abusive or assaultive behavior, or
5 lack of that behavior.
6 (e) The court shall, in any order denying bail to a person
7charged with stalking or aggravated stalking:
8 (1) briefly summarize the evidence of the defendant's
9 culpability and its reasons for concluding that the
10 defendant should be held without bail;
11 (2) direct that the defendant be committed to the
12 custody of the sheriff for confinement in the county jail
13 pending trial;
14 (3) direct that the defendant be given a reasonable
15 opportunity for private consultation with counsel, and for
16 communication with others of his choice by visitation,
17 mail and telephone; and
18 (4) direct that the sheriff deliver the defendant as
19 required for appearances in connection with court
20 proceedings.
21 (f) If the court enters an order for the detention of the
22defendant under subsection (e) of this Section, the defendant
23shall be brought to trial on the offense for which he is
24detained within 90 days after the date on which the order for
25detention was entered. If the defendant is not brought to
26trial within the 90 day period required by this subsection

HB4697- 421 -LRB103 35722 RLC 65802 b
1(f), he shall not be held longer without bail. In computing the
290 day period, the court shall omit any period of delay
3resulting from a continuance granted at the request of the
4defendant. The court shall immediately notify the alleged
5victim of the offense that the defendant has been admitted to
6bail under this subsection.
7 (g) Any person shall be entitled to appeal any order
8entered under this Section denying bail to the defendant.
9 (h) The State may appeal any order entered under this
10Section denying any motion for denial of bail.
11 (i) Nothing in this Section shall be construed as
12modifying or limiting in any way the defendant's presumption
13of innocence in further criminal proceedings.
14 (725 ILCS 5/110-6.5-1 new)
15 Sec. 110-6.5-1. Drug testing program.
16 (a) The Chief Judge of the circuit may establish a drug
17testing program as provided by this Section in any county in
18the circuit if the county board has approved the establishment
19of the program and the county probation department or pretrial
20services agency has consented to administer it. The drug
21testing program shall be conducted under the following
22provisions:
23 (a-1) The court, in the case of a defendant charged with a
24felony offense or any offense involving the possession or
25delivery of cannabis or a controlled substance, shall:

HB4697- 422 -LRB103 35722 RLC 65802 b
1 (1) not consider the release of the defendant on his
2 or her own recognizance, unless the defendant consents to
3 periodic drug testing during the period of release on his
4 or her own recognizance, in accordance with this Section;
5 (2) consider the consent of the defendant to periodic
6 drug testing during the period of release on bail in
7 accordance with this Section as a favorable factor for the
8 defendant in determining the amount of bail, the
9 conditions of release or in considering the defendant's
10 motion to reduce the amount of bail.
11 (b) The drug testing shall be conducted by the pretrial
12services agency or under the direction of the probation
13department when a pretrial services agency does not exist in
14accordance with this Section.
15 (c) A defendant who consents to periodic drug testing as
16set forth in this Section shall sign an agreement with the
17court that, during the period of release, the defendant shall
18refrain from using illegal drugs and that the defendant will
19comply with the conditions of the testing program. The
20agreement shall be on a form prescribed by the court and shall
21be executed at the time of the bail hearing. This agreement
22shall be made a specific condition of bail.
23 (d) The drug testing program shall be conducted as
24follows:
25 (1) The testing shall be done by urinalysis for the
26 detection of phencyclidine, heroin, cocaine, methadone and

HB4697- 423 -LRB103 35722 RLC 65802 b
1 amphetamines.
2 (2) The collection of samples shall be performed under
3 reasonable and sanitary conditions.
4 (3) Samples shall be collected and tested with due
5 regard for the privacy of the individual being tested and
6 in a manner reasonably calculated to prevent substitutions
7 or interference with the collection or testing of reliable
8 samples.
9 (4) Sample collection shall be documented, and the
10 documentation procedures shall include:
11 (i) Labeling of samples so as to reasonably
12 preclude the probability of erroneous identification
13 of test results; and
14 (ii) An opportunity for the defendant to provide
15 information on the identification of prescription or
16 nonprescription drugs used in connection with a
17 medical condition.
18 (5) Sample collection, storage, and transportation to
19 the place of testing shall be performed so as to
20 reasonably preclude the probability of sample
21 contamination or adulteration.
22 (6) Sample testing shall conform to scientifically
23 accepted analytical methods and procedures. Testing shall
24 include verification or confirmation of any positive test
25 result by a reliable analytical method before the result
26 of any test may be used as a basis for any action by the

HB4697- 424 -LRB103 35722 RLC 65802 b
1 court.
2 (e) The initial sample shall be collected before the
3defendant's release on bail. Thereafter, the defendant shall
4report to the pretrial services agency or probation department
5as required by the agency or department. The pretrial services
6agency or probation department shall immediately notify the
7court of any defendant who fails to report for testing.
8 (f) After the initial test, a subsequent confirmed
9positive test result indicative of continued drug use shall
10result in the following:
11 (1) Upon the first confirmed positive test result, the
12 pretrial services agency or probation department, shall
13 place the defendant on a more frequent testing schedule
14 and shall warn the defendant of the consequences of
15 continued drug use.
16 (2) A second confirmed positive test result shall be
17 grounds for a hearing before the judge who authorized the
18 release of the defendant in accordance with the provisions
19 of subsection (g) of this Section.
20 (g) The court shall, upon motion of the State or upon its
21own motion, conduct a hearing in connection with any defendant
22who fails to appear for testing, fails to cooperate with the
23persons conducting the testing program, attempts to submit a
24sample not his or her own or has had a confirmed positive test
25result indicative of continued drug use for the second or
26subsequent time after the initial test. The hearing shall be

HB4697- 425 -LRB103 35722 RLC 65802 b
1conducted in accordance with the procedures of Section 110-6.
2 Upon a finding by the court that the State has established
3by clear and convincing evidence that the defendant has
4violated the drug testing conditions of bail, the court may
5consider any of the following sanctions:
6 (1) increase the amount of the defendant's bail or
7 conditions of release;
8 (2) impose a jail sentence of up to 5 days;
9 (3) revoke the defendant's bail; or
10 (4) enter such other orders which are within the power
11 of the court as deemed appropriate.
12 (h) The results of any drug testing conducted under this
13Section shall not be admissible on the issue of the
14defendant's guilt in connection with any criminal charge.
15 (i) The court may require that the defendant pay for the
16cost of drug testing.
17 (725 ILCS 5/110-7.1 new)
18 Sec. 110-7.1. Deposit of bail security.
19 (a) The person for whom bail has been set shall execute the
20bail bond and deposit with the clerk of the court before which
21the proceeding is pending a sum of money equal to 10% of the
22bail, but in no event shall such deposit be less than $25. The
23clerk of the court shall provide a space on each form for a
24person other than the accused who has provided the money for
25the posting of bail to so indicate and a space signed by an

HB4697- 426 -LRB103 35722 RLC 65802 b
1accused who has executed the bail bond indicating whether a
2person other than the accused has provided the money for the
3posting of bail. The form shall also include a written notice
4to such person who has provided the defendant with the money
5for the posting of bail indicating that the bail may be used to
6pay costs, attorney's fees, fines, or other purposes
7authorized by the court and if the defendant fails to comply
8with the conditions of the bail bond, the court shall enter an
9order declaring the bail to be forfeited. The written notice
10must be: (1) distinguishable from the surrounding text; (2) in
11bold type or underscored; and (3) in a type size at least 2
12points larger than the surrounding type. When a person for
13whom bail has been set is charged with an offense under the
14Illinois Controlled Substances Act or the Methamphetamine
15Control and Community Protection Act which is a Class X
16felony, or making a terrorist threat in violation of Section
1729D-20 of the Criminal Code of 1961 or the Criminal Code of
182012 or an attempt to commit the offense of making a terrorist
19threat, the court may require the defendant to deposit a sum
20equal to 100% of the bail. Where any person is charged with a
21forcible felony while free on bail and is the subject of
22proceedings under Section 109-3 of this Code the judge
23conducting the preliminary examination may also conduct a
24hearing upon the application of the State pursuant to the
25provisions of Section 110-6 of this Code to increase or revoke
26the bail for that person's prior alleged offense.

HB4697- 427 -LRB103 35722 RLC 65802 b
1 (b) Upon depositing this sum and any bond fee authorized
2by law, the person shall be released from custody subject to
3the conditions of the bail bond.
4 (c) Once bail has been given and a charge is pending or is
5thereafter filed in or transferred to a court of competent
6jurisdiction the latter court shall continue the original bail
7in that court subject to the provisions of Section 110-6 of
8this Code.
9 (d) After conviction the court may order that the original
10bail stand as bail pending appeal or deny, increase or reduce
11bail subject to the provisions of Section 110-6.2.
12 (e) After the entry of an order by the trial court allowing
13or denying bail pending appeal either party may apply to the
14reviewing court having jurisdiction or to a justice thereof
15sitting in vacation for an order increasing or decreasing the
16amount of bail or allowing or denying bail pending appeal
17subject to the provisions of Section 110-6.2.
18 (f) When the conditions of the bail bond have been
19performed and the accused has been discharged from all
20obligations in the cause the clerk of the court shall return to
21the accused or to the defendant's designee by an assignment
22executed at the time the bail amount is deposited, unless the
23court orders otherwise, 90% of the sum which had been
24deposited and shall retain as bail bond costs 10% of the amount
25deposited. However, in no event shall the amount retained by
26the clerk as bail bond costs be less than $5. Notwithstanding

HB4697- 428 -LRB103 35722 RLC 65802 b
1the foregoing, in counties with a population of 3,000,000 or
2more, in no event shall the amount retained by the clerk as
3bail bond costs exceed $100. Bail bond deposited by or on
4behalf of a defendant in one case may be used, in the court's
5discretion, to satisfy financial obligations of that same
6defendant incurred in a different case due to a fine, court
7costs, restitution or fees of the defendant's attorney of
8record. In counties with a population of 3,000,000 or more,
9the court shall not order bail bond deposited by or on behalf
10of a defendant in one case to be used to satisfy financial
11obligations of that same defendant in a different case until
12the bail bond is first used to satisfy court costs and
13attorney's fees in the case in which the bail bond has been
14deposited and any other unpaid child support obligations are
15satisfied. In counties with a population of less than
163,000,000, the court shall not order bail bond deposited by or
17on behalf of a defendant in one case to be used to satisfy
18financial obligations of that same defendant in a different
19case until the bail bond is first used to satisfy court costs
20in the case in which the bail bond has been deposited.
21 At the request of the defendant the court may order such
2290% of defendant's bail deposit, or whatever amount is
23repayable to defendant from such deposit, to be paid to
24defendant's attorney of record.
25 (g) If the accused does not comply with the conditions of
26the bail bond the court having jurisdiction shall enter an

HB4697- 429 -LRB103 35722 RLC 65802 b
1order declaring the bail to be forfeited. Notice of such order
2of forfeiture shall be mailed forthwith to the accused at his
3last known address. If the accused does not appear and
4surrender to the court having jurisdiction within 30 days from
5the date of the forfeiture or within such period satisfy the
6court that appearance and surrender by the accused is
7impossible and without his fault the court shall enter
8judgment for the State if the charge for which the bond was
9given was a felony or misdemeanor, or if the charge was
10quasi-criminal or traffic, judgment for the political
11subdivision of the State which prosecuted the case, against
12the accused for the amount of the bail and costs of the court
13proceedings; however, in counties with a population of less
14than 3,000,000, instead of the court entering a judgment for
15the full amount of the bond the court may, in its discretion,
16enter judgment for the cash deposit on the bond, less costs,
17retain the deposit for further disposition or, if a cash bond
18was posted for failure to appear in a matter involving
19enforcement of child support or maintenance, the amount of the
20cash deposit on the bond, less outstanding costs, may be
21awarded to the person or entity to whom the child support or
22maintenance is due. The deposit made in accordance with
23paragraph (a) shall be applied to the payment of costs. If
24judgment is entered and any amount of such deposit remains
25after the payment of costs it shall be applied to payment of
26the judgment and transferred to the treasury of the municipal

HB4697- 430 -LRB103 35722 RLC 65802 b
1corporation wherein the bond was taken if the offense was a
2violation of any penal ordinance of a political subdivision of
3this State, or to the treasury of the county wherein the bond
4was taken if the offense was a violation of any penal statute
5of this State. The balance of the judgment may be enforced and
6collected in the same manner as a judgment entered in a civil
7action.
8 (h) After a judgment for a fine and court costs or either
9is entered in the prosecution of a cause in which a deposit had
10been made in accordance with paragraph (a) the balance of such
11deposit, after deduction of bail bond costs, shall be applied
12to the payment of the judgment.
13 (i) When a court appearance is required for an alleged
14violation of the Criminal Code of 1961, the Criminal Code of
152012, the Illinois Vehicle Code, the Wildlife Code, the Fish
16and Aquatic Life Code, the Child Passenger Protection Act, or
17a comparable offense of a unit of local government as
18specified in Supreme Court Rule 551, and if the accused does
19not appear in court on the date set for appearance or any date
20to which the case may be continued and the court issues an
21arrest warrant for the accused, based upon his or her failure
22to appear when having so previously been ordered to appear by
23the court, the accused upon his or her admission to bail shall
24be assessed by the court a fee of $75. Payment of the fee shall
25be a condition of release unless otherwise ordered by the
26court. The fee shall be in addition to any bail that the

HB4697- 431 -LRB103 35722 RLC 65802 b
1accused is required to deposit for the offense for which the
2accused has been charged and may not be used for the payment of
3court costs or fines assessed for the offense. The clerk of the
4court shall remit $70 of the fee assessed to the arresting
5agency who brings the offender in on the arrest warrant. If the
6Department of State Police is the arresting agency, $70 of the
7fee assessed shall be remitted by the clerk of the court to the
8State Treasurer within one month after receipt for deposit
9into the State Police Operations Assistance Fund. The clerk of
10the court shall remit $5 of the fee assessed to the Circuit
11Court Clerk Operation and Administrative Fund as provided in
12Section 27.3d of the Clerks of Courts Act.
13 (725 ILCS 5/110-8.1 new)
14 Sec. 110-8.1. Cash, stocks, bonds and real estate as
15security for bail.
16 (a) In lieu of the bail deposit provided for in Section
17110-7.1 of this Code any person for whom bail has been set may
18execute the bail bond with or without sureties which bond may
19be secured:
20 (1) By a deposit, with the clerk of the court, of an amount
21equal to the required bail, of cash, or stocks and bonds in
22which trustees are authorized to invest trust funds under the
23laws of this State; or
24 (2) By real estate situated in this State with
25unencumbered equity not exempt owned by the accused or

HB4697- 432 -LRB103 35722 RLC 65802 b
1sureties worth double the amount of bail set in the bond.
2 (b) If the bail bond is secured by stocks and bonds the
3accused or sureties shall file with the bond a sworn schedule
4which shall be approved by the court and shall contain:
5 (1) A list of the stocks and bonds deposited
6 describing each in sufficient detail that it may be
7 identified;
8 (2) The market value of each stock and bond;
9 (3) The total market value of the stocks and bonds
10 listed;
11 (4) A statement that the affiant is the sole owner of
12 the stocks and bonds listed and they are not exempt from
13 the enforcement of a judgment thereon;
14 (5) A statement that such stocks and bonds have not
15 previously been used or accepted as bail in this State
16 during the 12 months preceding the date of the bail bond;
17 and
18 (6) A statement that such stocks and bonds are
19 security for the appearance of the accused in accordance
20 with the conditions of the bail bond.
21 (c) If the bail bond is secured by real estate the accused
22or sureties shall file with the bond a sworn schedule which
23shall contain:
24 (1) A legal description of the real estate;
25 (2) A description of any and all encumbrances on the
26 real estate including the amount of each and the holder

HB4697- 433 -LRB103 35722 RLC 65802 b
1 thereof;
2 (3) The market value of the unencumbered equity owned
3 by the affiant;
4 (4) A statement that the affiant is the sole owner of
5 such unencumbered equity and that it is not exempt from
6 the enforcement of a judgment thereon;
7 (5) A statement that the real estate has not
8 previously been used or accepted as bail in this State
9 during the 12 months preceding the date of the bail bond;
10 and
11 (6) A statement that the real estate is security for
12 the appearance of the accused in accordance with the
13 conditions of the bail bond.
14 (d) The sworn schedule shall constitute a material part of
15the bail bond. The affiant commits perjury if in the sworn
16schedule he makes a false statement which he does not believe
17to be true. He shall be prosecuted and punished accordingly,
18or, he may be punished for contempt.
19 (e) A certified copy of the bail bond and schedule of real
20estate shall be filed immediately in the office of the
21registrar of titles or recorder of the county in which the real
22estate is situated and the State shall have a lien on such real
23estate from the time such copies are filed in the office of the
24registrar of titles or recorder. The registrar of titles or
25recorder shall enter, index and record (or register as the
26case may be) such bail bonds and schedules without requiring

HB4697- 434 -LRB103 35722 RLC 65802 b
1any advance fee, which fee shall be taxed as costs in the
2proceeding and paid out of such costs when collected.
3 (f) When the conditions of the bail bond have been
4performed and the accused has been discharged from his
5obligations in the cause, the clerk of the court shall return
6to him or his sureties the deposit of any cash, stocks or
7bonds. If the bail bond has been secured by real estate the
8clerk of the court shall forthwith notify in writing the
9registrar of titles or recorder and the lien of the bail bond
10on the real estate shall be discharged.
11 (g) If the accused does not comply with the conditions of
12the bail bond the court having jurisdiction shall enter an
13order declaring the bail to be forfeited. Notice of such order
14of forfeiture shall be mailed forthwith by the clerk of the
15court to the accused and his sureties at their last known
16address. If the accused does not appear and surrender to the
17court having jurisdiction within 30 days from the date of the
18forfeiture or within such period satisfy the court that
19appearance and surrender by the accused is impossible and
20without his fault the court shall enter judgment for the State
21against the accused and his sureties for the amount of the bail
22and costs of the proceedings; however, in counties with a
23population of less than 3,000,000, if the defendant has posted
24a cash bond, instead of the court entering a judgment for the
25full amount of the bond the court may, in its discretion, enter
26judgment for the cash deposit on the bond, less costs, retain

HB4697- 435 -LRB103 35722 RLC 65802 b
1the deposit for further disposition or, if a cash bond was
2posted for failure to appear in a matter involving enforcement
3of child support or maintenance, the amount of the cash
4deposit on the bond, less outstanding costs, may be awarded to
5the person or entity to whom the child support or maintenance
6is due.
7 (h) When judgment is entered in favor of the State on any
8bail bond given for a felony or misdemeanor, or judgment for a
9political subdivision of the state on any bail bond given for a
10quasi-criminal or traffic offense, the State's Attorney or
11political subdivision's attorney shall forthwith obtain a
12certified copy of the judgment and deliver same to the sheriff
13to be enforced by levy on the stocks or bonds deposited with
14the clerk of the court and the real estate described in the
15bail bond schedule. Any cash forfeited under subsection (g) of
16this Section shall be used to satisfy the judgment and costs
17and, without necessity of levy, ordered paid into the treasury
18of the municipal corporation wherein the bail bond was taken
19if the offense was a violation of any penal ordinance of a
20political subdivision of this State, or into the treasury of
21the county wherein the bail bond was taken if the offense was a
22violation of any penal statute of this State, or to the person
23or entity to whom child support or maintenance is owed if the
24bond was taken for failure to appear in a matter involving
25child support or maintenance. The stocks, bonds and real
26estate shall be sold in the same manner as in sales for the

HB4697- 436 -LRB103 35722 RLC 65802 b
1enforcement of a judgment in civil actions and the proceeds of
2such sale shall be used to satisfy all court costs, prior
3encumbrances, if any, and from the balance a sufficient amount
4to satisfy the judgment shall be paid into the treasury of the
5municipal corporation wherein the bail bond was taken if the
6offense was a violation of any penal ordinance of a political
7subdivision of this State, or into the treasury of the county
8wherein the bail bond was taken if the offense was a violation
9of any penal statute of this State. The balance shall be
10returned to the owner. The real estate so sold may be redeemed
11in the same manner as real estate may be redeemed after
12judicial sales or sales for the enforcement of judgments in
13civil actions.
14 (i) No stocks, bonds or real estate may be used or accepted
15as bail bond security in this State more than once in any 12
16month period.
17 (725 ILCS 5/110-9.1 new)
18 Sec. 110-9.1. Taking of bail by peace officer. When bail
19has been set by a judicial officer for a particular offense or
20offender any sheriff or other peace officer may take bail in
21accordance with the provisions of Section 110-7.1 or 110-8.1
22of this Code and release the offender to appear in accordance
23with the conditions of the bail bond, the Notice to Appear or
24the Summons. The officer shall give a receipt to the offender
25for the bail so taken and within a reasonable time deposit such

HB4697- 437 -LRB103 35722 RLC 65802 b
1bail with the clerk of the court having jurisdiction of the
2offense. A sheriff or other peace officer taking bail in
3accordance with the provisions of Section 110-7.1 or 110-8.1
4of this Code shall accept payments made in the form of
5currency, and may accept other forms of payment as the sheriff
6shall by rule authorize. For purposes of this Section,
7"currency" has the meaning provided in subsection (a) of
8Section 3 of the Currency Reporting Act.
9 (725 ILCS 5/110-13.1 new)
10 Sec. 110-13.1. Persons prohibited from furnishing bail
11security. No attorney at law practicing in this State and no
12official authorized to admit another to bail or to accept bail
13shall furnish any part of any security for bail in any criminal
14action or any proceeding nor shall any such person act as
15surety for any accused admitted to bail.
16 (725 ILCS 5/110-14.1 new)
17 Sec. 110-14.1. Credit for incarceration on bailable
18offense; credit against monetary bail for certain offenses.
19 (a) Any person incarcerated on a bailable offense who does
20not supply bail and against whom a fine is levied on conviction
21of the offense shall be allowed a credit of $30 for each day so
22incarcerated upon application of the defendant. However, in no
23case shall the amount so allowed or credited exceed the amount
24of the fine.

HB4697- 438 -LRB103 35722 RLC 65802 b
1 (b) Subsection (a) does not apply to a person incarcerated
2for sexual assault as defined in paragraph (1) of subsection
3(a) of Section 5-9-1.7 of the Unified Code of Corrections.
4 (c) A person subject to bail on a Category B offense,
5before January 1, 2023, shall have $30 deducted from his or her
610% cash bond amount every day the person is incarcerated. The
7sheriff shall calculate and apply this $30 per day reduction
8and send notice to the circuit clerk if a defendant's 10% cash
9bond amount is reduced to $0, at which point the defendant
10shall be released upon his or her own recognizance.
11 (d) The court may deny the incarceration credit in
12subsection (c) of this Section if the person has failed to
13appear as required before the court and is incarcerated based
14on a warrant for failure to appear on the same original
15criminal offense.
16 (725 ILCS 5/110-15.1 new)
17 Sec. 110-15.1. Applicability of provisions for giving and
18taking bail. The provisions of Sections 110-7.1 and 110-8.1 of
19this Code are exclusive of other provisions of law for the
20giving, taking, or enforcement of bail. In all cases where a
21person is admitted to bail the provisions of Sections 110-7.1
22and 110-8.1 of this Code shall be applicable.
23 However, the Supreme Court may, by rule or order,
24prescribe a uniform schedule of amounts of bail in all but
25felony offenses. The uniform schedule shall not require a

HB4697- 439 -LRB103 35722 RLC 65802 b
1person cited for violating the Illinois Vehicle Code or a
2similar provision of a local ordinance for which a violation
3is a petty offense as defined by Section 5-1-17 of the Unified
4Code of Corrections, excluding business offenses as defined by
5Section 5-1-2 of the Unified Code of Corrections or a
6violation of Section 15-111 or subsection (d) of Section 3-401
7of the Illinois Vehicle Code, to post bond to secure bail for
8his or her release. Such uniform schedule may provide that the
9cash deposit provisions of Section 110-7.1 shall not apply to
10bail amounts established for alleged violations punishable by
11fine alone, and the schedule may further provide that in
12specified traffic cases a valid Illinois chauffeur's or
13operator's license must be deposited, in addition to 10% of
14the amount of the bail specified in the schedule.
15 (725 ILCS 5/110-16.1 new)
16 Sec. 110-16.1. Bail bond-forfeiture in same case or
17absents self during trial-not bailable. If a person admitted
18to bail on a felony charge forfeits his bond and fails to
19appear in court during the 30 days immediately after such
20forfeiture, on being taken into custody thereafter he shall
21not be bailable in the case in question, unless the court finds
22that his absence was not for the purpose of obstructing
23justice or avoiding prosecution.
24 (725 ILCS 5/110-17.1 new)

HB4697- 440 -LRB103 35722 RLC 65802 b
1 Sec. 110-17.1. Unclaimed bail deposits. Any sum of money
2deposited by any person to secure his or her release from
3custody which remains unclaimed by the person entitled to its
4return for 3 years after the conditions of the bail bond have
5been performed and the accused has been discharged from all
6obligations in the cause shall be presumed to be abandoned and
7subject to disposition under the Revised Uniform Unclaimed
8Property Act.
9 (725 ILCS 5/110-18.1 new)
10 Sec. 110-18.1. Reimbursement. The sheriff of each county
11shall certify to the treasurer of each county the number of
12days that persons had been detained in the custody of the
13sheriff without a bond being set as a result of an order
14entered pursuant to Section 110-6.1 of this Code. The county
15treasurer shall, no later than January 1, annually certify to
16the Supreme Court the number of days that persons had been
17detained without bond during the twelve-month period ending
18November 30. The Supreme Court shall reimburse, from funds
19appropriated to it by the General Assembly for such purposes,
20the treasurer of each county an amount of money for deposit in
21the county general revenue fund at a rate of $50 per day for
22each day that persons were detained in custody without bail as
23a result of an order entered pursuant to Section 110-6.1 of
24this Code.

HB4697- 441 -LRB103 35722 RLC 65802 b
1 (725 ILCS 5/Art. 110B heading new)
2
ARTICLE 110B. PEACE BONDS
3 (725 ILCS 5/110B-5 new)
4 Sec. 110B-5. Courts as conservators of the peace. All
5courts are conservators of the peace, shall cause to be kept
6all laws made for the preservation of the peace, and may
7require persons to give security to keep the peace or for their
8good behavior, or both, as provided by this Article.
9 (725 ILCS 5/110B-10 new)
10 Sec. 110B-10. Complaints. When complaint is made to a
11judge that a person has threatened or is about to commit an
12offense against the person or property of another, the court
13shall examine on oath the complaint, and any witness who may be
14produced, and reduce the complaint to writing, and cause it to
15be subscribed and sworn to by the complainant.
16 The complaint may be issued electronically or
17electromagnetically by use of a facsimile transmission
18machine, and that complaint has the same validity as a written
19complaint.
20 (725 ILCS 5/110B-15 new)
21 Sec. 110B-15. Warrants. If the court is satisfied that
22there is danger that an offense will be committed, the court
23shall issue a warrant requiring the proper officer to whom it

HB4697- 442 -LRB103 35722 RLC 65802 b
1is directed forthwith to apprehend the person complained of
2and bring him or her before the court having jurisdiction in
3the premises.
4 The warrant may be issued electronically or
5electromagnetically by use of a facsimile transmission
6machine, and that warrant has the same validity as a written
7warrant.
8 (725 ILCS 5/110B-20 new)
9 Sec. 110B-20. Hearing. When the person complained of is
10brought before the court if the charge is controverted, the
11testimony produced on behalf of the plaintiff and defendant
12shall be heard.
13 (725 ILCS 5/110B-25 new)
14 Sec. 110B-25. Malicious prosecution; costs. If it appears
15that there is no just reason to fear the commission of the
16offense, the defendant shall be discharged. If the court is of
17the opinion that the prosecution was commenced maliciously
18without probable cause, the court may enter judgment against
19the complainant for the costs of the prosecution.
20 (725 ILCS 5/110B-30 new)
21 Sec. 110B-30. Recognizance. If there is just reason to
22fear the commission of an offense, the defendant shall be
23required to give a recognizance, with sufficient security, in

HB4697- 443 -LRB103 35722 RLC 65802 b
1the sum as the court may direct, to keep the peace towards all
2people of this State, and especially towards the person
3against whom or whose property there is reason to fear the
4offense may be committed, for such time, not exceeding 12
5months, as the court may order. But he or she shall not be
6bound over to the next court unless he or she is also charged
7with some other offense for which he or she ought to be held to
8answer at the court.
9 (725 ILCS 5/110B-35 new)
10 Sec. 110B-35. Refusal to give recognizance. If the person
11so ordered to recognize complies with the order, he or she
12shall be discharged; but if he or she refuses or neglects, the
13court shall commit him or her to jail during the period for
14which he or she was required to give security, or until he or
15she so recognizes, stating in the warrant the cause of
16commitment, with the sum and time for which the security was
17required.
18 (725 ILCS 5/110B-40 new)
19 Sec. 110B-40. Costs of prosecution. When a person is
20required to give security to keep the peace, or for his or her
21good behavior, the court may further order that the costs of
22the prosecution, or any part of the costs, shall be paid by
23that person, who shall stand committed until the costs are
24paid or he or she is otherwise legally discharged.

HB4697- 444 -LRB103 35722 RLC 65802 b
1 (725 ILCS 5/110B-45 new)
2 Sec. 110B-45. Discharge upon giving recognizance. A person
3committed for not finding sureties, or refusing to recognize
4as required by the court, may be discharged on giving the
5security as was required.
6 (725 ILCS 5/110B-50 new)
7 Sec. 110B-50. Filing of recognizance; breach of condition.
8Every recognizance taken in accordance with the foregoing
9provisions shall be filed of record by the clerk and upon a
10breach of the condition the same shall be prosecuted by the
11State's Attorney.
12 (725 ILCS 5/110B-55 new)
13 Sec. 110B-55. Conviction not needed. In proceeding upon a
14recognizance it is not necessary to show a conviction of the
15defendant of an offense against the person or property of
16another.
17 (725 ILCS 5/110B-60 new)
18 Sec. 110B-60. Threat made in court. A person who, in the
19presence of a court, commits or threatens to commit an offense
20against the person or property of another, may be ordered,
21without process, to enter into a recognizance to keep the
22peace for a period not exceeding 12 months, and in case of

HB4697- 445 -LRB103 35722 RLC 65802 b
1refusal be committed as in other cases.
2 (725 ILCS 5/110B-65 new)
3 Sec. 110B-65. Remitting recognizance. When, upon an action
4brought upon a recognizance, the penalty for the action is
5adjudged forfeited, the court may, on the petition of a
6defendant, remit the portion of it as the circumstances of the
7case render just and reasonable.
8 (725 ILCS 5/110B-70 new)
9 Sec. 110B-70. Surrender of principal. The sureties of a
10person bound to keep the peace may, at any time, surrender
11their principal to the sheriff of the county in which the
12principal was bound, under the same rules and regulations
13governing the surrender of the principal in other criminal
14cases.
15 (725 ILCS 5/110B-75 new)
16 Sec. 110B-75. New recognizance. The person so surrendered
17may recognize anew, with sufficient sureties, before a court,
18for the residue of the time, and shall thereupon be
19discharged.
20 (725 ILCS 5/110B-80 new)
21 Sec. 110B-80. Amended complaint. No proceeding to prevent
22a breach of the peace shall be dismissed on account of any

HB4697- 446 -LRB103 35722 RLC 65802 b
1informality or insufficiency in the complaint, or any process
2or proceeding, but the complaint may be amended, by order of
3the court, to conform to the facts in the case.
4 Section 270. The Firearm Seizure Act is amended by
5changing Section 4 as follows:
6 (725 ILCS 165/4) (from Ch. 38, par. 161-4)
7 Sec. 4. In lieu of requiring the surrender of any firearm,
8the court may require the defendant to give a recognizance as
9provided in Article 110B 110A of the Code of Criminal
10Procedure of 1963.
11(Source: P.A. 96-328, eff. 8-11-09.)
12 Section 275. The Rights of Crime Victims and Witnesses Act
13is amended by changing Sections 3, 4 and 4.5 as follows:
14 (725 ILCS 120/3) (from Ch. 38, par. 1403)
15 Sec. 3. The terms used in this Act shall have the following
16meanings:
17 (a) "Crime victim" or "victim" means: (1) any natural
18person determined by the prosecutor or the court to have
19suffered direct physical or psychological harm as a result of
20a violent crime perpetrated or attempted against that person
21or direct physical or psychological harm as a result of (i) a
22violation of Section 11-501 of the Illinois Vehicle Code or

HB4697- 447 -LRB103 35722 RLC 65802 b
1similar provision of a local ordinance or (ii) a violation of
2Section 9-3 of the Criminal Code of 1961 or the Criminal Code
3of 2012; (2) in the case of a crime victim who is under 18
4years of age or an adult victim who is incompetent or
5incapacitated, both parents, legal guardians, foster parents,
6or a single adult representative; (3) in the case of an adult
7deceased victim, 2 representatives who may be the spouse,
8parent, child or sibling of the victim, or the representative
9of the victim's estate; and (4) an immediate family member of a
10victim under clause (1) of this paragraph (a) chosen by the
11victim. If the victim is 18 years of age or over, the victim
12may choose any person to be the victim's representative. In no
13event shall the defendant or any person who aided and abetted
14in the commission of the crime be considered a victim, a crime
15victim, or a representative of the victim.
16 A board, agency, or other governmental entity making
17decisions regarding an offender's release, sentence reduction,
18or clemency can determine additional persons are victims for
19the purpose of its proceedings.
20 (a-3) "Advocate" means a person whose communications with
21the victim are privileged under Section 8-802.1 or 8-802.2 of
22the Code of Civil Procedure, or Section 227 of the Illinois
23Domestic Violence Act of 1986.
24 (a-5) "Confer" means to consult together, share
25information, compare opinions and carry on a discussion or
26deliberation.

HB4697- 448 -LRB103 35722 RLC 65802 b
1 (a-7) "Sentence" includes, but is not limited to, the
2imposition of sentence, a request for a reduction in sentence,
3parole, mandatory supervised release, aftercare release, early
4release, inpatient treatment, outpatient treatment,
5conditional release after a finding that the defendant is not
6guilty by reason of insanity, clemency, or a proposal that
7would reduce the defendant's sentence or result in the
8defendant's release. "Early release" refers to a discretionary
9release.
10 (a-9) "Sentencing" includes, but is not limited to, the
11imposition of sentence and a request for a reduction in
12sentence, parole, mandatory supervised release, aftercare
13release, early release, consideration of inpatient treatment
14or outpatient treatment, or conditional release after a
15finding that the defendant is not guilty by reason of
16insanity.
17 (a-10) "Status hearing" means a hearing designed to
18provide information to the court, at which no motion of a
19substantive nature and no constitutional or statutory right of
20a crime victim is implicated or at issue.
21 (b) "Witness" means: any person who personally observed
22the commission of a crime and who will testify on behalf of the
23State of Illinois; or a person who will be called by the
24prosecution to give testimony establishing a necessary nexus
25between the offender and the violent crime.
26 (c) "Violent crime" means: (1) any felony in which force

HB4697- 449 -LRB103 35722 RLC 65802 b
1or threat of force was used against the victim; (2) any offense
2involving sexual exploitation, sexual conduct, or sexual
3penetration; (3) a violation of Section 11-20.1, 11-20.1B,
411-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
5Criminal Code of 2012; (4) domestic battery or stalking; (5)
6violation of an order of protection, a civil no contact order,
7or a stalking no contact order; (6) any misdemeanor which
8results in death or great bodily harm to the victim; or (7) any
9violation of Section 9-3 of the Criminal Code of 1961 or the
10Criminal Code of 2012, or Section 11-501 of the Illinois
11Vehicle Code, or a similar provision of a local ordinance, if
12the violation resulted in personal injury or death. "Violent
13crime" includes any action committed by a juvenile that would
14be a violent crime if committed by an adult. For the purposes
15of this paragraph, "personal injury" shall include any Type A
16injury as indicated on the traffic crash report completed by a
17law enforcement officer that requires immediate professional
18attention in either a doctor's office or medical facility. A
19type A injury shall include severely bleeding wounds,
20distorted extremities, and injuries that require the injured
21party to be carried from the scene.
22 (d) (Blank).
23 (e) "Court proceedings" includes, but is not limited to,
24the preliminary hearing, any post-arraignment hearing the
25effect of which may be the release of the defendant from
26custody or to alter the conditions of bond, change of plea

HB4697- 450 -LRB103 35722 RLC 65802 b
1hearing, the trial, any pretrial or post-trial hearing,
2sentencing, any oral argument or hearing before an Illinois
3appellate court, any hearing under the Mental Health and
4Developmental Disabilities Code or Section 5-2-4 of the
5Unified Code of Corrections after a finding that the defendant
6is not guilty by reason of insanity, including a hearing for
7conditional release, any hearing related to a modification of
8sentence, probation revocation hearing, aftercare release or
9parole hearings, post-conviction relief proceedings, habeas
10corpus proceedings and clemency proceedings related to the
11defendant's conviction or sentence. For purposes of the
12victim's right to be present, "court proceedings" does not
13include (1) hearings under Section 109-1 of the Code of
14Criminal Procedure of 1963, (2) grand jury proceedings, (2)
15(3) status hearings, or (3) (4) the issuance of an order or
16decision of an Illinois court that dismisses a charge,
17reverses a conviction, reduces a sentence, or releases an
18offender under a court rule.
19 (f) "Concerned citizen" includes relatives of the victim,
20friends of the victim, witnesses to the crime, or any other
21person associated with the victim or prisoner.
22 (g) "Victim's attorney" means an attorney retained by the
23victim for the purposes of asserting the victim's
24constitutional and statutory rights. An attorney retained by
25the victim means an attorney who is hired to represent the
26victim at the victim's expense or an attorney who has agreed to

HB4697- 451 -LRB103 35722 RLC 65802 b
1provide pro bono representation. Nothing in this statute
2creates a right to counsel at public expense for a victim.
3 (h) "Support person" means a person chosen by a victim to
4be present at court proceedings.
5(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
6 (725 ILCS 120/4) (from Ch. 38, par. 1404)
7 Sec. 4. Rights of crime victims.
8 (a) Crime victims shall have the following rights:
9 (1) The right to be treated with fairness and respect
10 for their dignity and privacy and to be free from
11 harassment, intimidation, and abuse throughout the
12 criminal justice process.
13 (1.5) The right to notice and to a hearing before a
14 court ruling on a request for access to any of the victim's
15 records, information, or communications which are
16 privileged or confidential by law.
17 (2) The right to timely notification of all court
18 proceedings.
19 (3) The right to communicate with the prosecution.
20 (4) The right to be heard at any post-arraignment
21 court proceeding in which a right of the victim is at issue
22 and any court proceeding involving a post-arraignment
23 release decision, plea, or sentencing.
24 (5) The right to be notified of the conviction, the
25 sentence, the imprisonment and the release of the accused.

HB4697- 452 -LRB103 35722 RLC 65802 b
1 (6) The right to the timely disposition of the case
2 following the arrest of the accused.
3 (7) The right to be reasonably protected from the
4 accused through the criminal justice process.
5 (7.5) The right to have the safety of the victim and
6 the victim's family considered in denying or fixing the
7 amount of bail, determining whether to release the
8 defendant, and setting conditions of release after arrest
9 and conviction.
10 (8) The right to be present at the trial and all other
11 court proceedings on the same basis as the accused, unless
12 the victim is to testify and the court determines that the
13 victim's testimony would be materially affected if the
14 victim hears other testimony at the trial.
15 (9) The right to have present at all court
16 proceedings, including proceedings under the Juvenile
17 Court Act of 1987, subject to the rules of evidence, an
18 advocate and other support person of the victim's choice.
19 (10) The right to restitution.
20 (b) Any law enforcement agency that investigates an
21offense committed in this State shall provide a crime victim
22with a written statement and explanation of the rights of
23crime victims under this amendatory Act of the 99th General
24Assembly within 48 hours of law enforcement's initial contact
25with a victim. The statement shall include information about
26crime victim compensation, including how to contact the Office

HB4697- 453 -LRB103 35722 RLC 65802 b
1of the Illinois Attorney General to file a claim, and
2appropriate referrals to local and State programs that provide
3victim services. The content of the statement shall be
4provided to law enforcement by the Attorney General. Law
5enforcement shall also provide a crime victim with a sign-off
6sheet that the victim shall sign and date as an
7acknowledgement that he or she has been furnished with
8information and an explanation of the rights of crime victims
9and compensation set forth in this Act.
10 (b-5) Upon the request of the victim, the law enforcement
11agency having jurisdiction shall provide a free copy of the
12police report concerning the victim's incident, as soon as
13practicable, but in no event later than 5 business days from
14the request.
15 (c) The Clerk of the Circuit Court shall post the rights of
16crime victims set forth in Article I, Section 8.1(a) of the
17Illinois Constitution and subsection (a) of this Section
18within 3 feet of the door to any courtroom where criminal
19proceedings are conducted. The clerk may also post the rights
20in other locations in the courthouse.
21 (d) At any point, the victim has the right to retain a
22victim's attorney who may be present during all stages of any
23interview, investigation, or other interaction with
24representatives of the criminal justice system. Treatment of
25the victim should not be affected or altered in any way as a
26result of the victim's decision to exercise this right.

HB4697- 454 -LRB103 35722 RLC 65802 b
1(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
2 (725 ILCS 120/4.5)
3 Sec. 4.5. Procedures to implement the rights of crime
4victims. To afford crime victims their rights, law
5enforcement, prosecutors, judges, and corrections will provide
6information, as appropriate, of the following procedures:
7 (a) At the request of the crime victim, law enforcement
8authorities investigating the case shall provide notice of the
9status of the investigation, except where the State's Attorney
10determines that disclosure of such information would
11unreasonably interfere with the investigation, until such time
12as the alleged assailant is apprehended or the investigation
13is closed.
14 (a-5) When law enforcement authorities reopen a closed
15case to resume investigating, they shall provide notice of the
16reopening of the case, except where the State's Attorney
17determines that disclosure of such information would
18unreasonably interfere with the investigation.
19 (b) The office of the State's Attorney:
20 (1) shall provide notice of the filing of an
21 information, the return of an indictment, or the filing of
22 a petition to adjudicate a minor as a delinquent for a
23 violent crime;
24 (2) shall provide timely notice of the date, time, and
25 place of court proceedings; of any change in the date,

HB4697- 455 -LRB103 35722 RLC 65802 b
1 time, and place of court proceedings; and of any
2 cancellation of court proceedings. Notice shall be
3 provided in sufficient time, wherever possible, for the
4 victim to make arrangements to attend or to prevent an
5 unnecessary appearance at court proceedings;
6 (3) or victim advocate personnel shall provide
7 information of social services and financial assistance
8 available for victims of crime, including information of
9 how to apply for these services and assistance;
10 (3.5) or victim advocate personnel shall provide
11 information about available victim services, including
12 referrals to programs, counselors, and agencies that
13 assist a victim to deal with trauma, loss, and grief;
14 (4) shall assist in having any stolen or other
15 personal property held by law enforcement authorities for
16 evidentiary or other purposes returned as expeditiously as
17 possible, pursuant to the procedures set out in Section
18 115-9 of the Code of Criminal Procedure of 1963;
19 (5) or victim advocate personnel shall provide
20 appropriate employer intercession services to ensure that
21 employers of victims will cooperate with the criminal
22 justice system in order to minimize an employee's loss of
23 pay and other benefits resulting from court appearances;
24 (6) shall provide, whenever possible, a secure waiting
25 area during court proceedings that does not require
26 victims to be in close proximity to defendants or

HB4697- 456 -LRB103 35722 RLC 65802 b
1 juveniles accused of a violent crime, and their families
2 and friends;
3 (7) shall provide notice to the crime victim of the
4 right to have a translator present at all court
5 proceedings and, in compliance with the federal Americans
6 with Disabilities Act of 1990, the right to communications
7 access through a sign language interpreter or by other
8 means;
9 (8) (blank);
10 (8.5) shall inform the victim of the right to be
11 present at all court proceedings, unless the victim is to
12 testify and the court determines that the victim's
13 testimony would be materially affected if the victim hears
14 other testimony at trial;
15 (9) shall inform the victim of the right to have
16 present at all court proceedings, subject to the rules of
17 evidence and confidentiality, an advocate and other
18 support person of the victim's choice;
19 (9.3) shall inform the victim of the right to retain
20 an attorney, at the victim's own expense, who, upon
21 written notice filed with the clerk of the court and
22 State's Attorney, is to receive copies of all notices,
23 motions, and court orders filed thereafter in the case, in
24 the same manner as if the victim were a named party in the
25 case;
26 (9.5) shall inform the victim of (A) the victim's

HB4697- 457 -LRB103 35722 RLC 65802 b
1 right under Section 6 of this Act to make a statement at
2 the sentencing hearing; (B) the right of the victim's
3 spouse, guardian, parent, grandparent, and other immediate
4 family and household members under Section 6 of this Act
5 to present a statement at sentencing; and (C) if a
6 presentence report is to be prepared, the right of the
7 victim's spouse, guardian, parent, grandparent, and other
8 immediate family and household members to submit
9 information to the preparer of the presentence report
10 about the effect the offense has had on the victim and the
11 person;
12 (10) at the sentencing shall make a good faith attempt
13 to explain the minimum amount of time during which the
14 defendant may actually be physically imprisoned. The
15 Office of the State's Attorney shall further notify the
16 crime victim of the right to request from the Prisoner
17 Review Board or Department of Juvenile Justice information
18 concerning the release of the defendant;
19 (11) shall request restitution at sentencing and as
20 part of a plea agreement if the victim requests
21 restitution;
22 (12) shall, upon the court entering a verdict of not
23 guilty by reason of insanity, inform the victim of the
24 notification services available from the Department of
25 Human Services, including the statewide telephone number,
26 under subparagraph (d)(2) of this Section;

HB4697- 458 -LRB103 35722 RLC 65802 b
1 (13) shall provide notice within a reasonable time
2 after receipt of notice from the custodian, of the release
3 of the defendant on pretrial release bail or personal
4 recognizance or the release from detention of a minor who
5 has been detained;
6 (14) shall explain in nontechnical language the
7 details of any plea or verdict of a defendant, or any
8 adjudication of a juvenile as a delinquent;
9 (15) shall make all reasonable efforts to consult with
10 the crime victim before the Office of the State's Attorney
11 makes an offer of a plea bargain to the defendant or enters
12 into negotiations with the defendant concerning a possible
13 plea agreement, and shall consider the written statement,
14 if prepared prior to entering into a plea agreement. The
15 right to consult with the prosecutor does not include the
16 right to veto a plea agreement or to insist the case go to
17 trial. If the State's Attorney has not consulted with the
18 victim prior to making an offer or entering into plea
19 negotiations with the defendant, the Office of the State's
20 Attorney shall notify the victim of the offer or the
21 negotiations within 2 business days and confer with the
22 victim;
23 (16) shall provide notice of the ultimate disposition
24 of the cases arising from an indictment or an information,
25 or a petition to have a juvenile adjudicated as a
26 delinquent for a violent crime;

HB4697- 459 -LRB103 35722 RLC 65802 b
1 (17) shall provide notice of any appeal taken by the
2 defendant and information on how to contact the
3 appropriate agency handling the appeal, and how to request
4 notice of any hearing, oral argument, or decision of an
5 appellate court;
6 (18) shall provide timely notice of any request for
7 post-conviction review filed by the defendant under
8 Article 122 of the Code of Criminal Procedure of 1963, and
9 of the date, time and place of any hearing concerning the
10 petition. Whenever possible, notice of the hearing shall
11 be given within 48 hours of the court's scheduling of the
12 hearing;
13 (19) shall forward a copy of any statement presented
14 under Section 6 to the Prisoner Review Board or Department
15 of Juvenile Justice to be considered in making a
16 determination under Section 3-2.5-85 or subsection (b) of
17 Section 3-3-8 of the Unified Code of Corrections;
18 (20) shall, within a reasonable time, offer to meet
19 with the crime victim regarding the decision of the
20 State's Attorney not to charge an offense, and shall meet
21 with the victim, if the victim agrees. The victim has a
22 right to have an attorney, advocate, and other support
23 person of the victim's choice attend this meeting with the
24 victim; and
25 (21) shall give the crime victim timely notice of any
26 decision not to pursue charges and consider the safety of

HB4697- 460 -LRB103 35722 RLC 65802 b
1 the victim when deciding how to give such notice.
2 (c) The court shall ensure that the rights of the victim
3are afforded.
4 (c-5) The following procedures shall be followed to afford
5victims the rights guaranteed by Article I, Section 8.1 of the
6Illinois Constitution:
7 (1) Written notice. A victim may complete a written
8 notice of intent to assert rights on a form prepared by the
9 Office of the Attorney General and provided to the victim
10 by the State's Attorney. The victim may at any time
11 provide a revised written notice to the State's Attorney.
12 The State's Attorney shall file the written notice with
13 the court. At the beginning of any court proceeding in
14 which the right of a victim may be at issue, the court and
15 prosecutor shall review the written notice to determine
16 whether the victim has asserted the right that may be at
17 issue.
18 (2) Victim's retained attorney. A victim's attorney
19 shall file an entry of appearance limited to assertion of
20 the victim's rights. Upon the filing of the entry of
21 appearance and service on the State's Attorney and the
22 defendant, the attorney is to receive copies of all
23 notices, motions and court orders filed thereafter in the
24 case.
25 (3) Standing. The victim has standing to assert the
26 rights enumerated in subsection (a) of Article I, Section

HB4697- 461 -LRB103 35722 RLC 65802 b
1 8.1 of the Illinois Constitution and the statutory rights
2 under Section 4 of this Act in any court exercising
3 jurisdiction over the criminal case. The prosecuting
4 attorney, a victim, or the victim's retained attorney may
5 assert the victim's rights. The defendant in the criminal
6 case has no standing to assert a right of the victim in any
7 court proceeding, including on appeal.
8 (4) Assertion of and enforcement of rights.
9 (A) The prosecuting attorney shall assert a
10 victim's right or request enforcement of a right by
11 filing a motion or by orally asserting the right or
12 requesting enforcement in open court in the criminal
13 case outside the presence of the jury. The prosecuting
14 attorney shall consult with the victim and the
15 victim's attorney regarding the assertion or
16 enforcement of a right. If the prosecuting attorney
17 decides not to assert or enforce a victim's right, the
18 prosecuting attorney shall notify the victim or the
19 victim's attorney in sufficient time to allow the
20 victim or the victim's attorney to assert the right or
21 to seek enforcement of a right.
22 (B) If the prosecuting attorney elects not to
23 assert a victim's right or to seek enforcement of a
24 right, the victim or the victim's attorney may assert
25 the victim's right or request enforcement of a right
26 by filing a motion or by orally asserting the right or

HB4697- 462 -LRB103 35722 RLC 65802 b
1 requesting enforcement in open court in the criminal
2 case outside the presence of the jury.
3 (C) If the prosecuting attorney asserts a victim's
4 right or seeks enforcement of a right, unless the
5 prosecuting attorney objects or the trial court does
6 not allow it, the victim or the victim's attorney may
7 be heard regarding the prosecuting attorney's motion
8 or may file a simultaneous motion to assert or request
9 enforcement of the victim's right. If the victim or
10 the victim's attorney was not allowed to be heard at
11 the hearing regarding the prosecuting attorney's
12 motion, and the court denies the prosecuting
13 attorney's assertion of the right or denies the
14 request for enforcement of a right, the victim or
15 victim's attorney may file a motion to assert the
16 victim's right or to request enforcement of the right
17 within 10 days of the court's ruling. The motion need
18 not demonstrate the grounds for a motion for
19 reconsideration. The court shall rule on the merits of
20 the motion.
21 (D) The court shall take up and decide any motion
22 or request asserting or seeking enforcement of a
23 victim's right without delay, unless a specific time
24 period is specified by law or court rule. The reasons
25 for any decision denying the motion or request shall
26 be clearly stated on the record.

HB4697- 463 -LRB103 35722 RLC 65802 b
1 (E) No later than January 1, 2023, the Office of
2 the Attorney General shall:
3 (i) designate an administrative authority
4 within the Office of the Attorney General to
5 receive and investigate complaints relating to the
6 provision or violation of the rights of a crime
7 victim as described in Article I, Section 8.1 of
8 the Illinois Constitution and in this Act;
9 (ii) create and administer a course of
10 training for employees and offices of the State of
11 Illinois that fail to comply with provisions of
12 Illinois law pertaining to the treatment of crime
13 victims as described in Article I, Section 8.1 of
14 the Illinois Constitution and in this Act as
15 required by the court under Section 5 of this Act;
16 and
17 (iii) have the authority to make
18 recommendations to employees and offices of the
19 State of Illinois to respond more effectively to
20 the needs of crime victims, including regarding
21 the violation of the rights of a crime victim.
22 (F) Crime victims' rights may also be asserted by
23 filing a complaint for mandamus, injunctive, or
24 declaratory relief in the jurisdiction in which the
25 victim's right is being violated or where the crime is
26 being prosecuted. For complaints or motions filed by

HB4697- 464 -LRB103 35722 RLC 65802 b
1 or on behalf of the victim, the clerk of court shall
2 waive filing fees that would otherwise be owed by the
3 victim for any court filing with the purpose of
4 enforcing crime victims' rights. If the court denies
5 the relief sought by the victim, the reasons for the
6 denial shall be clearly stated on the record in the
7 transcript of the proceedings, in a written opinion,
8 or in the docket entry, and the victim may appeal the
9 circuit court's decision to the appellate court. The
10 court shall issue prompt rulings regarding victims'
11 rights. Proceedings seeking to enforce victims' rights
12 shall not be stayed or subject to unreasonable delay
13 via continuances.
14 (5) Violation of rights and remedies.
15 (A) If the court determines that a victim's right
16 has been violated, the court shall determine the
17 appropriate remedy for the violation of the victim's
18 right by hearing from the victim and the parties,
19 considering all factors relevant to the issue, and
20 then awarding appropriate relief to the victim.
21 (A-5) Consideration of an issue of a substantive
22 nature or an issue that implicates the constitutional
23 or statutory right of a victim at a court proceeding
24 labeled as a status hearing shall constitute a per se
25 violation of a victim's right.
26 (B) The appropriate remedy shall include only

HB4697- 465 -LRB103 35722 RLC 65802 b
1 actions necessary to provide the victim the right to
2 which the victim was entitled. Remedies may include,
3 but are not limited to: injunctive relief requiring
4 the victim's right to be afforded; declaratory
5 judgment recognizing or clarifying the victim's
6 rights; a writ of mandamus; and may include reopening
7 previously held proceedings; however, in no event
8 shall the court vacate a conviction. Any remedy shall
9 be tailored to provide the victim an appropriate
10 remedy without violating any constitutional right of
11 the defendant. In no event shall the appropriate
12 remedy to the victim be a new trial or damages.
13 The court shall impose a mandatory training course
14 provided by the Attorney General for the employee under
15 item (ii) of subparagraph (E) of paragraph (4), which must
16 be successfully completed within 6 months of the entry of
17 the court order.
18 This paragraph (5) takes effect January 2, 2023.
19 (6) Right to be heard. Whenever a victim has the right
20 to be heard, the court shall allow the victim to exercise
21 the right in any reasonable manner the victim chooses.
22 (7) Right to attend trial. A party must file a written
23 motion to exclude a victim from trial at least 60 days
24 prior to the date set for trial. The motion must state with
25 specificity the reason exclusion is necessary to protect a
26 constitutional right of the party, and must contain an

HB4697- 466 -LRB103 35722 RLC 65802 b
1 offer of proof. The court shall rule on the motion within
2 30 days. If the motion is granted, the court shall set
3 forth on the record the facts that support its finding
4 that the victim's testimony will be materially affected if
5 the victim hears other testimony at trial.
6 (8) Right to have advocate and support person present
7 at court proceedings.
8 (A) A party who intends to call an advocate as a
9 witness at trial must seek permission of the court
10 before the subpoena is issued. The party must file a
11 written motion at least 90 days before trial that sets
12 forth specifically the issues on which the advocate's
13 testimony is sought and an offer of proof regarding
14 (i) the content of the anticipated testimony of the
15 advocate; and (ii) the relevance, admissibility, and
16 materiality of the anticipated testimony. The court
17 shall consider the motion and make findings within 30
18 days of the filing of the motion. If the court finds by
19 a preponderance of the evidence that: (i) the
20 anticipated testimony is not protected by an absolute
21 privilege; and (ii) the anticipated testimony contains
22 relevant, admissible, and material evidence that is
23 not available through other witnesses or evidence, the
24 court shall issue a subpoena requiring the advocate to
25 appear to testify at an in camera hearing. The
26 prosecuting attorney and the victim shall have 15 days

HB4697- 467 -LRB103 35722 RLC 65802 b
1 to seek appellate review before the advocate is
2 required to testify at an ex parte in camera
3 proceeding.
4 The prosecuting attorney, the victim, and the
5 advocate's attorney shall be allowed to be present at
6 the ex parte in camera proceeding. If, after
7 conducting the ex parte in camera hearing, the court
8 determines that due process requires any testimony
9 regarding confidential or privileged information or
10 communications, the court shall provide to the
11 prosecuting attorney, the victim, and the advocate's
12 attorney a written memorandum on the substance of the
13 advocate's testimony. The prosecuting attorney, the
14 victim, and the advocate's attorney shall have 15 days
15 to seek appellate review before a subpoena may be
16 issued for the advocate to testify at trial. The
17 presence of the prosecuting attorney at the ex parte
18 in camera proceeding does not make the substance of
19 the advocate's testimony that the court has ruled
20 inadmissible subject to discovery.
21 (B) If a victim has asserted the right to have a
22 support person present at the court proceedings, the
23 victim shall provide the name of the person the victim
24 has chosen to be the victim's support person to the
25 prosecuting attorney, within 60 days of trial. The
26 prosecuting attorney shall provide the name to the

HB4697- 468 -LRB103 35722 RLC 65802 b
1 defendant. If the defendant intends to call the
2 support person as a witness at trial, the defendant
3 must seek permission of the court before a subpoena is
4 issued. The defendant must file a written motion at
5 least 45 days prior to trial that sets forth
6 specifically the issues on which the support person
7 will testify and an offer of proof regarding: (i) the
8 content of the anticipated testimony of the support
9 person; and (ii) the relevance, admissibility, and
10 materiality of the anticipated testimony.
11 If the prosecuting attorney intends to call the
12 support person as a witness during the State's
13 case-in-chief, the prosecuting attorney shall inform
14 the court of this intent in the response to the
15 defendant's written motion. The victim may choose a
16 different person to be the victim's support person.
17 The court may allow the defendant to inquire about
18 matters outside the scope of the direct examination
19 during cross-examination. If the court allows the
20 defendant to do so, the support person shall be
21 allowed to remain in the courtroom after the support
22 person has testified. A defendant who fails to
23 question the support person about matters outside the
24 scope of direct examination during the State's
25 case-in-chief waives the right to challenge the
26 presence of the support person on appeal. The court

HB4697- 469 -LRB103 35722 RLC 65802 b
1 shall allow the support person to testify if called as
2 a witness in the defendant's case-in-chief or the
3 State's rebuttal.
4 If the court does not allow the defendant to
5 inquire about matters outside the scope of the direct
6 examination, the support person shall be allowed to
7 remain in the courtroom after the support person has
8 been called by the defendant or the defendant has
9 rested. The court shall allow the support person to
10 testify in the State's rebuttal.
11 If the prosecuting attorney does not intend to
12 call the support person in the State's case-in-chief,
13 the court shall verify with the support person whether
14 the support person, if called as a witness, would
15 testify as set forth in the offer of proof. If the
16 court finds that the support person would testify as
17 set forth in the offer of proof, the court shall rule
18 on the relevance, materiality, and admissibility of
19 the anticipated testimony. If the court rules the
20 anticipated testimony is admissible, the court shall
21 issue the subpoena. The support person may remain in
22 the courtroom after the support person testifies and
23 shall be allowed to testify in rebuttal.
24 If the court excludes the victim's support person
25 during the State's case-in-chief, the victim shall be
26 allowed to choose another support person to be present

HB4697- 470 -LRB103 35722 RLC 65802 b
1 in court.
2 If the victim fails to designate a support person
3 within 60 days of trial and the defendant has
4 subpoenaed the support person to testify at trial, the
5 court may exclude the support person from the trial
6 until the support person testifies. If the court
7 excludes the support person the victim may choose
8 another person as a support person.
9 (9) Right to notice and hearing before disclosure of
10 confidential or privileged information or records.
11 (A) A defendant who seeks to subpoena testimony or
12 records of or concerning the victim that are
13 confidential or privileged by law must seek permission
14 of the court before the subpoena is issued. The
15 defendant must file a written motion and an offer of
16 proof regarding the relevance, admissibility and
17 materiality of the testimony or records. If the court
18 finds by a preponderance of the evidence that:
19 (i) the testimony or records are not protected
20 by an absolute privilege and
21 (ii) the testimony or records contain
22 relevant, admissible, and material evidence that
23 is not available through other witnesses or
24 evidence, the court shall issue a subpoena
25 requiring the witness to appear in camera or a
26 sealed copy of the records be delivered to the

HB4697- 471 -LRB103 35722 RLC 65802 b
1 court to be reviewed in camera. If, after
2 conducting an in camera review of the witness
3 statement or records, the court determines that
4 due process requires disclosure of any potential
5 testimony or any portion of the records, the court
6 shall provide copies of the records that it
7 intends to disclose to the prosecuting attorney
8 and the victim. The prosecuting attorney and the
9 victim shall have 30 days to seek appellate review
10 before the records are disclosed to the defendant,
11 used in any court proceeding, or disclosed to
12 anyone or in any way that would subject the
13 testimony or records to public review. The
14 disclosure of copies of any portion of the
15 testimony or records to the prosecuting attorney
16 under this Section does not make the records
17 subject to discovery or required to be provided to
18 the defendant.
19 (B) A prosecuting attorney who seeks to subpoena
20 information or records concerning the victim that are
21 confidential or privileged by law must first request
22 the written consent of the crime victim. If the victim
23 does not provide such written consent, including where
24 necessary the appropriate signed document required for
25 waiving privilege, the prosecuting attorney must serve
26 the subpoena at least 21 days prior to the date a

HB4697- 472 -LRB103 35722 RLC 65802 b
1 response or appearance is required to allow the
2 subject of the subpoena time to file a motion to quash
3 or request a hearing. The prosecuting attorney must
4 also send a written notice to the victim at least 21
5 days prior to the response date to allow the victim to
6 file a motion or request a hearing. The notice to the
7 victim shall inform the victim (i) that a subpoena has
8 been issued for confidential information or records
9 concerning the victim, (ii) that the victim has the
10 right to request a hearing prior to the response date
11 of the subpoena, and (iii) how to request the hearing.
12 The notice to the victim shall also include a copy of
13 the subpoena. If requested, a hearing regarding the
14 subpoena shall occur before information or records are
15 provided to the prosecuting attorney.
16 (10) Right to notice of court proceedings. If the
17 victim is not present at a court proceeding in which a
18 right of the victim is at issue, the court shall ask the
19 prosecuting attorney whether the victim was notified of
20 the time, place, and purpose of the court proceeding and
21 that the victim had a right to be heard at the court
22 proceeding. If the court determines that timely notice was
23 not given or that the victim was not adequately informed
24 of the nature of the court proceeding, the court shall not
25 rule on any substantive issues, accept a plea, or impose a
26 sentence and shall continue the hearing for the time

HB4697- 473 -LRB103 35722 RLC 65802 b
1 necessary to notify the victim of the time, place and
2 nature of the court proceeding. The time between court
3 proceedings shall not be attributable to the State under
4 Section 103-5 of the Code of Criminal Procedure of 1963.
5 (11) Right to timely disposition of the case. A victim
6 has the right to timely disposition of the case so as to
7 minimize the stress, cost, and inconvenience resulting
8 from the victim's involvement in the case. Before ruling
9 on a motion to continue trial or other court proceeding,
10 the court shall inquire into the circumstances for the
11 request for the delay and, if the victim has provided
12 written notice of the assertion of the right to a timely
13 disposition, and whether the victim objects to the delay.
14 If the victim objects, the prosecutor shall inform the
15 court of the victim's objections. If the prosecutor has
16 not conferred with the victim about the continuance, the
17 prosecutor shall inform the court of the attempts to
18 confer. If the court finds the attempts of the prosecutor
19 to confer with the victim were inadequate to protect the
20 victim's right to be heard, the court shall give the
21 prosecutor at least 3 but not more than 5 business days to
22 confer with the victim. In ruling on a motion to continue,
23 the court shall consider the reasons for the requested
24 continuance, the number and length of continuances that
25 have been granted, the victim's objections and procedures
26 to avoid further delays. If a continuance is granted over

HB4697- 474 -LRB103 35722 RLC 65802 b
1 the victim's objection, the court shall specify on the
2 record the reasons for the continuance and the procedures
3 that have been or will be taken to avoid further delays.
4 (12) Right to Restitution.
5 (A) If the victim has asserted the right to
6 restitution and the amount of restitution is known at
7 the time of sentencing, the court shall enter the
8 judgment of restitution at the time of sentencing.
9 (B) If the victim has asserted the right to
10 restitution and the amount of restitution is not known
11 at the time of sentencing, the prosecutor shall,
12 within 5 days after sentencing, notify the victim what
13 information and documentation related to restitution
14 is needed and that the information and documentation
15 must be provided to the prosecutor within 45 days
16 after sentencing. Failure to timely provide
17 information and documentation related to restitution
18 shall be deemed a waiver of the right to restitution.
19 The prosecutor shall file and serve within 60 days
20 after sentencing a proposed judgment for restitution
21 and a notice that includes information concerning the
22 identity of any victims or other persons seeking
23 restitution, whether any victim or other person
24 expressly declines restitution, the nature and amount
25 of any damages together with any supporting
26 documentation, a restitution amount recommendation,

HB4697- 475 -LRB103 35722 RLC 65802 b
1 and the names of any co-defendants and their case
2 numbers. Within 30 days after receipt of the proposed
3 judgment for restitution, the defendant shall file any
4 objection to the proposed judgment, a statement of
5 grounds for the objection, and a financial statement.
6 If the defendant does not file an objection, the court
7 may enter the judgment for restitution without further
8 proceedings. If the defendant files an objection and
9 either party requests a hearing, the court shall
10 schedule a hearing.
11 (13) Access to presentence reports.
12 (A) The victim may request a copy of the
13 presentence report prepared under the Unified Code of
14 Corrections from the State's Attorney. The State's
15 Attorney shall redact the following information before
16 providing a copy of the report:
17 (i) the defendant's mental history and
18 condition;
19 (ii) any evaluation prepared under subsection
20 (b) or (b-5) of Section 5-3-2; and
21 (iii) the name, address, phone number, and
22 other personal information about any other victim.
23 (B) The State's Attorney or the defendant may
24 request the court redact other information in the
25 report that may endanger the safety of any person.
26 (C) The State's Attorney may orally disclose to

HB4697- 476 -LRB103 35722 RLC 65802 b
1 the victim any of the information that has been
2 redacted if there is a reasonable likelihood that the
3 information will be stated in court at the sentencing.
4 (D) The State's Attorney must advise the victim
5 that the victim must maintain the confidentiality of
6 the report and other information. Any dissemination of
7 the report or information that was not stated at a
8 court proceeding constitutes indirect criminal
9 contempt of court.
10 (14) Appellate relief. If the trial court denies the
11 relief requested, the victim, the victim's attorney, or
12 the prosecuting attorney may file an appeal within 30 days
13 of the trial court's ruling. The trial or appellate court
14 may stay the court proceedings if the court finds that a
15 stay would not violate a constitutional right of the
16 defendant. If the appellate court denies the relief
17 sought, the reasons for the denial shall be clearly stated
18 in a written opinion. In any appeal in a criminal case, the
19 State may assert as error the court's denial of any crime
20 victim's right in the proceeding to which the appeal
21 relates.
22 (15) Limitation on appellate relief. In no case shall
23 an appellate court provide a new trial to remedy the
24 violation of a victim's right.
25 (16) The right to be reasonably protected from the
26 accused throughout the criminal justice process and the

HB4697- 477 -LRB103 35722 RLC 65802 b
1 right to have the safety of the victim and the victim's
2 family considered in denying or fixing the amount of bail,
3 determining whether to release the defendant, and setting
4 conditions of release after arrest and conviction. A
5 victim of domestic violence, a sexual offense, or stalking
6 may request the entry of a protective order under Article
7 112A of the Code of Criminal Procedure of 1963.
8 (d) Procedures after the imposition of sentence.
9 (1) The Prisoner Review Board shall inform a victim or
10 any other concerned citizen, upon written request, of the
11 prisoner's release on parole, mandatory supervised
12 release, electronic detention, work release, international
13 transfer or exchange, or by the custodian, other than the
14 Department of Juvenile Justice, of the discharge of any
15 individual who was adjudicated a delinquent for a crime
16 from State custody and by the sheriff of the appropriate
17 county of any such person's final discharge from county
18 custody. The Prisoner Review Board, upon written request,
19 shall provide to a victim or any other concerned citizen a
20 recent photograph of any person convicted of a felony,
21 upon his or her release from custody. The Prisoner Review
22 Board, upon written request, shall inform a victim or any
23 other concerned citizen when feasible at least 7 days
24 prior to the prisoner's release on furlough of the times
25 and dates of such furlough. Upon written request by the
26 victim or any other concerned citizen, the State's

HB4697- 478 -LRB103 35722 RLC 65802 b
1 Attorney shall notify the person once of the times and
2 dates of release of a prisoner sentenced to periodic
3 imprisonment. Notification shall be based on the most
4 recent information as to the victim's or other concerned
5 citizen's residence or other location available to the
6 notifying authority.
7 (2) When the defendant has been committed to the
8 Department of Human Services pursuant to Section 5-2-4 or
9 any other provision of the Unified Code of Corrections,
10 the victim may request to be notified by the releasing
11 authority of the approval by the court of an on-grounds
12 pass, a supervised off-grounds pass, an unsupervised
13 off-grounds pass, or conditional release; the release on
14 an off-grounds pass; the return from an off-grounds pass;
15 transfer to another facility; conditional release; escape;
16 death; or final discharge from State custody. The
17 Department of Human Services shall establish and maintain
18 a statewide telephone number to be used by victims to make
19 notification requests under these provisions and shall
20 publicize this telephone number on its website and to the
21 State's Attorney of each county.
22 (3) In the event of an escape from State custody, the
23 Department of Corrections or the Department of Juvenile
24 Justice immediately shall notify the Prisoner Review Board
25 of the escape and the Prisoner Review Board shall notify
26 the victim. The notification shall be based upon the most

HB4697- 479 -LRB103 35722 RLC 65802 b
1 recent information as to the victim's residence or other
2 location available to the Board. When no such information
3 is available, the Board shall make all reasonable efforts
4 to obtain the information and make the notification. When
5 the escapee is apprehended, the Department of Corrections
6 or the Department of Juvenile Justice immediately shall
7 notify the Prisoner Review Board and the Board shall
8 notify the victim.
9 (4) The victim of the crime for which the prisoner has
10 been sentenced has the right to register with the Prisoner
11 Review Board's victim registry. Victims registered with
12 the Board shall receive reasonable written notice not less
13 than 30 days prior to the parole hearing or target
14 aftercare release date. The victim has the right to submit
15 a victim statement for consideration by the Prisoner
16 Review Board or the Department of Juvenile Justice in
17 writing, on film, videotape, or other electronic means, or
18 in the form of a recording prior to the parole hearing or
19 target aftercare release date, or in person at the parole
20 hearing or aftercare release protest hearing, or by
21 calling the toll-free number established in subsection (f)
22 of this Section. The victim shall be notified within 7
23 days after the prisoner has been granted parole or
24 aftercare release and shall be informed of the right to
25 inspect the registry of parole decisions, established
26 under subsection (g) of Section 3-3-5 of the Unified Code

HB4697- 480 -LRB103 35722 RLC 65802 b
1 of Corrections. The provisions of this paragraph (4) are
2 subject to the Open Parole Hearings Act. Victim statements
3 provided to the Board shall be confidential and
4 privileged, including any statements received prior to
5 January 1, 2020 (the effective date of Public Act
6 101-288), except if the statement was an oral statement
7 made by the victim at a hearing open to the public.
8 (4-1) The crime victim has the right to submit a
9 victim statement for consideration by the Prisoner Review
10 Board or the Department of Juvenile Justice prior to or at
11 a hearing to determine the conditions of mandatory
12 supervised release of a person sentenced to a determinate
13 sentence or at a hearing on revocation of mandatory
14 supervised release of a person sentenced to a determinate
15 sentence. A victim statement may be submitted in writing,
16 on film, videotape, or other electronic means, or in the
17 form of a recording, or orally at a hearing, or by calling
18 the toll-free number established in subsection (f) of this
19 Section. Victim statements provided to the Board shall be
20 confidential and privileged, including any statements
21 received prior to January 1, 2020 (the effective date of
22 Public Act 101-288), except if the statement was an oral
23 statement made by the victim at a hearing open to the
24 public.
25 (4-2) The crime victim has the right to submit a
26 victim statement to the Prisoner Review Board for

HB4697- 481 -LRB103 35722 RLC 65802 b
1 consideration at an executive clemency hearing as provided
2 in Section 3-3-13 of the Unified Code of Corrections. A
3 victim statement may be submitted in writing, on film,
4 videotape, or other electronic means, or in the form of a
5 recording prior to a hearing, or orally at a hearing, or by
6 calling the toll-free number established in subsection (f)
7 of this Section. Victim statements provided to the Board
8 shall be confidential and privileged, including any
9 statements received prior to January 1, 2020 (the
10 effective date of Public Act 101-288), except if the
11 statement was an oral statement made by the victim at a
12 hearing open to the public.
13 (5) If a statement is presented under Section 6, the
14 Prisoner Review Board or Department of Juvenile Justice
15 shall inform the victim of any order of discharge pursuant
16 to Section 3-2.5-85 or 3-3-8 of the Unified Code of
17 Corrections.
18 (6) At the written or oral request of the victim of the
19 crime for which the prisoner was sentenced or the State's
20 Attorney of the county where the person seeking parole or
21 aftercare release was prosecuted, the Prisoner Review
22 Board or Department of Juvenile Justice shall notify the
23 victim and the State's Attorney of the county where the
24 person seeking parole or aftercare release was prosecuted
25 of the death of the prisoner if the prisoner died while on
26 parole or aftercare release or mandatory supervised

HB4697- 482 -LRB103 35722 RLC 65802 b
1 release.
2 (7) When a defendant who has been committed to the
3 Department of Corrections, the Department of Juvenile
4 Justice, or the Department of Human Services is released
5 or discharged and subsequently committed to the Department
6 of Human Services as a sexually violent person and the
7 victim had requested to be notified by the releasing
8 authority of the defendant's discharge, conditional
9 release, death, or escape from State custody, the
10 releasing authority shall provide to the Department of
11 Human Services such information that would allow the
12 Department of Human Services to contact the victim.
13 (8) When a defendant has been convicted of a sex
14 offense as defined in Section 2 of the Sex Offender
15 Registration Act and has been sentenced to the Department
16 of Corrections or the Department of Juvenile Justice, the
17 Prisoner Review Board or the Department of Juvenile
18 Justice shall notify the victim of the sex offense of the
19 prisoner's eligibility for release on parole, aftercare
20 release, mandatory supervised release, electronic
21 detention, work release, international transfer or
22 exchange, or by the custodian of the discharge of any
23 individual who was adjudicated a delinquent for a sex
24 offense from State custody and by the sheriff of the
25 appropriate county of any such person's final discharge
26 from county custody. The notification shall be made to the

HB4697- 483 -LRB103 35722 RLC 65802 b
1 victim at least 30 days, whenever possible, before release
2 of the sex offender.
3 (e) The officials named in this Section may satisfy some
4or all of their obligations to provide notices and other
5information through participation in a statewide victim and
6witness notification system established by the Attorney
7General under Section 8.5 of this Act.
8 (f) The Prisoner Review Board shall establish a toll-free
9number that may be accessed by the crime victim to present a
10victim statement to the Board in accordance with paragraphs
11(4), (4-1), and (4-2) of subsection (d).
12(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
13101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
148-20-21; 102-813, eff. 5-13-22.)
15 Section 280. The Pretrial Services Act is amended by
16changing Sections 7, 11, 19, 20, 22, and 34 as follows:
17 (725 ILCS 185/7) (from Ch. 38, par. 307)
18 Sec. 7. Pretrial services agencies shall perform the
19following duties for the circuit court:
20 (a) Interview and assemble verified information and data
21concerning the community ties, employment, residency, criminal
22record, and social background of arrested persons who are to
23be, or have been, presented in court for first appearance on
24felony charges, to assist the court in determining the

HB4697- 484 -LRB103 35722 RLC 65802 b
1appropriate terms and conditions of bail pretrial release;
2 (b) Submit written reports of those investigations to the
3court along with such findings and recommendations, if any, as
4may be necessary to assess appropriate conditions which shall
5be imposed to protect against the risks of nonappearance and
6commission of new offenses or other interference with the
7orderly administration of justice before trial; :
8 (1) the need for financial security to assure the
9defendant's appearance at later proceedings; and
10 (2) appropriate conditions which shall be imposed to
11protect against the risks of nonappearance and commission of
12new offenses or other interference with the orderly
13administration of justice before trial;
14 (c) Supervise compliance with bail pretrial release
15conditions, and promptly report violations of those conditions
16to the court and prosecutor to ensure assure effective
17enforcement;
18 (d) Cooperate with the court and all other criminal
19justice agencies in the development of programs to minimize
20unnecessary pretrial detention and protect the public against
21breaches of bail pretrial release conditions; and
22 (e) Monitor the local operations of the bail pretrial
23release system and maintain accurate and comprehensive records
24of program activities.
25(Source: P.A. 102-1104, eff. 1-1-23.)

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1 (725 ILCS 185/11) (from Ch. 38, par. 311)
2 Sec. 11. No person shall be interviewed by a pretrial
3services agency unless he or she has first been apprised of the
4identity and purpose of the interviewer, the scope of the
5interview, the right to secure legal advice, and the right to
6refuse cooperation. Inquiry of the defendant shall carefully
7exclude questions concerning the details of the current
8charge. Statements made by the defendant during the interview,
9or evidence derived therefrom, are admissible in evidence only
10when the court is considering the imposition of pretrial or
11posttrial conditions to bail or recognizance of release,
12denial of pretrial release, or when considering the
13modification of a prior release order.
14(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 12-6-22.)
15 (725 ILCS 185/19) (from Ch. 38, par. 319)
16 Sec. 19. Written reports under Section 17 shall set forth
17all factual findings on which any recommendation and
18conclusions contained therein are based together with the
19source of each fact, and shall contain information and data
20relevant to appropriate conditions imposed to protect against
21the risk of nonappearance and commission of new offenses or
22other interference with the orderly administration of justice
23before trial. the following issues:
24 (a) The need for financial security to assure the
25defendant's appearance for later court proceedings; and

HB4697- 486 -LRB103 35722 RLC 65802 b
1 (b) Appropriate conditions imposed to protect against the
2risk of nonappearance and commission of new offenses or other
3interference with the orderly administration of justice before
4trial.
5(Source: P.A. 102-1104, eff. 1-1-23.)
6 (725 ILCS 185/20) (from Ch. 38, par. 320)
7 Sec. 20. In preparing and presenting its written reports
8under Sections 17 and 19, pretrial services agencies shall in
9appropriate cases include specific recommendations for the
10setting, increase, or decrease the conditions of bail pretrial
11release; the release of the interviewee on his own
12recognizance in sums certain; and the imposition of pretrial
13conditions to bail of pretrial release or recognizance
14designed to minimize the risks of nonappearance, the
15commission of new offenses while awaiting trial, and other
16potential interference with the orderly administration of
17justice. In establishing objective internal criteria of any
18such recommendation policies, the agency may utilize so-called
19"point scales" for evaluating the aforementioned risks, but no
20interviewee shall be considered as ineligible for particular
21agency recommendations by sole reference to such procedures.
22(Source: P.A. 101-652, eff. 1-1-23.)
23 (725 ILCS 185/22) (from Ch. 38, par. 322)
24 Sec. 22. If so ordered by the court, the pretrial services

HB4697- 487 -LRB103 35722 RLC 65802 b
1agency shall prepare and submit for the court's approval and
2signature a uniform release order on the uniform form
3established by the Supreme Court in all cases where an
4interviewee may be released from custody under conditions
5contained in an agency report. Such conditions shall become
6part of the conditions of the bail bond pretrial release. A
7copy of the uniform release order shall be provided to the
8defendant and defendant's attorney of record, and the
9prosecutor.
10(Source: P.A. 101-652, eff. 1-1-23.)
11 (725 ILCS 185/34)
12 Sec. 34. Probation and court services departments
13considered pretrial services agencies. For the purposes of
14administering the provisions of Public Act 95-773, known as
15the Cindy Bischof Law, all probation and court services
16departments are to be considered pretrial services agencies
17under this Act and under the bail bond pretrial release
18provisions of the Code of Criminal Procedure of 1963.
19(Source: P.A. 101-652, eff. 1-1-23.)
20 Section 285. The Quasi-criminal and Misdemeanor Bail Act
21is amended by changing the title of the Act and Sections 0.01,
221, 2, 3, and 5 as follows:
23 (725 ILCS 195/Act title)

HB4697- 488 -LRB103 35722 RLC 65802 b
1 An Act to authorize designated officers to let persons
2charged with quasi-criminal offenses and misdemeanors to
3pretrial release bail and to accept and receipt for fines on
4pleas of guilty in minor offenses, in accordance with
5schedules established by rule of court.
6 (725 ILCS 195/0.01) (from Ch. 16, par. 80)
7 Sec. 0.01. Short title. This Act may be cited as the
8Quasi-criminal and Misdemeanor Bail Pretrial Release Act.
9(Source: P.A. 101-652, eff. 1-1-23.)
10 (725 ILCS 195/1) (from Ch. 16, par. 81)
11 Sec. 1. Whenever in any circuit there shall be in force a
12rule or order of the Supreme Court establishing a uniform
13schedule form prescribing the amounts of bail conditions of
14pretrial release for specified conservation cases, traffic
15cases, quasi-criminal offenses and misdemeanors, any general
16superintendent, chief, captain, lieutenant, or sergeant of
17police, or other police officer, the sheriff, the circuit
18clerk, and any deputy sheriff or deputy circuit clerk
19designated by the Circuit Court for the purpose, are
20authorized to let to bail pretrial release any person charged
21with a quasi-criminal offense or misdemeanor and to accept and
22receipt for bonds or cash bail in accordance with regulations
23established by rule or order of the Supreme Court. Unless
24otherwise provided by Supreme Court Rule, no such bail may be

HB4697- 489 -LRB103 35722 RLC 65802 b
1posted or accepted in any place other than a police station,
2sheriff's office or jail, or other county, municipal or other
3building housing governmental units, or a division
4headquarters building of the Illinois State Police. Bonds and
5cash so received shall be delivered to the office of the
6circuit clerk or that of his designated deputy as provided by
7regulation. Such cash and securities so received shall be
8delivered to the office of such clerk or deputy clerk within at
9least 48 hours of receipt or within the time set for the
10accused's appearance in court whichever is earliest.
11 In all cases where a person is admitted to bail under a
12uniform schedule prescribing the amount of bail for specified
13conservation cases, traffic cases, quasi-criminal offenses and
14misdemeanors the provisions of Section 110-15.1 of the Code of
15Criminal Procedure of 1963 shall be applicable.
16(Source: P.A. 101-652, eff. 1-1-23.)
17 (725 ILCS 195/2) (from Ch. 16, par. 82)
18 Sec. 2. The conditions of the bail bond or deposit of cash
19bail pretrial release shall be that the accused will appear to
20answer the charge in court at a time and place specified in the
21bond pretrial release form and thereafter as ordered by the
22court until discharged on final order of the court and to
23submit himself to the orders and process of the court. The
24accused shall be furnished with an official receipt on a form
25prescribed by rule of court for any cash or other security

HB4697- 490 -LRB103 35722 RLC 65802 b
1deposited, and shall receive a copy of the bond pretrial
2release form specifying the time and place of his court
3appearance.
4 Upon performance of the conditions of the bond pretrial
5release, the bond pretrial release form shall be null and void
6any cash bail or other security shall be returned to the
7accused and any cash bail or other security shall be returned
8to the accused the accused shall be released from the
9conditions of pretrial release.
10(Source: P.A. 101-652, eff. 1-1-23.)
11 (725 ILCS 195/3) (from Ch. 16, par. 83)
12 Sec. 3. In lieu of making bond or depositing cash bail as
13provided in this Act or the deposit of other security
14authorized by law complying with the conditions of pretrial
15release, any accused person has the right to be brought
16without unnecessary delay before the nearest or most
17accessible judge of the circuit to be dealt with according to
18law.
19(Source: P.A. 101-652, eff. 1-1-23.)
20 (725 ILCS 195/5) (from Ch. 16, par. 85)
21 Sec. 5. Any person authorized to accept bail pretrial
22release or pleas of guilty by this Act who violates any
23provision of this Act is guilty of a Class B misdemeanor.
24(Source: P.A. 101-652, eff. 1-1-23.)

HB4697- 491 -LRB103 35722 RLC 65802 b
1 Section 290. The Unified Code of Corrections is amended by
2changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7, and
38-2-1 as follows:
4 (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
5 Sec. 5-3-2. Presentence report.
6 (a) In felony cases, the presentence report shall set
7forth:
8 (1) the defendant's history of delinquency or
9 criminality, physical and mental history and condition,
10 family situation and background, economic status,
11 education, occupation and personal habits;
12 (2) information about special resources within the
13 community which might be available to assist the
14 defendant's rehabilitation, including treatment centers,
15 residential facilities, vocational training services,
16 correctional manpower programs, employment opportunities,
17 special educational programs, alcohol and drug abuse
18 programming, psychiatric and marriage counseling, and
19 other programs and facilities which could aid the
20 defendant's successful reintegration into society;
21 (3) the effect the offense committed has had upon the
22 victim or victims thereof, and any compensatory benefit
23 that various sentencing alternatives would confer on such
24 victim or victims;

HB4697- 492 -LRB103 35722 RLC 65802 b
1 (3.5) information provided by the victim's spouse,
2 guardian, parent, grandparent, and other immediate family
3 and household members about the effect the offense
4 committed has had on the victim and on the person
5 providing the information; if the victim's spouse,
6 guardian, parent, grandparent, or other immediate family
7 or household member has provided a written statement, the
8 statement shall be attached to the report;
9 (4) information concerning the defendant's status
10 since arrest, including his record if released on his own
11 recognizance, or the defendant's achievement record if
12 released on a conditional pre-trial supervision program;
13 (5) when appropriate, a plan, based upon the personal,
14 economic and social adjustment needs of the defendant,
15 utilizing public and private community resources as an
16 alternative to institutional sentencing;
17 (6) any other matters that the investigatory officer
18 deems relevant or the court directs to be included;
19 (7) information concerning the defendant's eligibility
20 for a sentence to a county impact incarceration program
21 under Section 5-8-1.2 of this Code; and
22 (8) information concerning the defendant's eligibility
23 for a sentence to an impact incarceration program
24 administered by the Department under Section 5-8-1.1.
25 (b) The investigation shall include a physical and mental
26examination of the defendant when so ordered by the court. If

HB4697- 493 -LRB103 35722 RLC 65802 b
1the court determines that such an examination should be made,
2it shall issue an order that the defendant submit to
3examination at such time and place as designated by the court
4and that such examination be conducted by a physician,
5psychologist or psychiatrist designated by the court. Such an
6examination may be conducted in a court clinic if so ordered by
7the court. The cost of such examination shall be paid by the
8county in which the trial is held.
9 (b-5) In cases involving felony sex offenses in which the
10offender is being considered for probation only or any felony
11offense that is sexually motivated as defined in the Sex
12Offender Management Board Act in which the offender is being
13considered for probation only, the investigation shall include
14a sex offender evaluation by an evaluator approved by the
15Board and conducted in conformance with the standards
16developed under the Sex Offender Management Board Act. In
17cases in which the offender is being considered for any
18mandatory prison sentence, the investigation shall not include
19a sex offender evaluation.
20 (c) In misdemeanor, business offense or petty offense
21cases, except as specified in subsection (d) of this Section,
22when a presentence report has been ordered by the court, such
23presentence report shall contain information on the
24defendant's history of delinquency or criminality and shall
25further contain only those matters listed in any of paragraphs
26(1) through (6) of subsection (a) or in subsection (b) of this

HB4697- 494 -LRB103 35722 RLC 65802 b
1Section as are specified by the court in its order for the
2report.
3 (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
412-30 of the Criminal Code of 1961 or the Criminal Code of
52012, the presentence report shall set forth information about
6alcohol, drug abuse, psychiatric, and marriage counseling or
7other treatment programs and facilities, information on the
8defendant's history of delinquency or criminality, and shall
9contain those additional matters listed in any of paragraphs
10(1) through (6) of subsection (a) or in subsection (b) of this
11Section as are specified by the court.
12 (e) Nothing in this Section shall cause the defendant to
13be held without pretrial release bail or to have his pretrial
14release bail revoked for the purpose of preparing the
15presentence report or making an examination.
16(Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23;
17102-558, eff. 8-20-21.)
18 (730 ILCS 5/5-5-3.2)
19 Sec. 5-5-3.2. Factors in aggravation and extended-term
20sentencing.
21 (a) The following factors shall be accorded weight in
22favor of imposing a term of imprisonment or may be considered
23by the court as reasons to impose a more severe sentence under
24Section 5-8-1 or Article 4.5 of Chapter V:
25 (1) the defendant's conduct caused or threatened

HB4697- 495 -LRB103 35722 RLC 65802 b
1 serious harm;
2 (2) the defendant received compensation for committing
3 the offense;
4 (3) the defendant has a history of prior delinquency
5 or criminal activity;
6 (4) the defendant, by the duties of his office or by
7 his position, was obliged to prevent the particular
8 offense committed or to bring the offenders committing it
9 to justice;
10 (5) the defendant held public office at the time of
11 the offense, and the offense related to the conduct of
12 that office;
13 (6) the defendant utilized his professional reputation
14 or position in the community to commit the offense, or to
15 afford him an easier means of committing it;
16 (7) the sentence is necessary to deter others from
17 committing the same crime;
18 (8) the defendant committed the offense against a
19 person 60 years of age or older or such person's property;
20 (9) the defendant committed the offense against a
21 person who has a physical disability or such person's
22 property;
23 (10) by reason of another individual's actual or
24 perceived race, color, creed, religion, ancestry, gender,
25 sexual orientation, physical or mental disability, or
26 national origin, the defendant committed the offense

HB4697- 496 -LRB103 35722 RLC 65802 b
1 against (i) the person or property of that individual;
2 (ii) the person or property of a person who has an
3 association with, is married to, or has a friendship with
4 the other individual; or (iii) the person or property of a
5 relative (by blood or marriage) of a person described in
6 clause (i) or (ii). For the purposes of this Section,
7 "sexual orientation" has the meaning ascribed to it in
8 paragraph (O-1) of Section 1-103 of the Illinois Human
9 Rights Act;
10 (11) the offense took place in a place of worship or on
11 the grounds of a place of worship, immediately prior to,
12 during or immediately following worship services. For
13 purposes of this subparagraph, "place of worship" shall
14 mean any church, synagogue or other building, structure or
15 place used primarily for religious worship;
16 (12) the defendant was convicted of a felony committed
17 while he was released on bail on pretrial release or his
18 own recognizance pending trial for a prior felony and was
19 convicted of such prior felony, or the defendant was
20 convicted of a felony committed while he was serving a
21 period of probation, conditional discharge, or mandatory
22 supervised release under subsection (d) of Section 5-8-1
23 for a prior felony;
24 (13) the defendant committed or attempted to commit a
25 felony while he was wearing a bulletproof vest. For the
26 purposes of this paragraph (13), a bulletproof vest is any

HB4697- 497 -LRB103 35722 RLC 65802 b
1 device which is designed for the purpose of protecting the
2 wearer from bullets, shot or other lethal projectiles;
3 (14) the defendant held a position of trust or
4 supervision such as, but not limited to, family member as
5 defined in Section 11-0.1 of the Criminal Code of 2012,
6 teacher, scout leader, baby sitter, or day care worker, in
7 relation to a victim under 18 years of age, and the
8 defendant committed an offense in violation of Section
9 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
10 11-14.4 except for an offense that involves keeping a
11 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
12 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
13 or 12-16 of the Criminal Code of 1961 or the Criminal Code
14 of 2012 against that victim;
15 (15) the defendant committed an offense related to the
16 activities of an organized gang. For the purposes of this
17 factor, "organized gang" has the meaning ascribed to it in
18 Section 10 of the Streetgang Terrorism Omnibus Prevention
19 Act;
20 (16) the defendant committed an offense in violation
21 of one of the following Sections while in a school,
22 regardless of the time of day or time of year; on any
23 conveyance owned, leased, or contracted by a school to
24 transport students to or from school or a school related
25 activity; on the real property of a school; or on a public
26 way within 1,000 feet of the real property comprising any

HB4697- 498 -LRB103 35722 RLC 65802 b
1 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
2 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
3 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
4 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
5 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
6 for subdivision (a)(4) or (g)(1), of the Criminal Code of
7 1961 or the Criminal Code of 2012;
8 (16.5) the defendant committed an offense in violation
9 of one of the following Sections while in a day care
10 center, regardless of the time of day or time of year; on
11 the real property of a day care center, regardless of the
12 time of day or time of year; or on a public way within
13 1,000 feet of the real property comprising any day care
14 center, regardless of the time of day or time of year:
15 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
16 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
17 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
18 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
19 18-2, or 33A-2, or Section 12-3.05 except for subdivision
20 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
21 Criminal Code of 2012;
22 (17) the defendant committed the offense by reason of
23 any person's activity as a community policing volunteer or
24 to prevent any person from engaging in activity as a
25 community policing volunteer. For the purpose of this
26 Section, "community policing volunteer" has the meaning

HB4697- 499 -LRB103 35722 RLC 65802 b
1 ascribed to it in Section 2-3.5 of the Criminal Code of
2 2012;
3 (18) the defendant committed the offense in a nursing
4 home or on the real property comprising a nursing home.
5 For the purposes of this paragraph (18), "nursing home"
6 means a skilled nursing or intermediate long term care
7 facility that is subject to license by the Illinois
8 Department of Public Health under the Nursing Home Care
9 Act, the Specialized Mental Health Rehabilitation Act of
10 2013, the ID/DD Community Care Act, or the MC/DD Act;
11 (19) the defendant was a federally licensed firearm
12 dealer and was previously convicted of a violation of
13 subsection (a) of Section 3 of the Firearm Owners
14 Identification Card Act and has now committed either a
15 felony violation of the Firearm Owners Identification Card
16 Act or an act of armed violence while armed with a firearm;
17 (20) the defendant (i) committed the offense of
18 reckless homicide under Section 9-3 of the Criminal Code
19 of 1961 or the Criminal Code of 2012 or the offense of
20 driving under the influence of alcohol, other drug or
21 drugs, intoxicating compound or compounds or any
22 combination thereof under Section 11-501 of the Illinois
23 Vehicle Code or a similar provision of a local ordinance
24 and (ii) was operating a motor vehicle in excess of 20
25 miles per hour over the posted speed limit as provided in
26 Article VI of Chapter 11 of the Illinois Vehicle Code;

HB4697- 500 -LRB103 35722 RLC 65802 b
1 (21) the defendant (i) committed the offense of
2 reckless driving or aggravated reckless driving under
3 Section 11-503 of the Illinois Vehicle Code and (ii) was
4 operating a motor vehicle in excess of 20 miles per hour
5 over the posted speed limit as provided in Article VI of
6 Chapter 11 of the Illinois Vehicle Code;
7 (22) the defendant committed the offense against a
8 person that the defendant knew, or reasonably should have
9 known, was a member of the Armed Forces of the United
10 States serving on active duty. For purposes of this clause
11 (22), the term "Armed Forces" means any of the Armed
12 Forces of the United States, including a member of any
13 reserve component thereof or National Guard unit called to
14 active duty;
15 (23) the defendant committed the offense against a
16 person who was elderly or infirm or who was a person with a
17 disability by taking advantage of a family or fiduciary
18 relationship with the elderly or infirm person or person
19 with a disability;
20 (24) the defendant committed any offense under Section
21 11-20.1 of the Criminal Code of 1961 or the Criminal Code
22 of 2012 and possessed 100 or more images;
23 (25) the defendant committed the offense while the
24 defendant or the victim was in a train, bus, or other
25 vehicle used for public transportation;
26 (26) the defendant committed the offense of child

HB4697- 501 -LRB103 35722 RLC 65802 b
1 pornography or aggravated child pornography, specifically
2 including paragraph (1), (2), (3), (4), (5), or (7) of
3 subsection (a) of Section 11-20.1 of the Criminal Code of
4 1961 or the Criminal Code of 2012 where a child engaged in,
5 solicited for, depicted in, or posed in any act of sexual
6 penetration or bound, fettered, or subject to sadistic,
7 masochistic, or sadomasochistic abuse in a sexual context
8 and specifically including paragraph (1), (2), (3), (4),
9 (5), or (7) of subsection (a) of Section 11-20.1B or
10 Section 11-20.3 of the Criminal Code of 1961 where a child
11 engaged in, solicited for, depicted in, or posed in any
12 act of sexual penetration or bound, fettered, or subject
13 to sadistic, masochistic, or sadomasochistic abuse in a
14 sexual context;
15 (27) the defendant committed the offense of first
16 degree murder, assault, aggravated assault, battery,
17 aggravated battery, robbery, armed robbery, or aggravated
18 robbery against a person who was a veteran and the
19 defendant knew, or reasonably should have known, that the
20 person was a veteran performing duties as a representative
21 of a veterans' organization. For the purposes of this
22 paragraph (27), "veteran" means an Illinois resident who
23 has served as a member of the United States Armed Forces, a
24 member of the Illinois National Guard, or a member of the
25 United States Reserve Forces; and "veterans' organization"
26 means an organization comprised of members of which

HB4697- 502 -LRB103 35722 RLC 65802 b
1 substantially all are individuals who are veterans or
2 spouses, widows, or widowers of veterans, the primary
3 purpose of which is to promote the welfare of its members
4 and to provide assistance to the general public in such a
5 way as to confer a public benefit;
6 (28) the defendant committed the offense of assault,
7 aggravated assault, battery, aggravated battery, robbery,
8 armed robbery, or aggravated robbery against a person that
9 the defendant knew or reasonably should have known was a
10 letter carrier or postal worker while that person was
11 performing his or her duties delivering mail for the
12 United States Postal Service;
13 (29) the defendant committed the offense of criminal
14 sexual assault, aggravated criminal sexual assault,
15 criminal sexual abuse, or aggravated criminal sexual abuse
16 against a victim with an intellectual disability, and the
17 defendant holds a position of trust, authority, or
18 supervision in relation to the victim;
19 (30) the defendant committed the offense of promoting
20 juvenile prostitution, patronizing a prostitute, or
21 patronizing a minor engaged in prostitution and at the
22 time of the commission of the offense knew that the
23 prostitute or minor engaged in prostitution was in the
24 custody or guardianship of the Department of Children and
25 Family Services;
26 (31) the defendant (i) committed the offense of

HB4697- 503 -LRB103 35722 RLC 65802 b
1 driving while under the influence of alcohol, other drug
2 or drugs, intoxicating compound or compounds or any
3 combination thereof in violation of Section 11-501 of the
4 Illinois Vehicle Code or a similar provision of a local
5 ordinance and (ii) the defendant during the commission of
6 the offense was driving his or her vehicle upon a roadway
7 designated for one-way traffic in the opposite direction
8 of the direction indicated by official traffic control
9 devices;
10 (32) the defendant committed the offense of reckless
11 homicide while committing a violation of Section 11-907 of
12 the Illinois Vehicle Code;
13 (33) the defendant was found guilty of an
14 administrative infraction related to an act or acts of
15 public indecency or sexual misconduct in the penal
16 institution. In this paragraph (33), "penal institution"
17 has the same meaning as in Section 2-14 of the Criminal
18 Code of 2012; or
19 (34) the defendant committed the offense of leaving
20 the scene of a crash in violation of subsection (b) of
21 Section 11-401 of the Illinois Vehicle Code and the crash
22 resulted in the death of a person and at the time of the
23 offense, the defendant was: (i) driving under the
24 influence of alcohol, other drug or drugs, intoxicating
25 compound or compounds or any combination thereof as
26 defined by Section 11-501 of the Illinois Vehicle Code; or

HB4697- 504 -LRB103 35722 RLC 65802 b
1 (ii) operating the motor vehicle while using an electronic
2 communication device as defined in Section 12-610.2 of the
3 Illinois Vehicle Code.
4 For the purposes of this Section:
5 "School" is defined as a public or private elementary or
6secondary school, community college, college, or university.
7 "Day care center" means a public or private State
8certified and licensed day care center as defined in Section
92.09 of the Child Care Act of 1969 that displays a sign in
10plain view stating that the property is a day care center.
11 "Intellectual disability" means significantly subaverage
12intellectual functioning which exists concurrently with
13impairment in adaptive behavior.
14 "Public transportation" means the transportation or
15conveyance of persons by means available to the general
16public, and includes paratransit services.
17 "Traffic control devices" means all signs, signals,
18markings, and devices that conform to the Illinois Manual on
19Uniform Traffic Control Devices, placed or erected by
20authority of a public body or official having jurisdiction,
21for the purpose of regulating, warning, or guiding traffic.
22 (b) The following factors, related to all felonies, may be
23considered by the court as reasons to impose an extended term
24sentence under Section 5-8-2 upon any offender:
25 (1) When a defendant is convicted of any felony, after
26 having been previously convicted in Illinois or any other

HB4697- 505 -LRB103 35722 RLC 65802 b
1 jurisdiction of the same or similar class felony or
2 greater class felony, when such conviction has occurred
3 within 10 years after the previous conviction, excluding
4 time spent in custody, and such charges are separately
5 brought and tried and arise out of different series of
6 acts; or
7 (2) When a defendant is convicted of any felony and
8 the court finds that the offense was accompanied by
9 exceptionally brutal or heinous behavior indicative of
10 wanton cruelty; or
11 (3) When a defendant is convicted of any felony
12 committed against:
13 (i) a person under 12 years of age at the time of
14 the offense or such person's property;
15 (ii) a person 60 years of age or older at the time
16 of the offense or such person's property; or
17 (iii) a person who had a physical disability at
18 the time of the offense or such person's property; or
19 (4) When a defendant is convicted of any felony and
20 the offense involved any of the following types of
21 specific misconduct committed as part of a ceremony, rite,
22 initiation, observance, performance, practice or activity
23 of any actual or ostensible religious, fraternal, or
24 social group:
25 (i) the brutalizing or torturing of humans or
26 animals;

HB4697- 506 -LRB103 35722 RLC 65802 b
1 (ii) the theft of human corpses;
2 (iii) the kidnapping of humans;
3 (iv) the desecration of any cemetery, religious,
4 fraternal, business, governmental, educational, or
5 other building or property; or
6 (v) ritualized abuse of a child; or
7 (5) When a defendant is convicted of a felony other
8 than conspiracy and the court finds that the felony was
9 committed under an agreement with 2 or more other persons
10 to commit that offense and the defendant, with respect to
11 the other individuals, occupied a position of organizer,
12 supervisor, financier, or any other position of management
13 or leadership, and the court further finds that the felony
14 committed was related to or in furtherance of the criminal
15 activities of an organized gang or was motivated by the
16 defendant's leadership in an organized gang; or
17 (6) When a defendant is convicted of an offense
18 committed while using a firearm with a laser sight
19 attached to it. For purposes of this paragraph, "laser
20 sight" has the meaning ascribed to it in Section 26-7 of
21 the Criminal Code of 2012; or
22 (7) When a defendant who was at least 17 years of age
23 at the time of the commission of the offense is convicted
24 of a felony and has been previously adjudicated a
25 delinquent minor under the Juvenile Court Act of 1987 for
26 an act that if committed by an adult would be a Class X or

HB4697- 507 -LRB103 35722 RLC 65802 b
1 Class 1 felony when the conviction has occurred within 10
2 years after the previous adjudication, excluding time
3 spent in custody; or
4 (8) When a defendant commits any felony and the
5 defendant used, possessed, exercised control over, or
6 otherwise directed an animal to assault a law enforcement
7 officer engaged in the execution of his or her official
8 duties or in furtherance of the criminal activities of an
9 organized gang in which the defendant is engaged; or
10 (9) When a defendant commits any felony and the
11 defendant knowingly video or audio records the offense
12 with the intent to disseminate the recording.
13 (c) The following factors may be considered by the court
14as reasons to impose an extended term sentence under Section
155-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
16offenses:
17 (1) When a defendant is convicted of first degree
18 murder, after having been previously convicted in Illinois
19 of any offense listed under paragraph (c)(2) of Section
20 5-5-3 (730 ILCS 5/5-5-3), when that conviction has
21 occurred within 10 years after the previous conviction,
22 excluding time spent in custody, and the charges are
23 separately brought and tried and arise out of different
24 series of acts.
25 (1.5) When a defendant is convicted of first degree
26 murder, after having been previously convicted of domestic

HB4697- 508 -LRB103 35722 RLC 65802 b
1 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
2 (720 ILCS 5/12-3.3) committed on the same victim or after
3 having been previously convicted of violation of an order
4 of protection (720 ILCS 5/12-30) in which the same victim
5 was the protected person.
6 (2) When a defendant is convicted of voluntary
7 manslaughter, second degree murder, involuntary
8 manslaughter, or reckless homicide in which the defendant
9 has been convicted of causing the death of more than one
10 individual.
11 (3) When a defendant is convicted of aggravated
12 criminal sexual assault or criminal sexual assault, when
13 there is a finding that aggravated criminal sexual assault
14 or criminal sexual assault was also committed on the same
15 victim by one or more other individuals, and the defendant
16 voluntarily participated in the crime with the knowledge
17 of the participation of the others in the crime, and the
18 commission of the crime was part of a single course of
19 conduct during which there was no substantial change in
20 the nature of the criminal objective.
21 (4) If the victim was under 18 years of age at the time
22 of the commission of the offense, when a defendant is
23 convicted of aggravated criminal sexual assault or
24 predatory criminal sexual assault of a child under
25 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
26 of Section 12-14.1 of the Criminal Code of 1961 or the

HB4697- 509 -LRB103 35722 RLC 65802 b
1 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
2 (5) When a defendant is convicted of a felony
3 violation of Section 24-1 of the Criminal Code of 1961 or
4 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
5 finding that the defendant is a member of an organized
6 gang.
7 (6) When a defendant was convicted of unlawful use of
8 weapons under Section 24-1 of the Criminal Code of 1961 or
9 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
10 a weapon that is not readily distinguishable as one of the
11 weapons enumerated in Section 24-1 of the Criminal Code of
12 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
13 (7) When a defendant is convicted of an offense
14 involving the illegal manufacture of a controlled
15 substance under Section 401 of the Illinois Controlled
16 Substances Act (720 ILCS 570/401), the illegal manufacture
17 of methamphetamine under Section 25 of the Methamphetamine
18 Control and Community Protection Act (720 ILCS 646/25), or
19 the illegal possession of explosives and an emergency
20 response officer in the performance of his or her duties
21 is killed or injured at the scene of the offense while
22 responding to the emergency caused by the commission of
23 the offense. In this paragraph, "emergency" means a
24 situation in which a person's life, health, or safety is
25 in jeopardy; and "emergency response officer" means a
26 peace officer, community policing volunteer, fireman,

HB4697- 510 -LRB103 35722 RLC 65802 b
1 emergency medical technician-ambulance, emergency medical
2 technician-intermediate, emergency medical
3 technician-paramedic, ambulance driver, other medical
4 assistance or first aid personnel, or hospital emergency
5 room personnel.
6 (8) When the defendant is convicted of attempted mob
7 action, solicitation to commit mob action, or conspiracy
8 to commit mob action under Section 8-1, 8-2, or 8-4 of the
9 Criminal Code of 2012, where the criminal object is a
10 violation of Section 25-1 of the Criminal Code of 2012,
11 and an electronic communication is used in the commission
12 of the offense. For the purposes of this paragraph (8),
13 "electronic communication" shall have the meaning provided
14 in Section 26.5-0.1 of the Criminal Code of 2012.
15 (d) For the purposes of this Section, "organized gang" has
16the meaning ascribed to it in Section 10 of the Illinois
17Streetgang Terrorism Omnibus Prevention Act.
18 (e) The court may impose an extended term sentence under
19Article 4.5 of Chapter V upon an offender who has been
20convicted of a felony violation of Section 11-1.20, 11-1.30,
2111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2212-16 of the Criminal Code of 1961 or the Criminal Code of 2012
23when the victim of the offense is under 18 years of age at the
24time of the commission of the offense and, during the
25commission of the offense, the victim was under the influence
26of alcohol, regardless of whether or not the alcohol was

HB4697- 511 -LRB103 35722 RLC 65802 b
1supplied by the offender; and the offender, at the time of the
2commission of the offense, knew or should have known that the
3victim had consumed alcohol.
4(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
5101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
68-20-21; 102-982, eff. 7-1-23.)
7 (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
8 Sec. 5-6-4. Violation, modification or revocation of
9probation, of conditional discharge or supervision or of a
10sentence of county impact incarceration - hearing.
11 (a) Except in cases where conditional discharge or
12supervision was imposed for a petty offense as defined in
13Section 5-1-17, when a petition is filed charging a violation
14of a condition, the court may:
15 (1) in the case of probation violations, order the
16 issuance of a notice to the offender to be present by the
17 County Probation Department or such other agency
18 designated by the court to handle probation matters; and
19 in the case of conditional discharge or supervision
20 violations, such notice to the offender shall be issued by
21 the Circuit Court Clerk; and in the case of a violation of
22 a sentence of county impact incarceration, such notice
23 shall be issued by the Sheriff;
24 (2) order a summons to the offender to be present for
25 hearing; or

HB4697- 512 -LRB103 35722 RLC 65802 b
1 (3) order a warrant for the offender's arrest where
2 there is danger of his fleeing the jurisdiction or causing
3 serious harm to others or when the offender fails to
4 answer a summons or notice from the clerk of the court or
5 Sheriff.
6 Personal service of the petition for violation of
7probation or the issuance of such warrant, summons or notice
8shall toll the period of probation, conditional discharge,
9supervision, or sentence of county impact incarceration until
10the final determination of the charge, and the term of
11probation, conditional discharge, supervision, or sentence of
12county impact incarceration shall not run until the hearing
13and disposition of the petition for violation.
14 (b) The court shall conduct a hearing of the alleged
15violation. The court shall admit the offender to bail pretrial
16release pending the hearing unless the alleged violation is
17itself a criminal offense in which case the offender shall be
18admitted to bail pretrial release on such terms as are
19provided in the Code of Criminal Procedure of 1963, as
20amended. In any case where an offender remains incarcerated
21only as a result of his alleged violation of the court's
22earlier order of probation, supervision, conditional
23discharge, or county impact incarceration such hearing shall
24be held within 14 days of the onset of said incarceration,
25unless the alleged violation is the commission of another
26offense by the offender during the period of probation,

HB4697- 513 -LRB103 35722 RLC 65802 b
1supervision or conditional discharge in which case such
2hearing shall be held within the time limits described in
3Section 103-5 of the Code of Criminal Procedure of 1963, as
4amended.
5 (c) The State has the burden of going forward with the
6evidence and proving the violation by the preponderance of the
7evidence. The evidence shall be presented in open court with
8the right of confrontation, cross-examination, and
9representation by counsel.
10 (d) Probation, conditional discharge, periodic
11imprisonment and supervision shall not be revoked for failure
12to comply with conditions of a sentence or supervision, which
13imposes financial obligations upon the offender unless such
14failure is due to his willful refusal to pay.
15 (e) If the court finds that the offender has violated a
16condition at any time prior to the expiration or termination
17of the period, it may continue him on the existing sentence,
18with or without modifying or enlarging the conditions, or may
19impose any other sentence that was available under Article 4.5
20of Chapter V of this Code or Section 11-501 of the Illinois
21Vehicle Code at the time of initial sentencing. If the court
22finds that the person has failed to successfully complete his
23or her sentence to a county impact incarceration program, the
24court may impose any other sentence that was available under
25Article 4.5 of Chapter V of this Code or Section 11-501 of the
26Illinois Vehicle Code at the time of initial sentencing,

HB4697- 514 -LRB103 35722 RLC 65802 b
1except for a sentence of probation or conditional discharge.
2If the court finds that the offender has violated paragraph
3(8.6) of subsection (a) of Section 5-6-3, the court shall
4revoke the probation of the offender. If the court finds that
5the offender has violated subsection (o) of Section 5-6-3.1,
6the court shall revoke the supervision of the offender.
7 (f) The conditions of probation, of conditional discharge,
8of supervision, or of a sentence of county impact
9incarceration may be modified by the court on motion of the
10supervising agency or on its own motion or at the request of
11the offender after notice and a hearing.
12 (g) A judgment revoking supervision, probation,
13conditional discharge, or a sentence of county impact
14incarceration is a final appealable order.
15 (h) Resentencing after revocation of probation,
16conditional discharge, supervision, or a sentence of county
17impact incarceration shall be under Article 4. The term on
18probation, conditional discharge or supervision shall not be
19credited by the court against a sentence of imprisonment or
20periodic imprisonment unless the court orders otherwise. The
21amount of credit to be applied against a sentence of
22imprisonment or periodic imprisonment when the defendant
23served a term or partial term of periodic imprisonment shall
24be calculated upon the basis of the actual days spent in
25confinement rather than the duration of the term.
26 (i) Instead of filing a violation of probation,

HB4697- 515 -LRB103 35722 RLC 65802 b
1conditional discharge, supervision, or a sentence of county
2impact incarceration, an agent or employee of the supervising
3agency with the concurrence of his or her supervisor may serve
4on the defendant a Notice of Intermediate Sanctions. The
5Notice shall contain the technical violation or violations
6involved, the date or dates of the violation or violations,
7and the intermediate sanctions to be imposed. Upon receipt of
8the Notice, the defendant shall immediately accept or reject
9the intermediate sanctions. If the sanctions are accepted,
10they shall be imposed immediately. If the intermediate
11sanctions are rejected or the defendant does not respond to
12the Notice, a violation of probation, conditional discharge,
13supervision, or a sentence of county impact incarceration
14shall be immediately filed with the court. The State's
15Attorney and the sentencing court shall be notified of the
16Notice of Sanctions. Upon successful completion of the
17intermediate sanctions, a court may not revoke probation,
18conditional discharge, supervision, or a sentence of county
19impact incarceration or impose additional sanctions for the
20same violation. A notice of intermediate sanctions may not be
21issued for any violation of probation, conditional discharge,
22supervision, or a sentence of county impact incarceration
23which could warrant an additional, separate felony charge. The
24intermediate sanctions shall include a term of home detention
25as provided in Article 8A of Chapter V of this Code for
26multiple or repeat violations of the terms and conditions of a

HB4697- 516 -LRB103 35722 RLC 65802 b
1sentence of probation, conditional discharge, or supervision.
2 (j) When an offender is re-sentenced after revocation of
3probation that was imposed in combination with a sentence of
4imprisonment for the same offense, the aggregate of the
5sentences may not exceed the maximum term authorized under
6Article 4.5 of Chapter V.
7 (k)(1) On and after the effective date of this amendatory
8Act of the 101st General Assembly, this subsection (k) shall
9apply to arrest warrants in Cook County only. An arrest
10warrant issued under paragraph (3) of subsection (a) when the
11underlying conviction is for the offense of theft, retail
12theft, or possession of a controlled substance shall remain
13active for a period not to exceed 10 years from the date the
14warrant was issued unless a motion to extend the warrant is
15filed by the office of the State's Attorney or by, or on behalf
16of, the agency supervising the wanted person. A motion to
17extend the warrant shall be filed within one year before the
18warrant expiration date and notice shall be provided to the
19office of the sheriff.
20 (2) If a motion to extend a warrant issued under paragraph
21(3) of subsection (a) is not filed, the warrant shall be
22quashed and recalled as a matter of law under paragraph (1) of
23this subsection (k) and the wanted person's period of
24probation, conditional discharge, or supervision shall
25terminate unsatisfactorily as a matter of law.
26(Source: P.A. 101-406, eff. 1-1-20; 101-652, eff. 1-1-23.)

HB4697- 517 -LRB103 35722 RLC 65802 b
1 (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)
2 Sec. 5-6-4.1. Violation, modification or revocation of
3conditional discharge or supervision - hearing.)
4 (a) In cases where a defendant was placed upon supervision
5or conditional discharge for the commission of a petty
6offense, upon the oral or written motion of the State, or on
7the court's own motion, which charges that a violation of a
8condition of that conditional discharge or supervision has
9occurred, the court may:
10 (1) conduct a hearing instanter if the offender is
11 present in court;
12 (2) order the issuance by the court clerk of a notice
13 to the offender to be present for a hearing for violation;
14 (3) order summons to the offender to be present; or
15 (4) order a warrant for the offender's arrest.
16 The oral motion, if the defendant is present, or the
17issuance of such warrant, summons or notice shall toll the
18period of conditional discharge or supervision until the final
19determination of the charge, and the term of conditional
20discharge or supervision shall not run until the hearing and
21disposition of the petition for violation.
22 (b) The Court shall admit the offender to bail pretrial
23release pending the hearing.
24 (c) The State has the burden of going forward with the
25evidence and proving the violation by the preponderance of the

HB4697- 518 -LRB103 35722 RLC 65802 b
1evidence. The evidence shall be presented in open court with
2the right of confrontation, cross-examination, and
3representation by counsel.
4 (d) Conditional discharge or supervision shall not be
5revoked for failure to comply with the conditions of the
6discharge or supervision which imposed financial obligations
7upon the offender unless such failure is due to his wilful
8refusal to pay.
9 (e) If the court finds that the offender has violated a
10condition at any time prior to the expiration or termination
11of the period, it may continue him on the existing sentence or
12supervision with or without modifying or enlarging the
13conditions, or may impose any other sentence that was
14available under Article 4.5 of Chapter V of this Code or
15Section 11-501 of the Illinois Vehicle Code at the time of
16initial sentencing.
17 (f) The conditions of conditional discharge and of
18supervision may be modified by the court on motion of the
19probation officer or on its own motion or at the request of the
20offender after notice to the defendant and a hearing.
21 (g) A judgment revoking supervision is a final appealable
22order.
23 (h) Resentencing after revocation of conditional discharge
24or of supervision shall be under Article 4. Time served on
25conditional discharge or supervision shall be credited by the
26court against a sentence of imprisonment or periodic

HB4697- 519 -LRB103 35722 RLC 65802 b
1imprisonment unless the court orders otherwise.
2(Source: P.A. 101-652, eff. 1-1-23.)
3 (730 ILCS 5/5-8A-7)
4 Sec. 5-8A-7. Domestic violence surveillance program. If
5the Prisoner Review Board, Department of Corrections,
6Department of Juvenile Justice, or court (the supervising
7authority) orders electronic surveillance as a condition of
8parole, aftercare release, mandatory supervised release, early
9release, probation, or conditional discharge for a violation
10of an order of protection or as a condition of bail pretrial
11release for a person charged with a violation of an order of
12protection, the supervising authority shall use the best
13available global positioning technology to track domestic
14violence offenders. Best available technology must have
15real-time and interactive capabilities that facilitate the
16following objectives: (1) immediate notification to the
17supervising authority of a breach of a court ordered exclusion
18zone; (2) notification of the breach to the offender; and (3)
19communication between the supervising authority, law
20enforcement, and the victim, regarding the breach. The
21supervising authority may also require that the electronic
22surveillance ordered under this Section monitor the
23consumption of alcohol or drugs.
24(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)

HB4697- 520 -LRB103 35722 RLC 65802 b
1 (730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
2 Sec. 8-2-1. Saving clause. The repeal of Acts or parts of
3Acts enumerated in Section 8-5-1 does not: (1) affect any
4offense committed, act done, prosecution pending, penalty,
5punishment or forfeiture incurred, or rights, powers or
6remedies accrued under any law in effect immediately prior to
7the effective date of this Code; (2) impair, avoid, or affect
8any grant or conveyance made or right acquired or cause of
9action then existing under any such repealed Act or amendment
10thereto; (3) affect or impair the validity of any bail or other
11bond pretrial release or other obligation issued or sold and
12constituting a valid obligation of the issuing authority
13immediately prior to the effective date of this Code; (4) the
14validity of any contract; or (5) the validity of any tax levied
15under any law in effect prior to the effective date of this
16Code. The repeal of any validating Act or part thereof shall
17not avoid the effect of the validation. No Act repealed by
18Section 8-5-1 shall repeal any Act or part thereof which
19embraces the same or a similar subject matter as the Act
20repealed.
21(Source: P.A. 101-652, eff. 1-1-23.)
22 Section 295. The Unified Code of Corrections is amended by
23changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1,
245-8-4, 5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 as follows:

HB4697- 521 -LRB103 35722 RLC 65802 b
1 (730 ILCS 5/3-6-3)
2 Sec. 3-6-3. Rules and regulations for sentence credit.
3 (a)(1) The Department of Corrections shall prescribe rules
4and regulations for awarding and revoking sentence credit for
5persons committed to the Department of Corrections and the
6Department of Juvenile Justice shall prescribe rules and
7regulations for awarding and revoking sentence credit for
8persons committed to the Department of Juvenile Justice under
9Section 5-8-6 of the Unified Code of Corrections, which shall
10be subject to review by the Prisoner Review Board.
11 (1.5) As otherwise provided by law, sentence credit may be
12awarded for the following:
13 (A) successful completion of programming while in
14 custody of the Department of Corrections or the Department
15 of Juvenile Justice or while in custody prior to
16 sentencing;
17 (B) compliance with the rules and regulations of the
18 Department; or
19 (C) service to the institution, service to a
20 community, or service to the State.
21 (2) Except as provided in paragraph (4.7) of this
22subsection (a), the rules and regulations on sentence credit
23shall provide, with respect to offenses listed in clause (i),
24(ii), or (iii) of this paragraph (2) committed on or after June
2519, 1998 or with respect to the offense listed in clause (iv)
26of this paragraph (2) committed on or after June 23, 2005 (the

HB4697- 522 -LRB103 35722 RLC 65802 b
1effective date of Public Act 94-71) or with respect to offense
2listed in clause (vi) committed on or after June 1, 2008 (the
3effective date of Public Act 95-625) or with respect to the
4offense of being an armed habitual criminal committed on or
5after August 2, 2005 (the effective date of Public Act 94-398)
6or with respect to the offenses listed in clause (v) of this
7paragraph (2) committed on or after August 13, 2007 (the
8effective date of Public Act 95-134) or with respect to the
9offense of aggravated domestic battery committed on or after
10July 23, 2010 (the effective date of Public Act 96-1224) or
11with respect to the offense of attempt to commit terrorism
12committed on or after January 1, 2013 (the effective date of
13Public Act 97-990), the following:
14 (i) that a prisoner who is serving a term of
15 imprisonment for first degree murder or for the offense of
16 terrorism shall receive no sentence credit and shall serve
17 the entire sentence imposed by the court;
18 (ii) that a prisoner serving a sentence for attempt to
19 commit terrorism, attempt to commit first degree murder,
20 solicitation of murder, solicitation of murder for hire,
21 intentional homicide of an unborn child, predatory
22 criminal sexual assault of a child, aggravated criminal
23 sexual assault, criminal sexual assault, aggravated
24 kidnapping, aggravated battery with a firearm as described
25 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
26 or (e)(4) of Section 12-3.05, heinous battery as described

HB4697- 523 -LRB103 35722 RLC 65802 b
1 in Section 12-4.1 or subdivision (a)(2) of Section
2 12-3.05, being an armed habitual criminal, aggravated
3 battery of a senior citizen as described in Section 12-4.6
4 or subdivision (a)(4) of Section 12-3.05, or aggravated
5 battery of a child as described in Section 12-4.3 or
6 subdivision (b)(1) of Section 12-3.05 shall receive no
7 more than 4.5 days of sentence credit for each month of his
8 or her sentence of imprisonment;
9 (iii) that a prisoner serving a sentence for home
10 invasion, armed robbery, aggravated vehicular hijacking,
11 aggravated discharge of a firearm, or armed violence with
12 a category I weapon or category II weapon, when the court
13 has made and entered a finding, pursuant to subsection
14 (c-1) of Section 5-4-1 of this Code, that the conduct
15 leading to conviction for the enumerated offense resulted
16 in great bodily harm to a victim, shall receive no more
17 than 4.5 days of sentence credit for each month of his or
18 her sentence of imprisonment;
19 (iv) that a prisoner serving a sentence for aggravated
20 discharge of a firearm, whether or not the conduct leading
21 to conviction for the offense resulted in great bodily
22 harm to the victim, shall receive no more than 4.5 days of
23 sentence credit for each month of his or her sentence of
24 imprisonment;
25 (v) that a person serving a sentence for gunrunning,
26 narcotics racketeering, controlled substance trafficking,

HB4697- 524 -LRB103 35722 RLC 65802 b
1 methamphetamine trafficking, drug-induced homicide,
2 aggravated methamphetamine-related child endangerment,
3 money laundering pursuant to clause (c) (4) or (5) of
4 Section 29B-1 of the Criminal Code of 1961 or the Criminal
5 Code of 2012, or a Class X felony conviction for delivery
6 of a controlled substance, possession of a controlled
7 substance with intent to manufacture or deliver,
8 calculated criminal drug conspiracy, criminal drug
9 conspiracy, street gang criminal drug conspiracy,
10 participation in methamphetamine manufacturing,
11 aggravated participation in methamphetamine
12 manufacturing, delivery of methamphetamine, possession
13 with intent to deliver methamphetamine, aggravated
14 delivery of methamphetamine, aggravated possession with
15 intent to deliver methamphetamine, methamphetamine
16 conspiracy when the substance containing the controlled
17 substance or methamphetamine is 100 grams or more shall
18 receive no more than 7.5 days sentence credit for each
19 month of his or her sentence of imprisonment;
20 (vi) that a prisoner serving a sentence for a second
21 or subsequent offense of luring a minor shall receive no
22 more than 4.5 days of sentence credit for each month of his
23 or her sentence of imprisonment; and
24 (vii) that a prisoner serving a sentence for
25 aggravated domestic battery shall receive no more than 4.5
26 days of sentence credit for each month of his or her

HB4697- 525 -LRB103 35722 RLC 65802 b
1 sentence of imprisonment.
2 (2.1) For all offenses, other than those enumerated in
3subdivision (a)(2)(i), (ii), or (iii) committed on or after
4June 19, 1998 or subdivision (a)(2)(iv) committed on or after
5June 23, 2005 (the effective date of Public Act 94-71) or
6subdivision (a)(2)(v) committed on or after August 13, 2007
7(the effective date of Public Act 95-134) or subdivision
8(a)(2)(vi) committed on or after June 1, 2008 (the effective
9date of Public Act 95-625) or subdivision (a)(2)(vii)
10committed on or after July 23, 2010 (the effective date of
11Public Act 96-1224), and other than the offense of aggravated
12driving under the influence of alcohol, other drug or drugs,
13or intoxicating compound or compounds, or any combination
14thereof as defined in subparagraph (F) of paragraph (1) of
15subsection (d) of Section 11-501 of the Illinois Vehicle Code,
16and other than the offense of aggravated driving under the
17influence of alcohol, other drug or drugs, or intoxicating
18compound or compounds, or any combination thereof as defined
19in subparagraph (C) of paragraph (1) of subsection (d) of
20Section 11-501 of the Illinois Vehicle Code committed on or
21after January 1, 2011 (the effective date of Public Act
2296-1230), the rules and regulations shall provide that a
23prisoner who is serving a term of imprisonment shall receive
24one day of sentence credit for each day of his or her sentence
25of imprisonment or recommitment under Section 3-3-9. Each day
26of sentence credit shall reduce by one day the prisoner's

HB4697- 526 -LRB103 35722 RLC 65802 b
1period of imprisonment or recommitment under Section 3-3-9.
2 (2.2) A prisoner serving a term of natural life
3imprisonment shall receive no sentence credit.
4 (2.3) Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations on sentence credit
6shall provide that a prisoner who is serving a sentence for
7aggravated driving under the influence of alcohol, other drug
8or drugs, or intoxicating compound or compounds, or any
9combination thereof as defined in subparagraph (F) of
10paragraph (1) of subsection (d) of Section 11-501 of the
11Illinois Vehicle Code, shall receive no more than 4.5 days of
12sentence credit for each month of his or her sentence of
13imprisonment.
14 (2.4) Except as provided in paragraph (4.7) of this
15subsection (a), the rules and regulations on sentence credit
16shall provide with respect to the offenses of aggravated
17battery with a machine gun or a firearm equipped with any
18device or attachment designed or used for silencing the report
19of a firearm or aggravated discharge of a machine gun or a
20firearm equipped with any device or attachment designed or
21used for silencing the report of a firearm, committed on or
22after July 15, 1999 (the effective date of Public Act 91-121),
23that a prisoner serving a sentence for any of these offenses
24shall receive no more than 4.5 days of sentence credit for each
25month of his or her sentence of imprisonment.
26 (2.5) Except as provided in paragraph (4.7) of this

HB4697- 527 -LRB103 35722 RLC 65802 b
1subsection (a), the rules and regulations on sentence credit
2shall provide that a prisoner who is serving a sentence for
3aggravated arson committed on or after July 27, 2001 (the
4effective date of Public Act 92-176) shall receive no more
5than 4.5 days of sentence credit for each month of his or her
6sentence of imprisonment.
7 (2.6) Except as provided in paragraph (4.7) of this
8subsection (a), the rules and regulations on sentence credit
9shall provide that a prisoner who is serving a sentence for
10aggravated driving under the influence of alcohol, other drug
11or drugs, or intoxicating compound or compounds or any
12combination thereof as defined in subparagraph (C) of
13paragraph (1) of subsection (d) of Section 11-501 of the
14Illinois Vehicle Code committed on or after January 1, 2011
15(the effective date of Public Act 96-1230) shall receive no
16more than 4.5 days of sentence credit for each month of his or
17her sentence of imprisonment.
18 (3) In addition to the sentence credits earned under
19paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
20subsection (a), the rules and regulations shall also provide
21that the Director of Corrections or the Director of Juvenile
22Justice may award up to 180 days of earned sentence credit for
23prisoners serving a sentence of incarceration of less than 5
24years, and up to 365 days of earned sentence credit for
25prisoners serving a sentence of 5 years or longer. The
26Director may grant this credit for good conduct in specific

HB4697- 528 -LRB103 35722 RLC 65802 b
1instances as the either Director deems proper for eligible
2persons in the custody of each Director's respective
3Department. The good conduct may include, but is not limited
4to, compliance with the rules and regulations of the
5Department, service to the Department, service to a community,
6or service to the State.
7 Eligible inmates for an award of earned sentence credit
8under this paragraph (3) may be selected to receive the credit
9at the either Director's or his or her designee's sole
10discretion. Eligibility for the additional earned sentence
11credit under this paragraph (3) shall may be based on, but is
12not limited to, participation in programming offered by the
13Department as appropriate for the prisoner based on the
14results of any available risk/needs assessment or other
15relevant assessments or evaluations administered by the
16Department using a validated instrument, the circumstances of
17the crime, any demonstrated commitment to rehabilitation by a
18prisoner with a history of conviction for a forcible felony
19enumerated in Section 2-8 of the Criminal Code of 2012, the
20inmate's behavior and improvements in disciplinary history
21while incarcerated, and the inmate's commitment to
22rehabilitation, including participation in programming offered
23by the Department.
24 The Director of Corrections or the Director of Juvenile
25Justice shall not award sentence credit under this paragraph
26(3) to an inmate unless the inmate has served a minimum of 60

HB4697- 529 -LRB103 35722 RLC 65802 b
1days of the sentence, including time served in a county jail;
2except nothing in this paragraph shall be construed to permit
3either Director to extend an inmate's sentence beyond that
4which was imposed by the court. Prior to awarding credit under
5this paragraph (3), each Director shall make a written
6determination that the inmate:
7 (A) is eligible for the earned sentence credit;
8 (B) has served a minimum of 60 days, or as close to 60
9 days as the sentence will allow;
10 (B-1) has received a risk/needs assessment or other
11 relevant evaluation or assessment administered by the
12 Department using a validated instrument; and
13 (C) has met the eligibility criteria established by
14 rule for earned sentence credit.
15 The Director of Corrections or the Director of Juvenile
16Justice shall determine the form and content of the written
17determination required in this subsection.
18 (3.5) The Department shall provide annual written reports
19to the Governor and the General Assembly on the award of earned
20sentence credit no later than February 1 of each year. The
21Department must publish both reports on its website within 48
22hours of transmitting the reports to the Governor and the
23General Assembly. The reports must include:
24 (A) the number of inmates awarded earned sentence
25 credit;
26 (B) the average amount of earned sentence credit

HB4697- 530 -LRB103 35722 RLC 65802 b
1 awarded;
2 (C) the holding offenses of inmates awarded earned
3 sentence credit; and
4 (D) the number of earned sentence credit revocations.
5 (4)(A) Except as provided in paragraph (4.7) of this
6subsection (a), the rules and regulations shall also provide
7that the sentence credit accumulated and retained under
8paragraph (2.1) of subsection (a) of this Section by any
9inmate during specific periods of time in which such inmate
10any prisoner who is engaged full-time in substance abuse
11programs, correctional industry assignments, educational
12programs, work-release programs or activities in accordance
13with Article 13 of Chapter III of this Code, behavior
14modification programs, life skills courses, or re-entry
15planning provided by the Department under this paragraph (4)
16and satisfactorily completes the assigned program as
17determined by the standards of the Department, shall receive
18be multiplied by a factor of 1.25 for program participation
19before August 11, 1993 and 1.50 for program participation on
20or after that date one day of sentence credit for each day in
21which that prisoner is engaged in the activities described in
22this paragraph. The rules and regulations shall also provide
23that sentence credit, subject to the same offense limits and
24multiplier provided in this paragraph, may be provided to an
25inmate who was held in pre-trial detention prior to his or her
26current commitment to the Department of Corrections and

HB4697- 531 -LRB103 35722 RLC 65802 b
1successfully completed a full-time, 60-day or longer substance
2abuse program, educational program, behavior modification
3program, life skills course, or re-entry planning provided by
4the county department of corrections or county jail.
5Calculation of this county program credit shall be done at
6sentencing as provided in Section 5-4.5-100 of this Code and
7shall be included in the sentencing order. However, no inmate
8shall be eligible for the additional sentence credit under
9this paragraph (4) or (4.1) of this subsection (a) while
10assigned to a boot camp or electronic detention The rules and
11regulations shall also provide that sentence credit may be
12provided to an inmate who is in compliance with programming
13requirements in an adult transition center.
14 (B) The Department shall award sentence credit under this
15paragraph (4) accumulated prior to January 1, 2020 (the
16effective date of Public Act 101-440) in an amount specified
17in subparagraph (C) of this paragraph (4) to an inmate serving
18a sentence for an offense committed prior to June 19, 1998, if
19the Department determines that the inmate is entitled to this
20sentence credit, based upon:
21 (i) documentation provided by the Department that the
22 inmate engaged in any full-time substance abuse programs,
23 correctional industry assignments, educational programs,
24 behavior modification programs, life skills courses, or
25 re-entry planning provided by the Department under this
26 paragraph (4) and satisfactorily completed the assigned

HB4697- 532 -LRB103 35722 RLC 65802 b
1 program as determined by the standards of the Department
2 during the inmate's current term of incarceration; or
3 (ii) the inmate's own testimony in the form of an
4 affidavit or documentation, or a third party's
5 documentation or testimony in the form of an affidavit
6 that the inmate likely engaged in any full-time substance
7 abuse programs, correctional industry assignments,
8 educational programs, behavior modification programs, life
9 skills courses, or re-entry planning provided by the
10 Department under paragraph (4) and satisfactorily
11 completed the assigned program as determined by the
12 standards of the Department during the inmate's current
13 term of incarceration.
14 (C) If the inmate can provide documentation that he or she
15is entitled to sentence credit under subparagraph (B) in
16excess of 45 days of participation in those programs, the
17inmate shall receive 90 days of sentence credit. If the inmate
18cannot provide documentation of more than 45 days of
19participation in those programs, the inmate shall receive 45
20days of sentence credit. In the event of a disagreement
21between the Department and the inmate as to the amount of
22credit accumulated under subparagraph (B), if the Department
23provides documented proof of a lesser amount of days of
24participation in those programs, that proof shall control. If
25the Department provides no documentary proof, the inmate's
26proof as set forth in clause (ii) of subparagraph (B) shall

HB4697- 533 -LRB103 35722 RLC 65802 b
1control as to the amount of sentence credit provided.
2 (D) If the inmate has been convicted of a sex offense as
3defined in Section 2 of the Sex Offender Registration Act,
4sentencing credits under subparagraph (B) of this paragraph
5(4) shall be awarded by the Department only if the conditions
6set forth in paragraph (4.6) of subsection (a) are satisfied.
7No inmate serving a term of natural life imprisonment shall
8receive sentence credit under subparagraph (B) of this
9paragraph (4).
10 (E) The rules and regulations shall provide for the
11recalculation of program credits awarded pursuant to this
12paragraph (4) prior to July 1, 2021 (the effective date of
13Public Act 101-652) at the rate set for such credits on and
14after July 1, 2021.
15 Educational, vocational, substance abuse, behavior
16modification programs, life skills courses, re-entry planning,
17and correctional industry programs under which sentence credit
18may be earned under this paragraph (4) and paragraph (4.1) of
19this subsection (a) shall be evaluated by the Department on
20the basis of documented standards. The Department shall report
21the results of these evaluations to the Governor and the
22General Assembly by September 30th of each year. The reports
23shall include data relating to the recidivism rate among
24program participants.
25 Availability of these programs shall be subject to the
26limits of fiscal resources appropriated by the General

HB4697- 534 -LRB103 35722 RLC 65802 b
1Assembly for these purposes. Eligible inmates who are denied
2immediate admission shall be placed on a waiting list under
3criteria established by the Department. The rules and
4regulations shall provide that a prisoner who has been placed
5on a waiting list but is transferred for non-disciplinary
6reasons before beginning a program shall receive priority
7placement on the waitlist for appropriate programs at the new
8facility. The inability of any inmate to become engaged in any
9such programs by reason of insufficient program resources or
10for any other reason established under the rules and
11regulations of the Department shall not be deemed a cause of
12action under which the Department or any employee or agent of
13the Department shall be liable for damages to the inmate. The
14rules and regulations shall provide that a prisoner who begins
15an educational, vocational, substance abuse, work-release
16programs or activities in accordance with Article 13 of
17Chapter III of this Code, behavior modification program, life
18skills course, re-entry planning, or correctional industry
19programs but is unable to complete the program due to illness,
20disability, transfer, lockdown, or another reason outside of
21the prisoner's control shall receive prorated sentence credits
22for the days in which the prisoner did participate.
23 (4.1) Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations shall also provide
25that an additional 90 days of sentence credit shall be awarded
26to any prisoner who passes high school equivalency testing

HB4697- 535 -LRB103 35722 RLC 65802 b
1while the prisoner is committed to the Department of
2Corrections. The sentence credit awarded under this paragraph
3(4.1) shall be in addition to, and shall not affect, the award
4of sentence credit under any other paragraph of this Section,
5but shall also be pursuant to the guidelines and restrictions
6set forth in paragraph (4) of subsection (a) of this Section.
7The sentence credit provided for in this paragraph shall be
8available only to those prisoners who have not previously
9earned a high school diploma or a State of Illinois High School
10Diploma. If, after an award of the high school equivalency
11testing sentence credit has been made, the Department
12determines that the prisoner was not eligible, then the award
13shall be revoked. The Department may also award 90 days of
14sentence credit to any committed person who passed high school
15equivalency testing while he or she was held in pre-trial
16detention prior to the current commitment to the Department of
17Corrections. Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations shall provide that
19an additional 120 days of sentence credit shall be awarded to
20any prisoner who obtains an associate degree while the
21prisoner is committed to the Department of Corrections,
22regardless of the date that the associate degree was obtained,
23including if prior to July 1, 2021 (the effective date of
24Public Act 101-652). The sentence credit awarded under this
25paragraph (4.1) shall be in addition to, and shall not affect,
26the award of sentence credit under any other paragraph of this

HB4697- 536 -LRB103 35722 RLC 65802 b
1Section, but shall also be under the guidelines and
2restrictions set forth in paragraph (4) of subsection (a) of
3this Section. The sentence credit provided for in this
4paragraph (4.1) shall be available only to those prisoners who
5have not previously earned an associate degree prior to the
6current commitment to the Department of Corrections. If, after
7an award of the associate degree sentence credit has been made
8and the Department determines that the prisoner was not
9eligible, then the award shall be revoked. The Department may
10also award 120 days of sentence credit to any committed person
11who earned an associate degree while he or she was held in
12pre-trial detention prior to the current commitment to the
13Department of Corrections.
14 Except as provided in paragraph (4.7) of this subsection
15(a), the rules and regulations shall provide that an
16additional 180 days of sentence credit shall be awarded to any
17prisoner who obtains a bachelor's degree while the prisoner is
18committed to the Department of Corrections. The sentence
19credit awarded under this paragraph (4.1) shall be in addition
20to, and shall not affect, the award of sentence credit under
21any other paragraph of this Section, but shall also be under
22the guidelines and restrictions set forth in paragraph (4) of
23this subsection (a). The sentence credit provided for in this
24paragraph shall be available only to those prisoners who have
25not earned a bachelor's degree prior to the current commitment
26to the Department of Corrections. If, after an award of the

HB4697- 537 -LRB103 35722 RLC 65802 b
1bachelor's degree sentence credit has been made, the
2Department determines that the prisoner was not eligible, then
3the award shall be revoked. The Department may also award 180
4days of sentence credit to any committed person who earned a
5bachelor's degree while he or she was held in pre-trial
6detention prior to the current commitment to the Department of
7Corrections.
8 Except as provided in paragraph (4.7) of this subsection
9(a), the rules and regulations shall provide that an
10additional 180 days of sentence credit shall be awarded to any
11prisoner who obtains a master's or professional degree while
12the prisoner is committed to the Department of Corrections.
13The sentence credit awarded under this paragraph (4.1) shall
14be in addition to, and shall not affect, the award of sentence
15credit under any other paragraph of this Section, but shall
16also be under the guidelines and restrictions set forth in
17paragraph (4) of this subsection (a). The sentence credit
18provided for in this paragraph shall be available only to
19those prisoners who have not previously earned a master's or
20professional degree prior to the current commitment to the
21Department of Corrections. If, after an award of the master's
22or professional degree sentence credit has been made, the
23Department determines that the prisoner was not eligible, then
24the award shall be revoked. The Department may also award 180
25days of sentence credit to any committed person who earned a
26master's or professional degree while he or she was held in

HB4697- 538 -LRB103 35722 RLC 65802 b
1pre-trial detention prior to the current commitment to the
2Department of Corrections.
3 (4.2)(A) The rules and regulations shall also provide that
4any prisoner engaged in self-improvement programs, volunteer
5work, or work assignments that are not otherwise eligible
6activities under paragraph (4), shall receive up to 0.5 days
7of sentence credit for each day in which the prisoner is
8engaged in activities described in this paragraph.
9 (B) The rules and regulations shall provide for the award
10of sentence credit under this paragraph (4.2) for qualifying
11days of engagement in eligible activities occurring prior to
12July 1, 2021 (the effective date of Public Act 101-652).
13 (4.5) The rules and regulations on sentence credit shall
14also provide that when the court's sentencing order recommends
15a prisoner for substance abuse treatment and the crime was
16committed on or after September 1, 2003 (the effective date of
17Public Act 93-354), the prisoner shall receive no sentence
18credit awarded under clause (3) of this subsection (a) unless
19he or she participates in and completes a substance abuse
20treatment program. The Director of Corrections may waive the
21requirement to participate in or complete a substance abuse
22treatment program in specific instances if the prisoner is not
23a good candidate for a substance abuse treatment program for
24medical, programming, or operational reasons. Availability of
25substance abuse treatment shall be subject to the limits of
26fiscal resources appropriated by the General Assembly for

HB4697- 539 -LRB103 35722 RLC 65802 b
1these purposes. If treatment is not available and the
2requirement to participate and complete the treatment has not
3been waived by the Director, the prisoner shall be placed on a
4waiting list under criteria established by the Department. The
5Director may allow a prisoner placed on a waiting list to
6participate in and complete a substance abuse education class
7or attend substance abuse self-help meetings in lieu of a
8substance abuse treatment program. A prisoner on a waiting
9list who is not placed in a substance abuse program prior to
10release may be eligible for a waiver and receive sentence
11credit under clause (3) of this subsection (a) at the
12discretion of the Director.
13 (4.6) The rules and regulations on sentence credit shall
14also provide that a prisoner who has been convicted of a sex
15offense as defined in Section 2 of the Sex Offender
16Registration Act shall receive no sentence credit unless he or
17she either has successfully completed or is participating in
18sex offender treatment as defined by the Sex Offender
19Management Board. However, prisoners who are waiting to
20receive treatment, but who are unable to do so due solely to
21the lack of resources on the part of the Department, may, at
22either Director's sole discretion, be awarded sentence credit
23at a rate as the Director shall determine.
24 (4.7) On or after January 1, 2018 (the effective date of
25Public Act 100-3), sentence credit under paragraph (3), (4),
26or (4.1) of this subsection (a) may be awarded to a prisoner

HB4697- 540 -LRB103 35722 RLC 65802 b
1who is serving a sentence for an offense described in
2paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
3on or after January 1, 2018 (the effective date of Public Act
4100-3); provided, the award of the credits under this
5paragraph (4.7) shall not reduce the sentence of the prisoner
6to less than the following amounts:
7 (i) 85% of his or her sentence if the prisoner is
8 required to serve 85% of his or her sentence; or
9 (ii) 60% of his or her sentence if the prisoner is
10 required to serve 75% of his or her sentence, except if the
11 prisoner is serving a sentence for gunrunning his or her
12 sentence shall not be reduced to less than 75%.
13 (iii) 100% of his or her sentence if the prisoner is
14 required to serve 100% of his or her sentence.
15 (5) Whenever the Department is to release any inmate
16earlier than it otherwise would because of a grant of earned
17sentence credit under paragraph (3) of subsection (a) of this
18Section given at any time during the term, the Department
19shall give reasonable notice of the impending release not less
20than 14 days prior to the date of the release to the State's
21Attorney of the county where the prosecution of the inmate
22took place, and if applicable, the State's Attorney of the
23county into which the inmate will be released. The Department
24must also make identification information and a recent photo
25of the inmate being released accessible on the Internet by
26means of a hyperlink labeled "Community Notification of Inmate

HB4697- 541 -LRB103 35722 RLC 65802 b
1Early Release" on the Department's World Wide Web homepage.
2The identification information shall include the inmate's:
3name, any known alias, date of birth, physical
4characteristics, commitment offense, and county where
5conviction was imposed. The identification information shall
6be placed on the website within 3 days of the inmate's release
7and the information may not be removed until either:
8completion of the first year of mandatory supervised release
9or return of the inmate to custody of the Department.
10 (b) Whenever a person is or has been committed under
11several convictions, with separate sentences, the sentences
12shall be construed under Section 5-8-4 in granting and
13forfeiting of sentence credit.
14 (c) (1) The Department shall prescribe rules and
15regulations for revoking sentence credit, including revoking
16sentence credit awarded under paragraph (3) of subsection (a)
17of this Section. The Department shall prescribe rules and
18regulations establishing and requiring the use of a sanctions
19matrix for revoking sentence credit. The Department shall
20prescribe rules and regulations for suspending or reducing the
21rate of accumulation of sentence credit for specific rule
22violations, during imprisonment. These rules and regulations
23shall provide that no inmate may be penalized more than one
24year of sentence credit for any one infraction.
25 (2) When the Department seeks to revoke, suspend, or
26reduce the rate of accumulation of any sentence credits for an

HB4697- 542 -LRB103 35722 RLC 65802 b
1alleged infraction of its rules, it shall bring charges
2therefor against the prisoner sought to be so deprived of
3sentence credits before the Prisoner Review Board as provided
4in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
5amount of credit at issue exceeds 30 days, whether from one
6infraction or cumulatively from multiple infractions arising
7out of a single event, or when, during any 12-month period, the
8cumulative amount of credit revoked exceeds 30 days except
9where the infraction is committed or discovered within 60 days
10of scheduled release. In those cases, the Department of
11Corrections may revoke up to 30 days of sentence credit. The
12Board may subsequently approve the revocation of additional
13sentence credit, if the Department seeks to revoke sentence
14credit in excess of 30 days. However, the Board shall not be
15empowered to review the Department's decision with respect to
16the loss of 30 days of sentence credit within any calendar year
17for any prisoner or to increase any penalty beyond the length
18requested by the Department.
19 (3) The Director of Corrections or the Director of
20Juvenile Justice, in appropriate cases, may restore up to 30
21days of sentence credits which have been revoked, suspended,
22or reduced. Any restoration of sentence credits in excess of
2330 days shall be subject to review by the Prisoner Review
24Board. However, the Board may not restore sentence credit in
25excess of the amount requested by the Director The Department
26shall prescribe rules and regulations governing the

HB4697- 543 -LRB103 35722 RLC 65802 b
1restoration of sentence credits. These rules and regulations
2shall provide for the automatic restoration of sentence
3credits following a period in which the prisoner maintains a
4record without a disciplinary violation.
5 Nothing contained in this Section shall prohibit the
6Prisoner Review Board from ordering, pursuant to Section
73-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
8sentence imposed by the court that was not served due to the
9accumulation of sentence credit.
10 (d) If a lawsuit is filed by a prisoner in an Illinois or
11federal court against the State, the Department of
12Corrections, or the Prisoner Review Board, or against any of
13their officers or employees, and the court makes a specific
14finding that a pleading, motion, or other paper filed by the
15prisoner is frivolous, the Department of Corrections shall
16conduct a hearing to revoke up to 180 days of sentence credit
17by bringing charges against the prisoner sought to be deprived
18of the sentence credits before the Prisoner Review Board as
19provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
20If the prisoner has not accumulated 180 days of sentence
21credit at the time of the finding, then the Prisoner Review
22Board may revoke all sentence credit accumulated by the
23prisoner.
24 For purposes of this subsection (d):
25 (1) "Frivolous" means that a pleading, motion, or
26 other filing which purports to be a legal document filed

HB4697- 544 -LRB103 35722 RLC 65802 b
1 by a prisoner in his or her lawsuit meets any or all of the
2 following criteria:
3 (A) it lacks an arguable basis either in law or in
4 fact;
5 (B) it is being presented for any improper
6 purpose, such as to harass or to cause unnecessary
7 delay or needless increase in the cost of litigation;
8 (C) the claims, defenses, and other legal
9 contentions therein are not warranted by existing law
10 or by a nonfrivolous argument for the extension,
11 modification, or reversal of existing law or the
12 establishment of new law;
13 (D) the allegations and other factual contentions
14 do not have evidentiary support or, if specifically so
15 identified, are not likely to have evidentiary support
16 after a reasonable opportunity for further
17 investigation or discovery; or
18 (E) the denials of factual contentions are not
19 warranted on the evidence, or if specifically so
20 identified, are not reasonably based on a lack of
21 information or belief.
22 (2) "Lawsuit" means a motion pursuant to Section 116-3
23 of the Code of Criminal Procedure of 1963, a habeas corpus
24 action under Article X of the Code of Civil Procedure or
25 under federal law (28 U.S.C. 2254), a petition for claim
26 under the Court of Claims Act, an action under the federal

HB4697- 545 -LRB103 35722 RLC 65802 b
1 Civil Rights Act (42 U.S.C. 1983), or a second or
2 subsequent petition for post-conviction relief under
3 Article 122 of the Code of Criminal Procedure of 1963
4 whether filed with or without leave of court or a second or
5 subsequent petition for relief from judgment under Section
6 2-1401 of the Code of Civil Procedure.
7 (e) Nothing in Public Act 90-592 or 90-593 affects the
8validity of Public Act 89-404.
9 (f) Whenever the Department is to release any inmate who
10has been convicted of a violation of an order of protection
11under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
12the Criminal Code of 2012, earlier than it otherwise would
13because of a grant of sentence credit, the Department, as a
14condition of release, shall require that the person, upon
15release, be placed under electronic surveillance as provided
16in Section 5-8A-7 of this Code.
17(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
18102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
191-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised
209-18-23.)
21 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
22 Sec. 5-4-1. Sentencing hearing.
23 (a) After a determination of guilt, a hearing shall be
24held to impose the sentence. However, prior to the imposition
25of sentence on an individual being sentenced for an offense

HB4697- 546 -LRB103 35722 RLC 65802 b
1based upon a charge for a violation of Section 11-501 of the
2Illinois Vehicle Code or a similar provision of a local
3ordinance, the individual must undergo a professional
4evaluation to determine if an alcohol or other drug abuse
5problem exists and the extent of such a problem. Programs
6conducting these evaluations shall be licensed by the
7Department of Human Services. However, if the individual is
8not a resident of Illinois, the court may, in its discretion,
9accept an evaluation from a program in the state of such
10individual's residence. The court shall make a specific
11finding about whether the defendant is eligible for
12participation in a Department impact incarceration program as
13provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
14explanation as to why a sentence to impact incarceration is
15not an appropriate sentence. The court may in its sentencing
16order recommend a defendant for placement in a Department of
17Corrections substance abuse treatment program as provided in
18paragraph (a) of subsection (1) of Section 3-2-2 conditioned
19upon the defendant being accepted in a program by the
20Department of Corrections. At the hearing the court shall:
21 (1) consider the evidence, if any, received upon the
22 trial;
23 (2) consider any presentence reports;
24 (3) consider the financial impact of incarceration
25 based on the financial impact statement filed with the
26 clerk of the court by the Department of Corrections;

HB4697- 547 -LRB103 35722 RLC 65802 b
1 (4) consider evidence and information offered by the
2 parties in aggravation and mitigation;
3 (4.5) consider substance abuse treatment, eligibility
4 screening, and an assessment, if any, of the defendant by
5 an agent designated by the State of Illinois to provide
6 assessment services for the Illinois courts;
7 (5) hear arguments as to sentencing alternatives;
8 (6) afford the defendant the opportunity to make a
9 statement in his own behalf;
10 (7) afford the victim of a violent crime or a
11 violation of Section 11-501 of the Illinois Vehicle Code,
12 or a similar provision of a local ordinance, the
13 opportunity to present an oral or written statement, as
14 guaranteed by Article I, Section 8.1 of the Illinois
15 Constitution and provided in Section 6 of the Rights of
16 Crime Victims and Witnesses Act. The court shall allow a
17 victim to make an oral statement if the victim is present
18 in the courtroom and requests to make an oral or written
19 statement. An oral or written statement includes the
20 victim or a representative of the victim reading the
21 written statement. The court may allow persons impacted by
22 the crime who are not victims under subsection (a) of
23 Section 3 of the Rights of Crime Victims and Witnesses Act
24 to present an oral or written statement. A victim and any
25 person making an oral statement shall not be put under
26 oath or subject to cross-examination. All statements

HB4697- 548 -LRB103 35722 RLC 65802 b
1 offered under this paragraph (7) shall become part of the
2 record of the court. In this paragraph (7), "victim of a
3 violent crime" means a person who is a victim of a violent
4 crime for which the defendant has been convicted after a
5 bench or jury trial or a person who is the victim of a
6 violent crime with which the defendant was charged and the
7 defendant has been convicted under a plea agreement of a
8 crime that is not a violent crime as defined in subsection
9 (c) of 3 of the Rights of Crime Victims and Witnesses Act;
10 (7.5) afford a qualified person affected by: (i) a
11 violation of Section 405, 405.1, 405.2, or 407 of the
12 Illinois Controlled Substances Act or a violation of
13 Section 55 or Section 65 of the Methamphetamine Control
14 and Community Protection Act; or (ii) a Class 4 felony
15 violation of Section 11-14, 11-14.3 except as described in
16 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
17 11-18.1, or 11-19 of the Criminal Code of 1961 or the
18 Criminal Code of 2012, committed by the defendant the
19 opportunity to make a statement concerning the impact on
20 the qualified person and to offer evidence in aggravation
21 or mitigation; provided that the statement and evidence
22 offered in aggravation or mitigation shall first be
23 prepared in writing in conjunction with the State's
24 Attorney before it may be presented orally at the hearing.
25 Sworn testimony offered by the qualified person is subject
26 to the defendant's right to cross-examine. All statements

HB4697- 549 -LRB103 35722 RLC 65802 b
1 and evidence offered under this paragraph (7.5) shall
2 become part of the record of the court. In this paragraph
3 (7.5), "qualified person" means any person who: (i) lived
4 or worked within the territorial jurisdiction where the
5 offense took place when the offense took place; or (ii) is
6 familiar with various public places within the territorial
7 jurisdiction where the offense took place when the offense
8 took place. "Qualified person" includes any peace officer
9 or any member of any duly organized State, county, or
10 municipal peace officer unit assigned to the territorial
11 jurisdiction where the offense took place when the offense
12 took place;
13 (8) in cases of reckless homicide afford the victim's
14 spouse, guardians, parents or other immediate family
15 members an opportunity to make oral statements;
16 (9) in cases involving a felony sex offense as defined
17 under the Sex Offender Management Board Act, consider the
18 results of the sex offender evaluation conducted pursuant
19 to Section 5-3-2 of this Act; and
20 (10) make a finding of whether a motor vehicle was
21 used in the commission of the offense for which the
22 defendant is being sentenced.
23 (b) All sentences shall be imposed by the judge based upon
24his independent assessment of the elements specified above and
25any agreement as to sentence reached by the parties. The judge
26who presided at the trial or the judge who accepted the plea of

HB4697- 550 -LRB103 35722 RLC 65802 b
1guilty shall impose the sentence unless he is no longer
2sitting as a judge in that court. Where the judge does not
3impose sentence at the same time on all defendants who are
4convicted as a result of being involved in the same offense,
5the defendant or the State's Attorney may advise the
6sentencing court of the disposition of any other defendants
7who have been sentenced.
8 (b-1) In imposing a sentence of imprisonment or periodic
9imprisonment for a Class 3 or Class 4 felony for which a
10sentence of probation or conditional discharge is an available
11sentence, if the defendant has no prior sentence of probation
12or conditional discharge and no prior conviction for a violent
13crime, the defendant shall not be sentenced to imprisonment
14before review and consideration of a presentence report and
15determination and explanation of why the particular evidence,
16information, factor in aggravation, factual finding, or other
17reasons support a sentencing determination that one or more of
18the factors under subsection (a) of Section 5-6-1 of this Code
19apply and that probation or conditional discharge is not an
20appropriate sentence.
21 (c) In imposing a sentence for a violent crime or for an
22offense of operating or being in physical control of a vehicle
23while under the influence of alcohol, any other drug or any
24combination thereof, or a similar provision of a local
25ordinance, when such offense resulted in the personal injury
26to someone other than the defendant, the trial judge shall

HB4697- 551 -LRB103 35722 RLC 65802 b
1specify on the record the particular evidence, information,
2factors in mitigation and aggravation or other reasons that
3led to his sentencing determination. The full verbatim record
4of the sentencing hearing shall be filed with the clerk of the
5court and shall be a public record.
6 (c-1) In imposing a sentence for the offense of aggravated
7kidnapping for ransom, home invasion, armed robbery,
8aggravated vehicular hijacking, aggravated discharge of a
9firearm, or armed violence with a category I weapon or
10category II weapon, the trial judge shall make a finding as to
11whether the conduct leading to conviction for the offense
12resulted in great bodily harm to a victim, and shall enter that
13finding and the basis for that finding in the record.
14 (c-1.5) (Blank). Notwithstanding any other provision of
15law to the contrary, in imposing a sentence for an offense that
16requires a mandatory minimum sentence of imprisonment, the
17court may instead sentence the offender to probation,
18conditional discharge, or a lesser term of imprisonment it
19deems appropriate if: (1) the offense involves the use or
20possession of drugs, retail theft, or driving on a revoked
21license due to unpaid financial obligations; (2) the court
22finds that the defendant does not pose a risk to public safety;
23and (3) the interest of justice requires imposing a term of
24probation, conditional discharge, or a lesser term of
25imprisonment. The court must state on the record its reasons
26for imposing probation, conditional discharge, or a lesser

HB4697- 552 -LRB103 35722 RLC 65802 b
1term of imprisonment.
2 (c-2) If the defendant is sentenced to prison, other than
3when a sentence of natural life imprisonment is imposed, at
4the time the sentence is imposed the judge shall state on the
5record in open court the approximate period of time the
6defendant will serve in custody according to the then current
7statutory rules and regulations for sentence credit found in
8Section 3-6-3 and other related provisions of this Code. This
9statement is intended solely to inform the public, has no
10legal effect on the defendant's actual release, and may not be
11relied on by the defendant on appeal.
12 The judge's statement, to be given after pronouncing the
13sentence, other than when the sentence is imposed for one of
14the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
15shall include the following:
16 "The purpose of this statement is to inform the public of
17the actual period of time this defendant is likely to spend in
18prison as a result of this sentence. The actual period of
19prison time served is determined by the statutes of Illinois
20as applied to this sentence by the Illinois Department of
21Corrections and the Illinois Prisoner Review Board. In this
22case, assuming the defendant receives all of his or her
23sentence credit, the period of estimated actual custody is ...
24years and ... months, less up to 180 days additional earned
25sentence credit. If the defendant, because of his or her own
26misconduct or failure to comply with the institutional

HB4697- 553 -LRB103 35722 RLC 65802 b
1regulations, does not receive those credits, the actual time
2served in prison will be longer. The defendant may also
3receive an additional one-half day sentence credit for each
4day of participation in vocational, industry, substance abuse,
5and educational programs as provided for by Illinois statute."
6 When the sentence is imposed for one of the offenses
7enumerated in paragraph (a)(2) of Section 3-6-3, other than
8first degree murder, and the offense was committed on or after
9June 19, 1998, and when the sentence is imposed for reckless
10homicide as defined in subsection (e) of Section 9-3 of the
11Criminal Code of 1961 or the Criminal Code of 2012 if the
12offense was committed on or after January 1, 1999, and when the
13sentence is imposed for aggravated driving under the influence
14of alcohol, other drug or drugs, or intoxicating compound or
15compounds, or any combination thereof as defined in
16subparagraph (F) of paragraph (1) of subsection (d) of Section
1711-501 of the Illinois Vehicle Code, and when the sentence is
18imposed for aggravated arson if the offense was committed on
19or after July 27, 2001 (the effective date of Public Act
2092-176), and when the sentence is imposed for aggravated
21driving under the influence of alcohol, other drug or drugs,
22or intoxicating compound or compounds, or any combination
23thereof as defined in subparagraph (C) of paragraph (1) of
24subsection (d) of Section 11-501 of the Illinois Vehicle Code
25committed on or after January 1, 2011 (the effective date of
26Public Act 96-1230), the judge's statement, to be given after

HB4697- 554 -LRB103 35722 RLC 65802 b
1pronouncing the sentence, shall include the following:
2 "The purpose of this statement is to inform the public of
3the actual period of time this defendant is likely to spend in
4prison as a result of this sentence. The actual period of
5prison time served is determined by the statutes of Illinois
6as applied to this sentence by the Illinois Department of
7Corrections and the Illinois Prisoner Review Board. In this
8case, the defendant is entitled to no more than 4 1/2 days of
9sentence credit for each month of his or her sentence of
10imprisonment. Therefore, this defendant will serve at least
1185% of his or her sentence. Assuming the defendant receives 4
121/2 days credit for each month of his or her sentence, the
13period of estimated actual custody is ... years and ...
14months. If the defendant, because of his or her own misconduct
15or failure to comply with the institutional regulations
16receives lesser credit, the actual time served in prison will
17be longer."
18 When a sentence of imprisonment is imposed for first
19degree murder and the offense was committed on or after June
2019, 1998, the judge's statement, to be given after pronouncing
21the sentence, shall include the following:
22 "The purpose of this statement is to inform the public of
23the actual period of time this defendant is likely to spend in
24prison as a result of this sentence. The actual period of
25prison time served is determined by the statutes of Illinois
26as applied to this sentence by the Illinois Department of

HB4697- 555 -LRB103 35722 RLC 65802 b
1Corrections and the Illinois Prisoner Review Board. In this
2case, the defendant is not entitled to sentence credit.
3Therefore, this defendant will serve 100% of his or her
4sentence."
5 When the sentencing order recommends placement in a
6substance abuse program for any offense that results in
7incarceration in a Department of Corrections facility and the
8crime was committed on or after September 1, 2003 (the
9effective date of Public Act 93-354), the judge's statement,
10in addition to any other judge's statement required under this
11Section, to be given after pronouncing the sentence, shall
12include the following:
13 "The purpose of this statement is to inform the public of
14the actual period of time this defendant is likely to spend in
15prison as a result of this sentence. The actual period of
16prison time served is determined by the statutes of Illinois
17as applied to this sentence by the Illinois Department of
18Corrections and the Illinois Prisoner Review Board. In this
19case, the defendant shall receive no earned sentence credit
20under clause (3) of subsection (a) of Section 3-6-3 until he or
21she participates in and completes a substance abuse treatment
22program or receives a waiver from the Director of Corrections
23pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
24 (c-4) Before the sentencing hearing and as part of the
25presentence investigation under Section 5-3-1, the court shall
26inquire of the defendant whether the defendant is currently

HB4697- 556 -LRB103 35722 RLC 65802 b
1serving in or is a veteran of the Armed Forces of the United
2States. If the defendant is currently serving in the Armed
3Forces of the United States or is a veteran of the Armed Forces
4of the United States and has been diagnosed as having a mental
5illness by a qualified psychiatrist or clinical psychologist
6or physician, the court may:
7 (1) order that the officer preparing the presentence
8 report consult with the United States Department of
9 Veterans Affairs, Illinois Department of Veterans'
10 Affairs, or another agency or person with suitable
11 knowledge or experience for the purpose of providing the
12 court with information regarding treatment options
13 available to the defendant, including federal, State, and
14 local programming; and
15 (2) consider the treatment recommendations of any
16 diagnosing or treating mental health professionals
17 together with the treatment options available to the
18 defendant in imposing sentence.
19 For the purposes of this subsection (c-4), "qualified
20psychiatrist" means a reputable physician licensed in Illinois
21to practice medicine in all its branches, who has specialized
22in the diagnosis and treatment of mental and nervous disorders
23for a period of not less than 5 years.
24 (c-6) In imposing a sentence, the trial judge shall
25specify, on the record, the particular evidence and other
26reasons which led to his or her determination that a motor

HB4697- 557 -LRB103 35722 RLC 65802 b
1vehicle was used in the commission of the offense.
2 (c-7) (Blank). In imposing a sentence for a Class 3 or 4
3felony, other than a violent crime as defined in Section 3 of
4the Rights of Crime Victims and Witnesses Act, the court shall
5determine and indicate in the sentencing order whether the
6defendant has 4 or more or fewer than 4 months remaining on his
7or her sentence accounting for time served.
8 (d) When the defendant is committed to the Department of
9Corrections, the State's Attorney shall and counsel for the
10defendant may file a statement with the clerk of the court to
11be transmitted to the department, agency or institution to
12which the defendant is committed to furnish such department,
13agency or institution with the facts and circumstances of the
14offense for which the person was committed together with all
15other factual information accessible to them in regard to the
16person prior to his commitment relative to his habits,
17associates, disposition and reputation and any other facts and
18circumstances which may aid such department, agency or
19institution during its custody of such person. The clerk shall
20within 10 days after receiving any such statements transmit a
21copy to such department, agency or institution and a copy to
22the other party, provided, however, that this shall not be
23cause for delay in conveying the person to the department,
24agency or institution to which he has been committed.
25 (e) The clerk of the court shall transmit to the
26department, agency or institution, if any, to which the

HB4697- 558 -LRB103 35722 RLC 65802 b
1defendant is committed, the following:
2 (1) the sentence imposed;
3 (2) any statement by the court of the basis for
4 imposing the sentence;
5 (3) any presentence reports;
6 (3.3) the person's last known complete street address
7 prior to incarceration or legal residence, the person's
8 race, whether the person is of Hispanic or Latino origin,
9 and whether the person is 18 years of age or older;
10 (3.5) any sex offender evaluations;
11 (3.6) any substance abuse treatment eligibility
12 screening and assessment of the defendant by an agent
13 designated by the State of Illinois to provide assessment
14 services for the Illinois courts;
15 (4) the number of days, if any, which the defendant
16 has been in custody and for which he is entitled to credit
17 against the sentence, which information shall be provided
18 to the clerk by the sheriff;
19 (4.1) any finding of great bodily harm made by the
20 court with respect to an offense enumerated in subsection
21 (c-1);
22 (5) all statements filed under subsection (d) of this
23 Section;
24 (6) any medical or mental health records or summaries
25 of the defendant;
26 (7) the municipality where the arrest of the offender

HB4697- 559 -LRB103 35722 RLC 65802 b
1 or the commission of the offense has occurred, where such
2 municipality has a population of more than 25,000 persons;
3 (8) all statements made and evidence offered under
4 paragraph (7) of subsection (a) of this Section; and
5 (9) all additional matters which the court directs the
6 clerk to transmit.
7 (f) In cases in which the court finds that a motor vehicle
8was used in the commission of the offense for which the
9defendant is being sentenced, the clerk of the court shall,
10within 5 days thereafter, forward a report of such conviction
11to the Secretary of State.
12(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;
13103-51, eff. 1-1-24; revised 7-31-23.)
14 (730 ILCS 5/5-4.5-95)
15 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
16 (a) HABITUAL CRIMINALS.
17 (1) Every person who has been twice convicted in any
18 state or federal court of an offense that contains the
19 same elements as an offense now (the date of the offense
20 committed after the 2 prior convictions) classified in
21 Illinois as a Class X felony, criminal sexual assault,
22 aggravated kidnapping, or first degree murder, and who is
23 thereafter convicted of a Class X felony, criminal sexual
24 assault, or first degree murder, committed after the 2
25 prior convictions, shall be adjudged an habitual criminal.

HB4697- 560 -LRB103 35722 RLC 65802 b
1 (2) The 2 prior convictions need not have been for the
2 same offense.
3 (3) Any convictions that result from or are connected
4 with the same transaction, or result from offenses
5 committed at the same time, shall be counted for the
6 purposes of this Section as one conviction.
7 (4) This Section does not apply unless each of the
8 following requirements are satisfied:
9 (A) The third offense was committed after July 3,
10 1980.
11 (B) The third offense was committed within 20
12 years of the date that judgment was entered on the
13 first conviction; provided, however, that time spent
14 in custody shall not be counted.
15 (C) The third offense was committed after
16 conviction on the second offense.
17 (D) The second offense was committed after
18 conviction on the first offense.
19 (E) (Blank). The first offense was committed when
20 the person was 21 years of age or older.
21 (5) Anyone who, having attained the age of 18 at the
22 time of the third offense, is adjudged an habitual
23 criminal shall be sentenced to a term of natural life
24 imprisonment.
25 (6) A prior conviction shall not be alleged in the
26 indictment, and no evidence or other disclosure of that

HB4697- 561 -LRB103 35722 RLC 65802 b
1 conviction shall be presented to the court or the jury
2 during the trial of an offense set forth in this Section
3 unless otherwise permitted by the issues properly raised
4 in that trial. After a plea or verdict or finding of guilty
5 and before sentence is imposed, the prosecutor may file
6 with the court a verified written statement signed by the
7 State's Attorney concerning any former conviction of an
8 offense set forth in this Section rendered against the
9 defendant. The court shall then cause the defendant to be
10 brought before it; shall inform the defendant of the
11 allegations of the statement so filed, and of his or her
12 right to a hearing before the court on the issue of that
13 former conviction and of his or her right to counsel at
14 that hearing; and unless the defendant admits such
15 conviction, shall hear and determine the issue, and shall
16 make a written finding thereon. If a sentence has
17 previously been imposed, the court may vacate that
18 sentence and impose a new sentence in accordance with this
19 Section.
20 (7) A duly authenticated copy of the record of any
21 alleged former conviction of an offense set forth in this
22 Section shall be prima facie evidence of that former
23 conviction; and a duly authenticated copy of the record of
24 the defendant's final release or discharge from probation
25 granted, or from sentence and parole supervision (if any)
26 imposed pursuant to that former conviction, shall be prima

HB4697- 562 -LRB103 35722 RLC 65802 b
1 facie evidence of that release or discharge.
2 (8) Any claim that a previous conviction offered by
3 the prosecution is not a former conviction of an offense
4 set forth in this Section because of the existence of any
5 exceptions described in this Section, is waived unless
6 duly raised at the hearing on that conviction, or unless
7 the prosecution's proof shows the existence of the
8 exceptions described in this Section.
9 (9) If the person so convicted shows to the
10 satisfaction of the court before whom that conviction was
11 had that he or she was released from imprisonment, upon
12 either of the sentences upon a pardon granted for the
13 reason that he or she was innocent, that conviction and
14 sentence shall not be considered under this Section.
15 (b) When a defendant, over the age of 21 years, is
16convicted of a Class 1 or Class 2 forcible felony, except for
17an offense listed in subsection (c-5) of this Section, after
18having twice been convicted in any state or federal court of an
19offense that contains the same elements as an offense now (the
20date the Class 1 or Class 2 forcible felony was committed)
21classified in Illinois as a Class 2 or greater Class forcible
22felony, except for an offense listed in subsection (c-5) of
23this Section, and those charges are separately brought and
24tried and arise out of different series of acts, that
25defendant shall be sentenced as a Class X offender. This
26subsection does not apply unless:

HB4697- 563 -LRB103 35722 RLC 65802 b
1 (1) the first forcible felony was committed after
2 February 1, 1978 (the effective date of Public Act
3 80-1099);
4 (2) the second forcible felony was committed after
5 conviction on the first;
6 (3) the third forcible felony was committed after
7 conviction on the second; and
8 (4) (blank). the first offense was committed when the
9 person was 21 years of age or older.
10 (c) (Blank).
11 (c-5) Subsection (b) of this Section does not apply to
12Class 1 or Class 2 felony convictions for a violation of
13Section 16-1 of the Criminal Code of 2012.
14 A person sentenced as a Class X offender under this
15subsection (b) is not eligible to apply for treatment as a
16condition of probation as provided by Section 40-10 of the
17Substance Use Disorder Act (20 ILCS 301/40-10).
18(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
19101-652, eff. 7-1-21.)
20 (730 ILCS 5/5-4.5-100)
21 Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.
22 (a) COMMENCEMENT. A sentence of imprisonment shall
23commence on the date on which the offender is received by the
24Department or the institution at which the sentence is to be
25served.

HB4697- 564 -LRB103 35722 RLC 65802 b
1 (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set
2forth in subsection (e), the offender shall be given credit on
3the determinate sentence or maximum term and the minimum
4period of imprisonment for the number of days spent in custody
5as a result of the offense for which the sentence was imposed.
6The Department shall calculate the credit at the rate
7specified in Section 3-6-3 (730 ILCS 5/3-6-3). Except when
8prohibited by subsection (d-5), the The trial court shall give
9credit to the defendant for time spent in home detention on the
10same sentencing terms as incarceration as provided in Section
115-8A-3 (730 ILCS 5/5-8A-3). Home detention for purposes of
12credit includes restrictions on liberty such as curfews
13restricting movement for 12 hours or more per day and
14electronic monitoring that restricts travel or movement.
15Electronic monitoring is not required for home detention to be
16considered custodial for purposes of sentencing credit. The
17trial court may give credit to the defendant for the number of
18days spent confined for psychiatric or substance abuse
19treatment prior to judgment, if the court finds that the
20detention or confinement was custodial.
21 (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender
22arrested on one charge and prosecuted on another charge for
23conduct that occurred prior to his or her arrest shall be given
24credit on the determinate sentence or maximum term and the
25minimum term of imprisonment for time spent in custody under
26the former charge not credited against another sentence.

HB4697- 565 -LRB103 35722 RLC 65802 b
1 (c-5) CREDIT; PROGRAMMING. The trial court shall give the
2defendant credit for successfully completing county
3programming while in custody prior to imposition of sentence
4at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For
5the purposes of this subsection, "custody" includes time spent
6in home detention.
7 (d) (Blank).
8 (d-5) NO CREDIT; SOME HOME DETENTION. An offender
9sentenced to a term of imprisonment for an offense listed in
10paragraph (2) of subsection (c) of Section 5-5-3 or in
11paragraph (3) of subsection (c-1) of Section 11-501 of the
12Illinois Vehicle Code shall not receive credit for time spent
13in home detention prior to judgment.
14 (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED
15RELEASE, OR PROBATION. An offender charged with the commission
16of an offense committed while on parole, mandatory supervised
17release, or probation shall not be given credit for time spent
18in custody under subsection (b) for that offense for any time
19spent in custody as a result of a revocation of parole,
20mandatory supervised release, or probation where such
21revocation is based on a sentence imposed for a previous
22conviction, regardless of the facts upon which the revocation
23of parole, mandatory supervised release, or probation is
24based, unless both the State and the defendant agree that the
25time served for a violation of mandatory supervised release,
26parole, or probation shall be credited towards the sentence

HB4697- 566 -LRB103 35722 RLC 65802 b
1for the current offense.
2(Source: P.A. 101-652, eff. 7-1-21.)
3 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
4 Sec. 5-8-1. Natural life imprisonment; enhancements for
5use of a firearm; mandatory supervised release terms.
6 (a) Except as otherwise provided in the statute defining
7the offense or in Article 4.5 of Chapter V, a sentence of
8imprisonment for a felony shall be a determinate sentence set
9by the court under this Section, subject to Section 5-4.5-115
10of this Code, according to the following limitations:
11 (1) for first degree murder,
12 (a) (blank),
13 (b) if a trier of fact finds beyond a reasonable
14 doubt that the murder was accompanied by exceptionally
15 brutal or heinous behavior indicative of wanton
16 cruelty or, except as set forth in subsection
17 (a)(1)(c) of this Section, that any of the aggravating
18 factors listed in subparagraph (b-5) are present, the
19 court may sentence the defendant, subject to Section
20 5-4.5-105, to a term of natural life imprisonment, or
21 (b-5) A defendant who at the time of the
22 commission of the offense has attained the age of 18 or
23 more and who has been found guilty of first degree
24 murder may be sentenced to a term of natural life
25 imprisonment if:

HB4697- 567 -LRB103 35722 RLC 65802 b
1 (1) the murdered individual was an inmate at
2 an institution or facility of the Department of
3 Corrections, or any similar local correctional
4 agency and was killed on the grounds thereof, or
5 the murdered individual was otherwise present in
6 such institution or facility with the knowledge
7 and approval of the chief administrative officer
8 thereof;
9 (2) the murdered individual was killed as a
10 result of the hijacking of an airplane, train,
11 ship, bus, or other public conveyance;
12 (3) the defendant committed the murder
13 pursuant to a contract, agreement, or
14 understanding by which he or she was to receive
15 money or anything of value in return for
16 committing the murder or procured another to
17 commit the murder for money or anything of value;
18 (4) the murdered individual was killed in the
19 course of another felony if:
20 (A) the murdered individual:
21 (i) was actually killed by the
22 defendant, or
23 (ii) received physical injuries
24 personally inflicted by the defendant
25 substantially contemporaneously with
26 physical injuries caused by one or more

HB4697- 568 -LRB103 35722 RLC 65802 b
1 persons for whose conduct the defendant is
2 legally accountable under Section 5-2 of
3 this Code, and the physical injuries
4 inflicted by either the defendant or the
5 other person or persons for whose conduct
6 he is legally accountable caused the death
7 of the murdered individual; and (B) in
8 performing the acts which caused the death
9 of the murdered individual or which
10 resulted in physical injuries personally
11 inflicted by the defendant on the murdered
12 individual under the circumstances of
13 subdivision (ii) of clause (A) of this
14 clause (4), the defendant acted with the
15 intent to kill the murdered individual or
16 with the knowledge that his or her acts
17 created a strong probability of death or
18 great bodily harm to the murdered
19 individual or another; and
20 (B) in performing the acts which caused
21 the death of the murdered individual or which
22 resulted in physical injuries personally
23 inflicted by the defendant on the murdered
24 individual under the circumstances of
25 subdivision (ii) of clause (A) of this clause
26 (4), the defendant acted with the intent to

HB4697- 569 -LRB103 35722 RLC 65802 b
1 kill the murdered individual or with the
2 knowledge that his or her acts created a
3 strong probability of death or great bodily
4 harm to the murdered individual or another;
5 and
6 (C) the other felony was an inherently
7 violent crime or the attempt to commit an
8 inherently violent crime. In this clause (C),
9 "inherently violent crime" includes, but is
10 not limited to, armed robbery, robbery,
11 predatory criminal sexual assault of a child,
12 aggravated criminal sexual assault, aggravated
13 kidnapping, aggravated vehicular hijacking,
14 aggravated arson, aggravated stalking,
15 residential burglary, and home invasion;
16 (5) the defendant committed the murder with
17 intent to prevent the murdered individual from
18 testifying or participating in any criminal
19 investigation or prosecution or giving material
20 assistance to the State in any investigation or
21 prosecution, either against the defendant or
22 another; or the defendant committed the murder
23 because the murdered individual was a witness in
24 any prosecution or gave material assistance to the
25 State in any investigation or prosecution, either
26 against the defendant or another; for purposes of

HB4697- 570 -LRB103 35722 RLC 65802 b
1 this clause (5), "participating in any criminal
2 investigation or prosecution" is intended to
3 include those appearing in the proceedings in any
4 capacity such as trial judges, prosecutors,
5 defense attorneys, investigators, witnesses, or
6 jurors;
7 (6) the defendant, while committing an offense
8 punishable under Section 401, 401.1, 401.2, 405,
9 405.2, 407 or 407.1 or subsection (b) of Section
10 404 of the Illinois Controlled Substances Act, or
11 while engaged in a conspiracy or solicitation to
12 commit such offense, intentionally killed an
13 individual or counseled, commanded, induced,
14 procured or caused the intentional killing of the
15 murdered individual;
16 (7) the defendant was incarcerated in an
17 institution or facility of the Department of
18 Corrections at the time of the murder, and while
19 committing an offense punishable as a felony under
20 Illinois law, or while engaged in a conspiracy or
21 solicitation to commit such offense, intentionally
22 killed an individual or counseled, commanded,
23 induced, procured or caused the intentional
24 killing of the murdered individual;
25 (8) the murder was committed in a cold,
26 calculated and premeditated manner pursuant to a

HB4697- 571 -LRB103 35722 RLC 65802 b
1 preconceived plan, scheme or design to take a
2 human life by unlawful means, and the conduct of
3 the defendant created a reasonable expectation
4 that the death of a human being would result
5 therefrom;
6 (9) the defendant was a principal
7 administrator, organizer, or leader of a
8 calculated criminal drug conspiracy consisting of
9 a hierarchical position of authority superior to
10 that of all other members of the conspiracy, and
11 the defendant counseled, commanded, induced,
12 procured, or caused the intentional killing of the
13 murdered person;
14 (10) the murder was intentional and involved
15 the infliction of torture. For the purpose of this
16 clause (10), torture means the infliction of or
17 subjection to extreme physical pain, motivated by
18 an intent to increase or prolong the pain,
19 suffering or agony of the victim;
20 (11) the murder was committed as a result of
21 the intentional discharge of a firearm by the
22 defendant from a motor vehicle and the victim was
23 not present within the motor vehicle;
24 (12) the murdered individual was a person with
25 a disability and the defendant knew or should have
26 known that the murdered individual was a person

HB4697- 572 -LRB103 35722 RLC 65802 b
1 with a disability. For purposes of this clause
2 (12), "person with a disability" means a person
3 who suffers from a permanent physical or mental
4 impairment resulting from disease, an injury, a
5 functional disorder, or a congenital condition
6 that renders the person incapable of adequately
7 providing for his or her own health or personal
8 care;
9 (13) the murdered individual was subject to an
10 order of protection and the murder was committed
11 by a person against whom the same order of
12 protection was issued under the Illinois Domestic
13 Violence Act of 1986;
14 (14) the murdered individual was known by the
15 defendant to be a teacher or other person employed
16 in any school and the teacher or other employee is
17 upon the grounds of a school or grounds adjacent
18 to a school, or is in any part of a building used
19 for school purposes;
20 (15) the murder was committed by the defendant
21 in connection with or as a result of the offense of
22 terrorism as defined in Section 29D-14.9 of this
23 Code;
24 (16) the murdered individual was a member of a
25 congregation engaged in prayer or other religious
26 activities at a church, synagogue, mosque, or

HB4697- 573 -LRB103 35722 RLC 65802 b
1 other building, structure, or place used for
2 religious worship; or
3 (17)(i) the murdered individual was a
4 physician, physician assistant, psychologist,
5 nurse, or advanced practice registered nurse;
6 (ii) the defendant knew or should have known
7 that the murdered individual was a physician,
8 physician assistant, psychologist, nurse, or
9 advanced practice registered nurse; and
10 (iii) the murdered individual was killed in
11 the course of acting in his or her capacity as a
12 physician, physician assistant, psychologist,
13 nurse, or advanced practice registered nurse, or
14 to prevent him or her from acting in that
15 capacity, or in retaliation for his or her acting
16 in that capacity.
17 (c) the court shall sentence the defendant to a
18 term of natural life imprisonment if the defendant, at
19 the time of the commission of the murder, had attained
20 the age of 18, and:
21 (i) has previously been convicted of first
22 degree murder under any state or federal law, or
23 (ii) is found guilty of murdering more than
24 one victim, or
25 (iii) is found guilty of murdering a peace
26 officer, fireman, or emergency management worker

HB4697- 574 -LRB103 35722 RLC 65802 b
1 when the peace officer, fireman, or emergency
2 management worker was killed in the course of
3 performing his official duties, or to prevent the
4 peace officer or fireman from performing his
5 official duties, or in retaliation for the peace
6 officer, fireman, or emergency management worker
7 from performing his official duties, and the
8 defendant knew or should have known that the
9 murdered individual was a peace officer, fireman,
10 or emergency management worker, or
11 (iv) is found guilty of murdering an employee
12 of an institution or facility of the Department of
13 Corrections, or any similar local correctional
14 agency, when the employee was killed in the course
15 of performing his official duties, or to prevent
16 the employee from performing his official duties,
17 or in retaliation for the employee performing his
18 official duties, or
19 (v) is found guilty of murdering an emergency
20 medical technician - ambulance, emergency medical
21 technician - intermediate, emergency medical
22 technician - paramedic, ambulance driver or other
23 medical assistance or first aid person while
24 employed by a municipality or other governmental
25 unit when the person was killed in the course of
26 performing official duties or to prevent the

HB4697- 575 -LRB103 35722 RLC 65802 b
1 person from performing official duties or in
2 retaliation for performing official duties and the
3 defendant knew or should have known that the
4 murdered individual was an emergency medical
5 technician - ambulance, emergency medical
6 technician - intermediate, emergency medical
7 technician - paramedic, ambulance driver, or other
8 medical assistant or first aid personnel, or
9 (vi) (blank), or
10 (vii) is found guilty of first degree murder
11 and the murder was committed by reason of any
12 person's activity as a community policing
13 volunteer or to prevent any person from engaging
14 in activity as a community policing volunteer. For
15 the purpose of this Section, "community policing
16 volunteer" has the meaning ascribed to it in
17 Section 2-3.5 of the Criminal Code of 2012.
18 For purposes of clause (v), "emergency medical
19 technician - ambulance", "emergency medical technician -
20 intermediate", "emergency medical technician -
21 paramedic", have the meanings ascribed to them in the
22 Emergency Medical Services (EMS) Systems Act.
23 (d)(i) if the person committed the offense while
24 armed with a firearm, 15 years shall be added to
25 the term of imprisonment imposed by the court;
26 (ii) if, during the commission of the offense, the

HB4697- 576 -LRB103 35722 RLC 65802 b
1 person personally discharged a firearm, 20 years shall
2 be added to the term of imprisonment imposed by the
3 court;
4 (iii) if, during the commission of the offense,
5 the person personally discharged a firearm that
6 proximately caused great bodily harm, permanent
7 disability, permanent disfigurement, or death to
8 another person, 25 years or up to a term of natural
9 life shall be added to the term of imprisonment
10 imposed by the court.
11 (2) (blank);
12 (2.5) for a person who has attained the age of 18 years
13 at the time of the commission of the offense and who is
14 convicted under the circumstances described in subdivision
15 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
16 subsection (b) of Section 12-13, subdivision (d)(2) of
17 Section 11-1.30 or paragraph (2) of subsection (d) of
18 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
19 paragraph (1.2) of subsection (b) of Section 12-14.1,
20 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
21 subsection (b) of Section 12-14.1 of the Criminal Code of
22 1961 or the Criminal Code of 2012, the sentence shall be a
23 term of natural life imprisonment.
24 (b) (Blank).
25 (c) (Blank).
26 (d) Subject to earlier termination under Section 3-3-8,

HB4697- 577 -LRB103 35722 RLC 65802 b
1the parole or mandatory supervised release term shall be
2written as part of the sentencing order and shall be as
3follows:
4 (1) for first degree murder or a Class X felony except
5 for the offenses of predatory criminal sexual assault of a
6 child, aggravated criminal sexual assault, and criminal
7 sexual assault and except for the offense of aggravated
8 child pornography under Section 11-20.1B, 11-20.3, or
9 11-20.1 with sentencing under subsection (c-5) of Section
10 11-20.1 of the Criminal Code of 1961 or the Criminal Code
11 of 2012, if committed on or after January 1, 2009, 3 years;
12 (2) for a Class 1 felony or a Class 2 felony except for
13 the offense of criminal sexual assault and except for the
14 offenses of manufacture and dissemination of child
15 pornography under clauses (a)(1) and (a)(2) of Section
16 11-20.1 of the Criminal Code of 1961 or the Criminal Code
17 of 2012, if committed on or after January 1, 2009, 2 years;
18 (3) for a Class 3 felony or a Class 4 felony, 1 year;
19 (4) for defendants who commit the offense of predatory
20 criminal sexual assault of a child, aggravated criminal
21 sexual assault, or criminal sexual assault, on or after
22 December 13, 2005 (the effective date of Public Act
23 94-715), or who commit the offense of aggravated child
24 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
25 with sentencing under subsection (c-5) of Section 11-20.1
26 of the Criminal Code of 1961 or the Criminal Code of 2012,

HB4697- 578 -LRB103 35722 RLC 65802 b
1 manufacture of child pornography, or dissemination of
2 child pornography after January 1, 2009, the term of
3 mandatory supervised release shall range from a minimum of
4 3 years to a maximum of the natural life of the defendant;
5 (5) if the victim is under 18 years of age, for a
6 second or subsequent offense of aggravated criminal sexual
7 abuse or felony criminal sexual abuse, 4 years, at least
8 the first 2 years of which the defendant shall serve in an
9 electronic monitoring or home detention program under
10 Article 8A of Chapter V of this Code;
11 (6) for a felony domestic battery, aggravated domestic
12 battery, stalking, aggravated stalking, and a felony
13 violation of an order of protection, 4 years.
14Subject to earlier termination under Section 3-3-8, the parole
15or mandatory supervised release term shall be written as part
16of the sentencing order and shall be as follows:
17 (1) for first degree murder or for the offenses of
18 predatory criminal sexual assault of a child, aggravated
19 criminal sexual assault, and criminal sexual assault if
20 committed on or before December 12, 2005, 3 years;
21 (1.5) except as provided in paragraph (7) of this
22 subsection (d), for a Class X felony except for the
23 offenses of predatory criminal sexual assault of a child,
24 aggravated criminal sexual assault, and criminal sexual
25 assault if committed on or after December 13, 2005 (the
26 effective date of Public Act 94-715) and except for the

HB4697- 579 -LRB103 35722 RLC 65802 b
1 offense of aggravated child pornography under Section
2 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
3 subsection (c-5) of Section 11-20.1 of the Criminal Code
4 of 1961 or the Criminal Code of 2012, if committed on or
5 after January 1, 2009, 18 months;
6 (2) except as provided in paragraph (7) of this
7 subsection (d), for a Class 1 felony or a Class 2 felony
8 except for the offense of criminal sexual assault if
9 committed on or after December 13, 2005 (the effective
10 date of Public Act 94-715) and except for the offenses of
11 manufacture and dissemination of child pornography under
12 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
13 Criminal Code of 1961 or the Criminal Code of 2012, if
14 committed on or after January 1, 2009, 12 months;
15 (3) except as provided in paragraph (4), (6), or (7)
16 of this subsection (d), for a Class 3 felony or a Class 4
17 felony, 6 months; no later than 45 days after the onset of
18 the term of mandatory supervised release, the Prisoner
19 Review Board shall conduct a discretionary discharge
20 review pursuant to the provisions of Section 3-3-8, which
21 shall include the results of a standardized risk and needs
22 assessment tool administered by the Department of
23 Corrections; the changes to this paragraph (3) made by
24 this amendatory Act of the 102nd General Assembly apply to
25 all individuals released on mandatory supervised release
26 on or after the effective date of this amendatory Act of

HB4697- 580 -LRB103 35722 RLC 65802 b
1 the 102nd General Assembly, including those individuals
2 whose sentences were imposed prior to the effective date
3 of this amendatory Act of the 102nd General Assembly;
4 (4) for defendants who commit the offense of predatory
5 criminal sexual assault of a child, aggravated criminal
6 sexual assault, or criminal sexual assault, on or after
7 December 13, 2005 (the effective date of Public Act
8 94-715), or who commit the offense of aggravated child
9 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
10 with sentencing under subsection (c-5) of Section 11-20.1
11 of the Criminal Code of 1961 or the Criminal Code of 2012,
12 manufacture of child pornography, or dissemination of
13 child pornography after January 1, 2009, the term of
14 mandatory supervised release shall range from a minimum of
15 3 years to a maximum of the natural life of the defendant;
16 (5) if the victim is under 18 years of age, for a
17 second or subsequent offense of aggravated criminal sexual
18 abuse or felony criminal sexual abuse, 4 years, at least
19 the first 2 years of which the defendant shall serve in an
20 electronic monitoring or home detention program under
21 Article 8A of Chapter V of this Code;
22 (6) for a felony domestic battery, aggravated domestic
23 battery, stalking, aggravated stalking, and a felony
24 violation of an order of protection, 4 years;
25 (7) for any felony described in paragraph (a)(2)(ii),
26 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),

HB4697- 581 -LRB103 35722 RLC 65802 b
1 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
2 3-6-3 of the Unified Code of Corrections requiring an
3 inmate to serve a minimum of 85% of their court-imposed
4 sentence, except for the offenses of predatory criminal
5 sexual assault of a child, aggravated criminal sexual
6 assault, and criminal sexual assault if committed on or
7 after December 13, 2005 (the effective date of Public Act
8 94-715) and except for the offense of aggravated child
9 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
10 with sentencing under subsection (c-5) of Section 11-20.1
11 of the Criminal Code of 1961 or the Criminal Code of 2012,
12 if committed on or after January 1, 2009 and except as
13 provided in paragraph (4) or paragraph (6) of this
14 subsection (d), the term of mandatory supervised release
15 shall be as follows:
16 (A) Class X felony, 3 years;
17 (B) Class 1 or Class 2 felonies, 2 years;
18 (C) Class 3 or Class 4 felonies, 1 year.
19 (e) (Blank).
20 (f) (Blank).
21 (g) Notwithstanding any other provisions of this Act and
22of Public Act 101-652: (i) the provisions of paragraph (3) of
23subsection (d) are effective on July 1, 2022 and shall apply to
24all individuals convicted on or after the effective date of
25paragraph (3) of subsection (d); and (ii) the provisions of
26paragraphs (1.5) and (2) of subsection (d) are effective on

HB4697- 582 -LRB103 35722 RLC 65802 b
1July 1, 2021 and shall apply to all individuals convicted on or
2after the effective date of paragraphs (1.5) and (2) of
3subsection (d).
4(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
5102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
61-1-24.)
7 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
8 Sec. 5-8-4. Concurrent and consecutive terms of
9imprisonment.
10 (a) Concurrent terms; multiple or additional sentences.
11When an Illinois court (i) imposes multiple sentences of
12imprisonment on a defendant at the same time or (ii) imposes a
13sentence of imprisonment on a defendant who is already subject
14to a sentence of imprisonment imposed by an Illinois court, a
15court of another state, or a federal court, then the sentences
16shall run concurrently unless otherwise determined by the
17Illinois court under this Section.
18 (b) Concurrent terms; misdemeanor and felony. A defendant
19serving a sentence for a misdemeanor who is convicted of a
20felony and sentenced to imprisonment shall be transferred to
21the Department of Corrections, and the misdemeanor sentence
22shall be merged in and run concurrently with the felony
23sentence.
24 (c) Consecutive terms; permissive. The court may impose
25consecutive sentences in any of the following circumstances:

HB4697- 583 -LRB103 35722 RLC 65802 b
1 (1) If, having regard to the nature and circumstances
2 of the offense and the history and character of the
3 defendant, it is the opinion of the court that consecutive
4 sentences are required to protect the public from further
5 criminal conduct by the defendant, the basis for which the
6 court shall set forth in the record.
7 (2) If one of the offenses for which a defendant was
8 convicted was a violation of Section 32-5.2 (aggravated
9 false personation of a peace officer) of the Criminal Code
10 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
11 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
12 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
13 offense was committed in attempting or committing a
14 forcible felony.
15 (3) If a person charged with a felony commits a
16 separate felony while on pretrial release or in pretrial
17 detention in a county jail facility or county detention
18 facility, then the sentences imposed upon conviction of
19 these felonies may be served consecutively regardless of
20 the order in which the judgments of conviction are
21 entered.
22 (4) If a person commits a battery against a county
23 correctional officer or sheriff's employee while serving a
24 sentence or in pretrial detention in a county jail
25 facility, then the sentence imposed upon conviction of the
26 battery may be served consecutively with the sentence

HB4697- 584 -LRB103 35722 RLC 65802 b
1 imposed upon conviction of the earlier misdemeanor or
2 felony, regardless of the order in which the judgments of
3 conviction are entered.
4 (5) If a person admitted to pretrial release following
5 conviction of a felony commits a separate felony while
6 released pretrial or if a person detained in a county jail
7 facility or county detention facility following conviction
8 of a felony commits a separate felony while in detention,
9 then any sentence following conviction of the separate
10 felony may be consecutive to that of the original sentence
11 for which the defendant was released pretrial or detained.
12 (6) If a person is found to be in possession of an item
13 of contraband, as defined in Section 31A-0.1 of the
14 Criminal Code of 2012, while serving a sentence in a
15 county jail or while in pretrial detention in a county
16 jail, the sentence imposed upon conviction for the offense
17 of possessing contraband in a penal institution may be
18 served consecutively to the sentence imposed for the
19 offense for which the person is serving a sentence in the
20 county jail or while in pretrial detention, regardless of
21 the order in which the judgments of conviction are
22 entered.
23 (7) If a person is sentenced for a violation of a
24 condition of pretrial release under Section 32-10 of the
25 Criminal Code of 1961 or the Criminal Code of 2012, any
26 sentence imposed for that violation may be served

HB4697- 585 -LRB103 35722 RLC 65802 b
1 consecutive to the sentence imposed for the charge for
2 which pretrial release had been granted and with respect
3 to which the defendant has been convicted.
4 (d) Consecutive terms; mandatory. The court shall impose
5consecutive sentences in each of the following circumstances:
6 (1) One of the offenses for which the defendant was
7 convicted was first degree murder or a Class X or Class 1
8 felony and the defendant inflicted severe bodily injury.
9 (2) The defendant was convicted of a violation of
10 Section 11-1.20 or 12-13 (criminal sexual assault),
11 11-1.30 or 12-14 (aggravated criminal sexual assault), or
12 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
13 child) of the Criminal Code of 1961 or the Criminal Code of
14 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
15 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
16 5/12-14.1).
17 (2.5) The defendant was convicted of a violation of
18 paragraph (1), (2), (3), (4), (5), or (7) of subsection
19 (a) of Section 11-20.1 (child pornography) or of paragraph
20 (1), (2), (3), (4), (5), or (7) of subsection (a) of
21 Section 11-20.1B or 11-20.3 (aggravated child pornography)
22 of the Criminal Code of 1961 or the Criminal Code of 2012;
23 or the defendant was convicted of a violation of paragraph
24 (6) of subsection (a) of Section 11-20.1 (child
25 pornography) or of paragraph (6) of subsection (a) of
26 Section 11-20.1B or 11-20.3 (aggravated child pornography)

HB4697- 586 -LRB103 35722 RLC 65802 b
1 of the Criminal Code of 1961 or the Criminal Code of 2012,
2 when the child depicted is under the age of 13.
3 (3) The defendant was convicted of armed violence
4 based upon the predicate offense of any of the following:
5 solicitation of murder, solicitation of murder for hire,
6 heinous battery as described in Section 12-4.1 or
7 subdivision (a)(2) of Section 12-3.05, aggravated battery
8 of a senior citizen as described in Section 12-4.6 or
9 subdivision (a)(4) of Section 12-3.05, criminal sexual
10 assault, a violation of subsection (g) of Section 5 of the
11 Cannabis Control Act (720 ILCS 550/5), cannabis
12 trafficking, a violation of subsection (a) of Section 401
13 of the Illinois Controlled Substances Act (720 ILCS
14 570/401), controlled substance trafficking involving a
15 Class X felony amount of controlled substance under
16 Section 401 of the Illinois Controlled Substances Act (720
17 ILCS 570/401), a violation of the Methamphetamine Control
18 and Community Protection Act (720 ILCS 646/), calculated
19 criminal drug conspiracy, or streetgang criminal drug
20 conspiracy.
21 (4) The defendant was convicted of the offense of
22 leaving the scene of a motor vehicle crash involving death
23 or personal injuries under Section 11-401 of the Illinois
24 Vehicle Code (625 ILCS 5/11-401) and either: (A)
25 aggravated driving under the influence of alcohol, other
26 drug or drugs, or intoxicating compound or compounds, or

HB4697- 587 -LRB103 35722 RLC 65802 b
1 any combination thereof under Section 11-501 of the
2 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
3 homicide under Section 9-3 of the Criminal Code of 1961 or
4 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
5 offense described in item (A) and an offense described in
6 item (B).
7 (5) The defendant was convicted of a violation of
8 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
9 death) or Section 12-20.5 (dismembering a human body) of
10 the Criminal Code of 1961 or the Criminal Code of 2012 (720
11 ILCS 5/9-3.1 or 5/12-20.5).
12 (5.5) The defendant was convicted of a violation of
13 Section 24-3.7 (use of a stolen firearm in the commission
14 of an offense) of the Criminal Code of 1961 or the Criminal
15 Code of 2012.
16 (6) If the defendant was in the custody of the
17 Department of Corrections at the time of the commission of
18 the offense, the sentence shall be served consecutive to
19 the sentence under which the defendant is held by the
20 Department of Corrections. If, however, the defendant is
21 sentenced to punishment by death, the sentence shall be
22 executed at such time as the court may fix without regard
23 to the sentence under which the defendant may be held by
24 the Department.
25 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
26 for escape or attempted escape shall be served consecutive

HB4697- 588 -LRB103 35722 RLC 65802 b
1 to the terms under which the offender is held by the
2 Department of Corrections.
3 (8) (Blank).
4 (8.1) If a person charged with a felony commits a
5 separate felony while on bond or in pretrial detention in
6 a county jail facility or county detention facility, then
7 the sentences imposed upon conviction of these felonies
8 shall be served consecutively regardless of the order in
9 which the judgments of conviction are entered.
10 (8.5) (Blank).
11 (8.6) If a person commits a battery against a county
12 correctional officer or sheriff's employee while serving a
13 sentence or in pretrial detention in a county jail
14 facility, then the sentence imposed upon conviction of the
15 battery shall be served consecutively with the sentence
16 imposed upon conviction of the earlier misdemeanor or
17 felony, regardless of the order in which the judgments of
18 conviction are entered.
19 (9) (Blank).
20 (9.1) 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

HB4697- 589 -LRB103 35722 RLC 65802 b
1 sentence for which the defendant was on bond or detained.
2 (10) (Blank).
3 (10.1) If a person is found to be in possession of an
4 item of contraband, as defined in Section 31A-0.1 of the
5 Criminal Code of 2012, while serving a sentence in a
6 county jail or while in pre-trial detention in a county
7 jail, the sentence imposed upon conviction for the offense
8 of possessing contraband in a penal institution shall be
9 served consecutively to the sentence imposed for the
10 offense in which the person is serving sentence in the
11 county jail or serving pretrial detention, regardless of
12 the order in which the judgments of conviction are
13 entered.
14 (11) (Blank).
15 (11.1) If a person is sentenced for a violation of
16 bail bond under Section 32-10 of the Criminal Code of 1961
17 or the Criminal Code of 2012, any sentence imposed for
18 that violation shall be served consecutive to the sentence
19 imposed for the charge for which bail had been granted and
20 with respect to which the defendant has been convicted.
21 (e) Consecutive terms; subsequent non-Illinois term. If an
22Illinois court has imposed a sentence of imprisonment on a
23defendant and the defendant is subsequently sentenced to a
24term of imprisonment by a court of another state or a federal
25court, then the Illinois sentence shall run consecutively to
26the sentence imposed by the court of the other state or the

HB4697- 590 -LRB103 35722 RLC 65802 b
1federal court. That same Illinois court, however, may order
2that the Illinois sentence run concurrently with the sentence
3imposed by the court of the other state or the federal court,
4but only if the defendant applies to that same Illinois court
5within 30 days after the sentence imposed by the court of the
6other state or the federal court is finalized.
7 (f) Consecutive terms; aggregate maximums and minimums.
8The aggregate maximum and aggregate minimum of consecutive
9sentences shall be determined as follows:
10 (1) For sentences imposed under law in effect prior to
11 February 1, 1978, the aggregate maximum of consecutive
12 sentences shall not exceed the maximum term authorized
13 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
14 Chapter V for the 2 most serious felonies involved. The
15 aggregate minimum period of consecutive sentences shall
16 not exceed the highest minimum term authorized under
17 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
18 V for the 2 most serious felonies involved. When sentenced
19 only for misdemeanors, a defendant shall not be
20 consecutively sentenced to more than the maximum for one
21 Class A misdemeanor.
22 (2) For sentences imposed under the law in effect on
23 or after February 1, 1978, the aggregate of consecutive
24 sentences for offenses that were committed as part of a
25 single course of conduct during which there was no
26 substantial change in the nature of the criminal objective

HB4697- 591 -LRB103 35722 RLC 65802 b
1 shall not exceed the sum of the maximum terms authorized
2 under Article 4.5 of Chapter V for the 2 most serious
3 felonies involved, but no such limitation shall apply for
4 offenses that were not committed as part of a single
5 course of conduct during which there was no substantial
6 change in the nature of the criminal objective. When
7 sentenced only for misdemeanors, a defendant shall not be
8 consecutively sentenced to more than the maximum for one
9 Class A misdemeanor.
10 (g) Consecutive terms; manner served. In determining the
11manner in which consecutive sentences of imprisonment, one or
12more of which is for a felony, will be served, the Department
13of Corrections shall treat the defendant as though he or she
14had been committed for a single term subject to each of the
15following:
16 (1) The maximum period of a term of imprisonment shall
17 consist of the aggregate of the maximums of the imposed
18 indeterminate terms, if any, plus the aggregate of the
19 imposed determinate sentences for felonies, plus the
20 aggregate of the imposed determinate sentences for
21 misdemeanors, subject to subsection (f) of this Section.
22 (2) The parole or mandatory supervised release term
23 shall be as provided in paragraph (e) of Section 5-4.5-50
24 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
25 involved.
26 (3) The minimum period of imprisonment shall be the

HB4697- 592 -LRB103 35722 RLC 65802 b
1 aggregate of the minimum and determinate periods of
2 imprisonment imposed by the court, subject to subsection
3 (f) of this Section.
4 (4) The defendant shall be awarded credit against the
5 aggregate maximum term and the aggregate minimum term of
6 imprisonment for all time served in an institution since
7 the commission of the offense or offenses and as a
8 consequence thereof at the rate specified in Section 3-6-3
9 (730 ILCS 5/3-6-3).
10 (h) Notwithstanding any other provisions of this Section,
11all sentences imposed by an Illinois court under this Code
12shall run concurrent to any and all sentences imposed under
13the Juvenile Court Act of 1987.
14(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
15102-1104, eff. 12-6-22.)
16 (730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
17 Sec. 5-8-6. Place of confinement.
18 (a) Offenders Except as otherwise provided in this
19subsection (a), offenders sentenced to a term of imprisonment
20for a felony shall be committed to the penitentiary system of
21the Department of Corrections. However, such sentence shall
22not limit the powers of the Department of Children and Family
23Services in relation to any child under the age of one year in
24the sole custody of a person so sentenced, nor in relation to
25any child delivered by a female so sentenced while she is so

HB4697- 593 -LRB103 35722 RLC 65802 b
1confined as a consequence of such sentence. A Except as
2otherwise provided in this subsection (a), a person sentenced
3for a felony may be assigned by the Department of Corrections
4to any of its institutions, facilities or programs. An
5offender sentenced to a term of imprisonment for a Class 3 or 4
6felony, other than a violent crime as defined in Section 3 of
7the Rights of Crime Victims and Witnesses Act, in which the
8sentencing order indicates that the offender has less than 4
9months remaining on his or her sentence accounting for time
10served may not be confined in the penitentiary system of the
11Department of Corrections but may be assigned to electronic
12home detention under Article 8A of this Chapter V, an adult
13transition center, or another facility or program within the
14Department of Corrections.
15 (b) Offenders sentenced to a term of imprisonment for less
16than one year shall be committed to the custody of the sheriff.
17A person committed to the Department of Corrections, prior to
18July 14, 1983, for less than one year may be assigned by the
19Department to any of its institutions, facilities or programs.
20 (c) All offenders under 18 years of age when sentenced to
21imprisonment shall be committed to the Department of Juvenile
22Justice and the court in its order of commitment shall set a
23definite term. The provisions of Section 3-3-3 shall be a part
24of such commitment as fully as though written in the order of
25commitment. The place of confinement for sentences imposed
26before the effective date of this amendatory Act of the 99th

HB4697- 594 -LRB103 35722 RLC 65802 b
1General Assembly are not affected or abated by this amendatory
2Act of the 99th General Assembly.
3 (d) No defendant shall be committed to the Department of
4Corrections for the recovery of a fine or costs.
5 (e) When a court sentences a defendant to a term of
6imprisonment concurrent with a previous and unexpired sentence
7of imprisonment imposed by any district court of the United
8States, it may commit the offender to the custody of the
9Attorney General of the United States. The Attorney General of
10the United States, or the authorized representative of the
11Attorney General of the United States, shall be furnished with
12the warrant of commitment from the court imposing sentence,
13which warrant of commitment shall provide that, when the
14offender is released from federal confinement, whether by
15parole or by termination of sentence, the offender shall be
16transferred by the Sheriff of the committing county to the
17Department of Corrections. The court shall cause the
18Department to be notified of such sentence at the time of
19commitment and to be provided with copies of all records
20regarding the sentence.
21(Source: P.A. 101-652, eff. 7-1-21.)
22 (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
23 Sec. 5-8A-2. Definitions. As used in this Article:
24 (A) "Approved electronic monitoring device" means a device
25approved by the supervising authority which is primarily

HB4697- 595 -LRB103 35722 RLC 65802 b
1intended to record or transmit information as to the
2defendant's presence or nonpresence in the home, consumption
3of alcohol, consumption of drugs, location as determined
4through GPS, cellular triangulation, Wi-Fi, or other
5electronic means.
6 An approved electronic monitoring device may record or
7transmit: oral or wire communications or an auditory sound;
8visual images; or information regarding the offender's
9activities while inside the offender's home. These devices are
10subject to the required consent as set forth in Section 5-8A-5
11of this Article.
12 An approved electronic monitoring device may be used to
13record a conversation between the participant and the
14monitoring device, or the participant and the person
15supervising the participant solely for the purpose of
16identification and not for the purpose of eavesdropping or
17conducting any other illegally intrusive monitoring.
18 (A-10) "Department" means the Department of Corrections or
19the Department of Juvenile Justice.
20 (A-20) "Electronic monitoring" means the monitoring of an
21inmate, person, or offender with an electronic device both
22within and outside of their home under the terms and
23conditions established by the supervising authority.
24 (B) "Excluded offenses" means first degree murder, escape,
25predatory criminal sexual assault of a child, aggravated
26criminal sexual assault, criminal sexual assault, aggravated

HB4697- 596 -LRB103 35722 RLC 65802 b
1battery with a firearm as described in Section 12-4.2 or
2subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
312-3.05, bringing or possessing a firearm, ammunition or
4explosive in a penal institution, any "Super-X" drug offense
5or calculated criminal drug conspiracy or streetgang criminal
6drug conspiracy, or any predecessor or successor offenses with
7the same or substantially the same elements, or any inchoate
8offenses relating to the foregoing offenses.
9 (B-10) "GPS" means a device or system which utilizes the
10Global Positioning Satellite system for determining the
11location of a person, inmate or offender.
12 (C) "Home detention" means the confinement of a person
13convicted or charged with an offense to his or her place of
14residence under the terms and conditions established by the
15supervising authority. Confinement need not be 24 hours per
16day to qualify as home detention, and significant restrictions
17on liberty such as 7pm to 7am curfews shall qualify. Home
18confinement may or may not be accompanied by electronic
19monitoring, and electronic monitoring is not required for
20purposes of sentencing credit.
21 (D) "Participant" means an inmate or offender placed into
22an electronic monitoring program.
23 (E) "Supervising authority" means the Department of
24Corrections, the Department of Juvenile Justice, probation
25department, a Chief Judge's office, pretrial services division
26or department, sheriff, superintendent of municipal house of

HB4697- 597 -LRB103 35722 RLC 65802 b
1corrections or any other officer or agency charged with
2authorizing and supervising electronic monitoring and home
3detention.
4 (F) "Super-X drug offense" means a violation of Section
5401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);
6Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
7(C), or (D) of the Illinois Controlled Substances Act.
8 (G) "Wi-Fi" or "WiFi" means a device or system which
9utilizes a wireless local area network for determining the
10location of a person, inmate or offender.
11(Source: P.A. 101-652, eff. 7-1-21.)
12 (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
13 Sec. 5-8A-4. Program description. The supervising
14authority may promulgate rules that prescribe reasonable
15guidelines under which an electronic monitoring and home
16detention program shall operate. When using electronic
17monitoring for home detention these rules shall may include,
18but not be limited to, the following:
19 (A) The participant may be instructed to shall remain
20 within the interior premises or within the property
21 boundaries of his or her residence at all times during the
22 hours designated by the supervising authority. Such
23 instances of approved absences from the home shall may
24 include, but are not limited to, the following:
25 (1) working or employment approved by the court or

HB4697- 598 -LRB103 35722 RLC 65802 b
1 traveling to or from approved employment;
2 (2) unemployed and seeking employment approved for
3 the participant by the court;
4 (3) undergoing medical, psychiatric, mental health
5 treatment, counseling, or other treatment programs
6 approved for the participant by the court;
7 (4) attending an educational institution or a
8 program approved for the participant by the court;
9 (5) attending a regularly scheduled religious
10 service at a place of worship;
11 (6) participating in community work release or
12 community service programs approved for the
13 participant by the supervising authority; or
14 (7) for another compelling reason consistent with
15 the public interest, as approved by the supervising
16 authority; or .
17 (8) purchasing groceries, food, or other basic
18 necessities.
19 (A-1) At a minimum, any person ordered to pretrial
20 home confinement with or without electronic monitoring
21 must be provided with movement spread out over no fewer
22 than two days per week, to participate in basic activities
23 such as those listed in paragraph (A). In this subdivision
24 (A-1), "days" means a reasonable time period during a
25 calendar day, as outlined by the court in the order
26 placing the person on home confinement.

HB4697- 599 -LRB103 35722 RLC 65802 b
1 (B) The participant shall admit any person or agent
2 designated by the supervising authority into his or her
3 residence at any time for purposes of verifying the
4 participant's compliance with the conditions of his or her
5 detention.
6 (C) The participant shall make the necessary
7 arrangements to allow for any person or agent designated
8 by the supervising authority to visit the participant's
9 place of education or employment at any time, based upon
10 the approval of the educational institution employer or
11 both, for the purpose of verifying the participant's
12 compliance with the conditions of his or her detention.
13 (D) The participant shall acknowledge and participate
14 with the approved electronic monitoring device as
15 designated by the supervising authority at any time for
16 the purpose of verifying the participant's compliance with
17 the conditions of his or her detention.
18 (E) The participant shall maintain the following:
19 (1) access to a working telephone in the
20 participant's home;
21 (2) a monitoring device in the participant's home,
22 or on the participant's person, or both; and
23 (3) a monitoring device in the participant's home
24 and on the participant's person in the absence of a
25 telephone.
26 (F) The participant shall obtain approval from the

HB4697- 600 -LRB103 35722 RLC 65802 b
1 supervising authority before the participant changes
2 residence or the schedule described in subsection (A) of
3 this Section. Such approval shall not be unreasonably
4 withheld.
5 (G) The participant shall not commit another crime
6 during the period of home detention ordered by the Court.
7 (H) Notice to the participant that violation of the
8 order for home detention may subject the participant to
9 prosecution for the crime of escape as described in
10 Section 5-8A-4.1.
11 (I) The participant shall abide by other conditions as
12 set by the supervising authority.
13 (J) This Section takes effect January 1, 2022.
14(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
15102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
16 (730 ILCS 5/5-8A-4.1)
17 Sec. 5-8A-4.1. Escape; failure to comply with a condition
18of the electronic monitoring or home detention program.
19 (a) A person charged with or convicted of a felony, or
20charged with or adjudicated delinquent for an act which, if
21committed by an adult, would constitute a felony,
22conditionally released from the supervising authority through
23an electronic monitoring or home detention program, who
24knowingly escapes or leaves from the geographic boundaries of
25an electronic monitoring or home detention program with the

HB4697- 601 -LRB103 35722 RLC 65802 b
1intent to evade prosecution violates a condition of the
2electronic monitoring or home detention program is guilty of a
3Class 3 felony.
4 (b) A person charged with or convicted of a misdemeanor,
5or charged with or adjudicated delinquent for an act which, if
6committed by an adult, would constitute a misdemeanor,
7conditionally released from the supervising authority through
8an electronic monitoring or home detention program, who
9knowingly escapes or leaves from the geographic boundaries of
10an electronic monitoring or home detention program with the
11intent to evade prosecution violates a condition of the
12electronic monitoring or home detention program is guilty of a
13Class B misdemeanor.
14 (c) A person who violates this Section while armed with a
15dangerous weapon is guilty of a Class 1 felony.
16(Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)
17 (730 ILCS 5/5-6-3.8 rep.)
18 (730 ILCS 5/5-8A-4.15 rep.)
19 Section 300. The Unified Code of Corrections is amended by
20repealing Sections 5-6-3.8 and 5-8A-4.15.
21 Section 280. The Probation and Probation Officers Act is
22amended by changing Section 18 as follows:
23 (730 ILCS 110/18)

HB4697- 602 -LRB103 35722 RLC 65802 b
1 Sec. 18. Probation and court services departments
2considered pretrial services agencies. For the purposes of
3administering the provisions of Public Act 95-773, known as
4the Cindy Bischof Law, all probation and court services
5departments are to be considered pretrial services agencies
6under the Pretrial Services Act and under the bail bond
7pretrial release provisions of the Code of Criminal Procedure
8of 1963.
9(Source: P.A. 101-652, eff. 1-1-23.)
10 Section 305. The County Jail Act is amended by changing
11Section 5 as follows:
12 (730 ILCS 125/5) (from Ch. 75, par. 105)
13 Sec. 5. Costs of maintaining prisoners.
14 (a) Except as provided in subsections (b) and (c), all
15costs of maintaining persons committed for violations of
16Illinois law, shall be the responsibility of the county.
17Except as provided in subsection (b), all costs of maintaining
18persons committed under any ordinance or resolution of a unit
19of local government, including medical costs, is the
20responsibility of the unit of local government enacting the
21ordinance or resolution, and arresting the person.
22 (b) If a person who is serving a term of mandatory
23supervised release for a felony is incarcerated in a county
24jail, the Illinois Department of Corrections shall pay the

HB4697- 603 -LRB103 35722 RLC 65802 b
1county in which that jail is located one-half of the cost of
2incarceration, as calculated by the Governor's Office of
3Management and Budget and the county's chief financial
4officer, for each day that the person remains in the county
5jail after notice of the incarceration is given to the
6Illinois Department of Corrections by the county, provided
7that (i) the Illinois Department of Corrections has issued a
8warrant for an alleged violation of mandatory supervised
9release by the person; (ii) if the person is incarcerated on a
10new charge, unrelated to the offense for which he or she is on
11mandatory supervised release, there has been a court hearing
12at which bail has the conditions of pretrial release have been
13set on the new charge; (iii) the county has notified the
14Illinois Department of Corrections that the person is
15incarcerated in the county jail, which notice shall not be
16given until the bail hearing has concluded, if the person is
17incarcerated on a new charge; and (iv) the person remains
18incarcerated in the county jail for more than 48 hours after
19the notice has been given to the Department of Corrections by
20the county. Calculation of the per diem cost shall be agreed
21upon prior to the passage of the annual State budget.
22 (c) If a person who is serving a term of mandatory
23supervised release is incarcerated in a county jail, following
24an arrest on a warrant issued by the Illinois Department of
25Corrections, solely for violation of a condition of mandatory
26supervised release and not on any new charges for a new

HB4697- 604 -LRB103 35722 RLC 65802 b
1offense, then the Illinois Department of Corrections shall pay
2the medical costs incurred by the county in securing treatment
3for that person, for any injury or condition other than one
4arising out of or in conjunction with the arrest of the person
5or resulting from the conduct of county personnel, while he or
6she remains in the county jail on the warrant issued by the
7Illinois Department of Corrections.
8(Source: P.A. 101-652, eff. 1-1-23.)
9 Section 310. The County Jail Good Behavior Allowance Act
10is amended by changing Section 3 as follows:
11 (730 ILCS 130/3) (from Ch. 75, par. 32)
12 Sec. 3. The good behavior of any person who commences a
13sentence of confinement in a county jail for a fixed term of
14imprisonment after January 1, 1987 shall entitle such person
15to a good behavior allowance, except that: (1) a person who
16inflicted physical harm upon another person in committing the
17offense for which he is confined shall receive no good
18behavior allowance; and (2) a person sentenced for an offense
19for which the law provides a mandatory minimum sentence shall
20not receive any portion of a good behavior allowance that
21would reduce the sentence below the mandatory minimum; and (3)
22a person sentenced to a county impact incarceration program;
23and (4) a person who is convicted of criminal sexual assault
24under subdivision (a)(3) of Section 11-1.20 or paragraph

HB4697- 605 -LRB103 35722 RLC 65802 b
1(a)(3) of Section 12-13 of the Criminal Code of 1961 or the
2Criminal Code of 2012, criminal sexual abuse, or aggravated
3criminal sexual abuse shall receive no good behavior
4allowance. The good behavior allowance provided for in this
5Section shall not apply to individuals sentenced for a felony
6to probation or conditional discharge where a condition of
7such probation or conditional discharge is that the individual
8serve a sentence of periodic imprisonment or to individuals
9sentenced under an order of court for civil contempt.
10 Such good behavior allowance shall be cumulative and
11awarded as provided in this Section.
12 The good behavior allowance rate shall be cumulative and
13awarded on the following basis:
14 The prisoner shall receive one day of good behavior
15allowance for each day of service of sentence in the county
16jail, and one day of good behavior allowance for each day of
17incarceration in the county jail before sentencing for the
18offense that he or she is currently serving sentence but was
19unable to post bail comply with the conditions of pretrial
20release before sentencing, except that a prisoner serving a
21sentence of periodic imprisonment under Section 5-7-1 of the
22Unified Code of Corrections shall only be eligible to receive
23good behavior allowance if authorized by the sentencing judge.
24Each day of good behavior allowance shall reduce by one day the
25prisoner's period of incarceration set by the court. For the
26purpose of calculating a prisoner's good behavior allowance, a

HB4697- 606 -LRB103 35722 RLC 65802 b
1fractional part of a day shall not be calculated as a day of
2service of sentence in the county jail unless the fractional
3part of the day is over 12 hours in which case a whole day
4shall be credited on the good behavior allowance.
5 If consecutive sentences are served and the time served
6amounts to a total of one year or more, the good behavior
7allowance shall be calculated on a continuous basis throughout
8the entire time served beginning on the first date of sentence
9or incarceration, as the case may be.
10(Source: P.A. 101-652, eff. 1-1-23.)
11 Section 315. The Veterans and Servicemembers Court
12Treatment Act is amended by changing Section 20 as follows:
13 (730 ILCS 167/20)
14 Sec. 20. Eligibility. Veterans and servicemembers are
15eligible for veterans and servicemembers courts, provided the
16following:
17 (a) A defendant may be admitted into a veterans and
18 servicemembers court program only upon the consent of the
19 defendant and with the approval of the court. A defendant
20 agrees to be admitted when a written consent to
21 participate is provided to the court in open court and the
22 defendant acknowledges understanding of its contents.
23 (a-5) Each veterans and servicemembers court shall
24 have a target population defined in its written policies

HB4697- 607 -LRB103 35722 RLC 65802 b
1 and procedures. The policies and procedures shall define
2 that court's eligibility and exclusionary criteria.
3 (b) A defendant shall be excluded from a veterans and
4 servicemembers court program if any of one of the
5 following applies:
6 (1) The crime is a crime of violence as set forth
7 in paragraph (3) of this subsection (b).
8 (2) The defendant does not demonstrate a
9 willingness to participate in a treatment program.
10 (3) The defendant has been convicted of a crime of
11 violence within the past 5 years excluding
12 incarceration time, parole, and periods of mandatory
13 supervised release. As used in this paragraph, "crime
14 of violence" means: first degree murder, second degree
15 murder, predatory criminal sexual assault of a child,
16 aggravated criminal sexual assault, criminal sexual
17 assault, armed robbery, aggravated arson, arson,
18 aggravated kidnapping and kidnapping, aggravated
19 battery resulting in great bodily harm or permanent
20 disability, aggravated domestic battery resulting in
21 great bodily harm or permanent disability, aggravated
22 criminal sexual abuse by a person in a position of
23 trust or authority over a child, stalking, aggravated
24 stalking, home invasion, aggravated vehicular
25 hijacking, or any offense involving the discharge of a
26 firearm.

HB4697- 608 -LRB103 35722 RLC 65802 b
1 (4) The defendant is charged with a violation of
2 subparagraph (F) of paragraph (1) of subsection (d) of
3 Section 11-501 of the Illinois Vehicle Code in which
4 an individual is charged with aggravated driving under
5 the influence that resulted in the death of another
6 person or when the violation was a proximate cause of
7 the death, unless, pursuant to subparagraph (G) of
8 paragraph (1) of subsection (d) of Section 11-501 of
9 the Illinois Vehicle Code, the court determines that
10 extraordinary circumstances exist and require
11 probation.
12 (4.1) The crime for which the defendant has been
13 convicted is non-probationable.
14 (5) (Blank).
15 (6) (Blank).
16 (c) Notwithstanding subsection (a), the defendant may
17 be admitted into a veterans and servicemembers court
18 program only upon the agreement of the prosecutor if the
19 defendant is charged with a Class 2 or greater felony
20 violation of:
21 (1) Section 401, 401.1, 405, or 405.2 of the
22 Illinois Controlled Substances Act;
23 (2) Section 5, 5.1, or 5.2 of the Cannabis Control
24 Act; or
25 (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
26 or 65 of the Methamphetamine Control and Community

HB4697- 609 -LRB103 35722 RLC 65802 b
1 Protection Act.
2(Source: P.A. 102-1041, eff. 6-2-22; 103-154, eff. 6-30-23.)
3 Section 320. The Mental Health Court Treatment Act is
4amended by changing Section 20 as follows:
5 (730 ILCS 168/20)
6 Sec. 20. Eligibility.
7 (a) A defendant may be admitted into a mental health court
8program only upon the consent of the defendant and with the
9approval of the court. A defendant agrees to be admitted when a
10written consent to participate is provided to the court in
11open court and the defendant acknowledges understanding its
12contents.
13 (a-5) Each mental health court shall have a target
14population defined in its written policies and procedures. The
15policies and procedures shall define that court's eligibility
16and exclusionary criteria.
17 (b) A defendant shall be excluded from a mental health
18court program if any one of the following applies:
19 (1) The crime is a crime of violence as set forth in
20 paragraph (3) of this subsection (b).
21 (2) The defendant does not demonstrate a willingness
22 to participate in a treatment program.
23 (3) The defendant has been convicted of a crime of
24 violence within the past 5 years excluding incarceration

HB4697- 610 -LRB103 35722 RLC 65802 b
1 time, parole, and periods of mandatory supervised release.
2 As used in this paragraph (3), "crime of violence" means:
3 first degree murder, second degree murder, predatory
4 criminal sexual assault of a child, aggravated criminal
5 sexual assault, criminal sexual assault, armed robbery,
6 aggravated arson, arson, aggravated kidnapping,
7 kidnapping, aggravated battery resulting in great bodily
8 harm or permanent disability, aggravated domestic battery
9 resulting in great bodily harm or permanent disability,
10 aggravated criminal sexual abuse by a person in a position
11 of trust or authority over a child, stalking, aggravated
12 stalking, home invasion, aggravated vehicular hijacking,
13 or any offense involving the discharge of a firearm.
14 (4) The defendant is charged with a violation of
15 subparagraph (F) of paragraph (1) of subsection (d) of
16 Section 11-501 of the Illinois Vehicle Code in which an
17 individual is charged with aggravated driving under the
18 influence that resulted in the death of another person or
19 when the violation was a proximate cause of the death,
20 unless, pursuant to subparagraph (G) of paragraph (1) of
21 subsection (d) of Section 11-501 of the Illinois Vehicle
22 Code, the court determines that extraordinary
23 circumstances exist and require probation.
24 (5) The crime for which the defendant has been
25 convicted is non-probationable. (Blank).
26 (6) (Blank).

HB4697- 611 -LRB103 35722 RLC 65802 b
1 (c) Notwithstanding subsection (a), the defendant may be
2admitted into a mental health court program only upon the
3agreement of the prosecutor if the defendant is charged with a
4Class 2 or greater felony violation of:
5 (1) Section 401, 401.1, 405, or 405.2 of the Illinois
6 Controlled Substances Act;
7 (2) Section 5, 5.1, or 5.2 of the Cannabis Control
8 Act; or
9 (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or
10 65 of the Methamphetamine Control and Community Protection
11 Act.
12(Source: P.A. 101-652, eff. 7-1-21; 102-1041, eff. 6-2-22.)
13 Section 325. The Code of Civil Procedure is amended by
14changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and
1521-103 as follows:
16 (735 ILCS 5/10-106) (from Ch. 110, par. 10-106)
17 Sec. 10-106. Grant of relief - Penalty. Unless it shall
18appear from the complaint itself, or from the documents
19thereto annexed, that the party can neither be discharged,
20admitted to bail pretrial release nor otherwise relieved, the
21court shall forthwith award relief by habeas corpus. Any judge
22empowered to grant relief by habeas corpus who shall corruptly
23refuse to grant the relief when legally applied for in a case
24where it may lawfully be granted, or who shall for the purpose

HB4697- 612 -LRB103 35722 RLC 65802 b
1of oppression unreasonably delay the granting of such relief
2shall, for every such offense, forfeit to the prisoner or
3party affected a sum not exceeding $1,000.
4(Source: P.A. 101-652, eff. 1-1-23.)
5 (735 ILCS 5/10-125) (from Ch. 110, par. 10-125)
6 Sec. 10-125. New commitment. In all cases where the
7imprisonment is for a criminal, or supposed criminal matter,
8if it appears to the court that there is sufficient legal cause
9for the commitment of the prisoner, although such commitment
10may have been informally made, or without due authority, or
11the process may have been executed by a person not duly
12authorized, the court shall make a new commitment in proper
13form, and direct it to the proper officer, or admit the party
14to bail pretrial release if the case is bailable eligible for
15pretrial release. The court shall also, when necessary, take
16the recognizance of all material witnesses against the
17prisoner, as in other cases. The recognizances shall be in the
18form provided by law, and returned as other recognizances. If
19any judge shall neglect or refuse to bind any such prisoner or
20witness by recognizance, or to return a recognizance when
21taken as hereinabove stated, he or she shall be guilty of a
22Class A misdemeanor in office, and be proceeded against
23accordingly.
24(Source: P.A. 101-652, eff. 1-1-23.)

HB4697- 613 -LRB103 35722 RLC 65802 b
1 (735 ILCS 5/10-127) (from Ch. 110, par. 10-127)
2 Sec. 10-127. Grant of habeas corpus. It is not lawful for
3any court, on a second order of habeas corpus obtained by such
4prisoner, to discharge the prisoner, if he or she is clearly
5and specifically charged in the warrant of commitment with a
6criminal offense; but the court shall, on the return of such
7second order, have power only to admit such prisoner to bail
8pretrial release where the offense is bailable eligible for
9pretrial release by law, or remand him or her to prison where
10the offense is not bailable eligible for pretrial release, or
11being bailable eligible for pretrial release, where such
12prisoner fails to give the bail required comply with the terms
13of pretrial release.
14(Source: P.A. 101-652, eff. 1-1-23.)
15 (735 ILCS 5/10-135) (from Ch. 110, par. 10-135)
16 Sec. 10-135. Habeas corpus to testify. The several courts
17having authority to grant relief by habeas corpus, may enter
18orders, when necessary, to bring before them any prisoner to
19testify, or to be surrendered in discharge of bail pretrial
20release, or for trial upon any criminal charge lawfully
21pending in the same court or to testify in a criminal
22proceeding in another state as provided for by Section 2 of the
23"Uniform Act to secure the attendance of witnesses from within
24or without a state in criminal proceedings", approved July 23,
251959, as heretofore or hereafter amended; and the order may be

HB4697- 614 -LRB103 35722 RLC 65802 b
1directed to any county in the State, and there be served and
2returned by any officer to whom it is directed.
3(Source: P.A. 101-652, eff. 1-1-23.)
4 (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
5 Sec. 10-136. Prisoner remanded or punished. After a
6prisoner has given his or her testimony, or been surrendered,
7or his or her bail pretrial release discharged, or he or she
8has been tried for the crime with which he or she is charged,
9he or she shall be returned to the jail or other place of
10confinement from which he or she was taken for that purpose. If
11such prisoner is convicted of a crime punishable with death or
12imprisonment in the penitentiary, he or she may be punished
13accordingly; but in any case where the prisoner has been taken
14from the penitentiary, and his or her punishment is by
15imprisonment, the time of such imprisonment shall not commence
16to run until the expiration of the time of service under any
17former sentence.
18(Source: P.A. 101-652, eff. 1-1-23.)
19 (735 ILCS 5/21-103)
20 Sec. 21-103. Notice by publication.
21 (a) Previous notice shall be given of the intended
22application by publishing a notice thereof in some newspaper
23published in the municipality in which the person resides if
24the municipality is in a county with a population under

HB4697- 615 -LRB103 35722 RLC 65802 b
12,000,000, or if the person does not reside in a municipality
2in a county with a population under 2,000,000, or if no
3newspaper is published in the municipality or if the person
4resides in a county with a population of 2,000,000 or more,
5then in some newspaper published in the county where the
6person resides, or if no newspaper is published in that
7county, then in some convenient newspaper published in this
8State. The notice shall be inserted for 3 consecutive weeks
9after filing, the first insertion to be at least 6 weeks before
10the return day upon which the petition is to be heard, and
11shall be signed by the petitioner or, in case of a minor, the
12minor's parent or guardian, and shall set forth the return day
13of court on which the petition is to be heard and the name
14sought to be assumed.
15 (b) The publication requirement of subsection (a) shall
16not be required in any application for a change of name
17involving a minor if, before making judgment under this
18Article, reasonable notice and opportunity to be heard is
19given to any parent whose parental rights have not been
20previously terminated and to any person who has physical
21custody of the child. If any of these persons are outside this
22State, notice and opportunity to be heard shall be given under
23Section 21-104.
24 (b-3) The publication requirement of subsection (a) shall
25not be required in any application for a change of name
26involving a person who has received a judgment of for

HB4697- 616 -LRB103 35722 RLC 65802 b
1dissolution of marriage or declaration of invalidity of
2marriage and wishes to change his or her name to resume the use
3of his or her former or maiden name.
4 (b-5) The court may issue an order directing that the
5notice and publication requirement be waived for a change of
6name involving a person who files with the court a statement,
7verified under oath as provided under Section 1-109 of this
8Code, that the person believes that publishing notice of the
9name change would be a hardship, including, but not limited
10to, a negative impact on the person's health or safety.
11 (b-6) In a case where waiver of the notice and publication
12requirement is sought, the petition for waiver is presumed
13granted and heard at the same hearing as the petition for name
14change. The court retains discretion to determine whether a
15hardship is shown and may order the petitioner to publish
16thereafter.
17 (c) The Director of the Illinois State Police or his or her
18designee may apply to the circuit court for an order directing
19that the notice and publication requirements of this Section
20be waived if the Director or his or her designee certifies that
21the name change being sought is intended to protect a witness
22during and following a criminal investigation or proceeding.
23 (c-1) The court may also enter a written order waiving the
24publication requirement of subsection (a) if:
25 (i) the petitioner is 18 years of age or older; and
26 (ii) concurrent with the petition, the petitioner

HB4697- 617 -LRB103 35722 RLC 65802 b
1 files with the court a statement, verified under oath as
2 provided under Section 1-109 of this Code, attesting that
3 the petitioner is or has been a person protected under the
4 Illinois Domestic Violence Act of 1986, the Stalking No
5 Contact Order Act, the Civil No Contact Order Act, Article
6 112A of the Code of Criminal Procedure of 1963, a
7 condition of bail pretrial release under subsections (b)
8 through (d) of Section 110-10 of the Code of Criminal
9 Procedure of 1963, or a similar provision of a law in
10 another state or jurisdiction.
11 The petitioner may attach to the statement any supporting
12documents, including relevant court orders.
13 (c-2) If the petitioner files a statement attesting that
14disclosure of the petitioner's address would put the
15petitioner or any member of the petitioner's family or
16household at risk or reveal the confidential address of a
17shelter for domestic violence victims, that address may be
18omitted from all documents filed with the court, and the
19petitioner may designate an alternative address for service.
20 (c-3) Court administrators may allow domestic abuse
21advocates, rape crisis advocates, and victim advocates to
22assist petitioners in the preparation of name changes under
23subsection (c-1).
24 (c-4) If the publication requirements of subsection (a)
25have been waived, the circuit court shall enter an order
26impounding the case.

HB4697- 618 -LRB103 35722 RLC 65802 b
1 (d) The maximum rate charged for publication of a notice
2under this Section may not exceed the lowest classified rate
3paid by commercial users for comparable space in the newspaper
4in which the notice appears and shall include all cash
5discounts, multiple insertion discounts, and similar benefits
6extended to the newspaper's regular customers.
7(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
8101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff.
95-13-22; 102-1133, eff. 1-1-24; revised 3-6-23.)
10 Section 330. The Civil No Contact Order Act is amended by
11changing Section 220 as follows:
12 (740 ILCS 22/220)
13 Sec. 220. Enforcement of a civil no contact order.
14 (a) Nothing in this Act shall preclude any Illinois court
15from enforcing a valid protective order issued in another
16state or by a military judge.
17 (b) Illinois courts may enforce civil no contact orders
18through both criminal proceedings and civil contempt
19proceedings, unless the action which is second in time is
20barred by collateral estoppel or the constitutional
21prohibition against double jeopardy.
22 (b-1) The court shall not hold a school district or
23private or non-public school or any of its employees in civil
24or criminal contempt unless the school district or private or

HB4697- 619 -LRB103 35722 RLC 65802 b
1non-public school has been allowed to intervene.
2 (b-2) The court may hold the parents, guardian, or legal
3custodian of a minor respondent in civil or criminal contempt
4for a violation of any provision of any order entered under
5this Act for conduct of the minor respondent in violation of
6this Act if the parents, guardian, or legal custodian
7directed, encouraged, or assisted the respondent minor in such
8conduct.
9 (c) Criminal prosecution. A violation of any civil no
10contact order, whether issued in a civil or criminal
11proceeding or by a military judge, shall be enforced by a
12criminal court when the respondent commits the crime of
13violation of a civil no contact order pursuant to Section 219
14by having knowingly violated:
15 (1) remedies described in Section 213 and included in
16 a civil no contact order; or
17 (2) a provision of an order, which is substantially
18 similar to provisions of Section 213, in a valid civil no
19 contact order which is authorized under the laws of
20 another state, tribe, or United States territory.
21 Prosecution for a violation of a civil no contact order
22shall not bar a concurrent prosecution for any other crime,
23including any crime that may have been committed at the time of
24the violation of the civil no contact order.
25 (d) Contempt of court. A violation of any valid Illinois
26civil no contact order, whether issued in a civil or criminal

HB4697- 620 -LRB103 35722 RLC 65802 b
1proceeding, may be enforced through civil or criminal contempt
2procedures, as appropriate, by any court with jurisdiction,
3regardless of where the act or acts which violated the civil no
4contact order were committed, to the extent consistent with
5the venue provisions of this Act.
6 (1) In a contempt proceeding where the petition for a
7 rule to show cause or petition for adjudication of
8 criminal contempt sets forth facts evidencing an immediate
9 danger that the respondent will flee the jurisdiction or
10 inflict physical abuse on the petitioner or minor children
11 or on dependent adults in the petitioner's care, the court
12 may order the attachment of the respondent without prior
13 service of the petition for a rule to show cause, the rule
14 to show cause, the petition for adjudication of criminal
15 contempt or the adjudication of criminal contempt. Bond
16 Conditions of release shall be set unless specifically
17 denied in writing.
18 (2) A petition for a rule to show cause or a petition
19 for adjudication of criminal contempt for violation of a
20 civil no contact order shall be treated as an expedited
21 proceeding.
22 (e) Actual knowledge. A civil no contact order may be
23enforced pursuant to this Section if the respondent violates
24the order after the respondent has actual knowledge of its
25contents as shown through one of the following means:
26 (1) by service, delivery, or notice under Section 208;

HB4697- 621 -LRB103 35722 RLC 65802 b
1 (2) by notice under Section 218;
2 (3) by service of a civil no contact order under
3 Section 218; or
4 (4) by other means demonstrating actual knowledge of
5 the contents of the order.
6 (f) The enforcement of a civil no contact order in civil or
7criminal court shall not be affected by either of the
8following:
9 (1) the existence of a separate, correlative order,
10 entered under Section 202; or
11 (2) any finding or order entered in a conjoined
12 criminal proceeding.
13 (g) Circumstances. The court, when determining whether or
14not a violation of a civil no contact order has occurred, shall
15not require physical manifestations of abuse on the person of
16the victim.
17 (h) Penalties.
18 (1) Except as provided in paragraph (3) of this
19 subsection, where the court finds the commission of a
20 crime or contempt of court under subsection (a) or (b) of
21 this Section, the penalty shall be the penalty that
22 generally applies in such criminal or contempt
23 proceedings, and may include one or more of the following:
24 incarceration, payment of restitution, a fine, payment of
25 attorneys' fees and costs, or community service.
26 (2) The court shall hear and take into account

HB4697- 622 -LRB103 35722 RLC 65802 b
1 evidence of any factors in aggravation or mitigation
2 before deciding an appropriate penalty under paragraph (1)
3 of this subsection.
4 (3) To the extent permitted by law, the court is
5 encouraged to:
6 (i) increase the penalty for the knowing violation
7 of any civil no contact order over any penalty
8 previously imposed by any court for respondent's
9 violation of any civil no contact order or penal
10 statute involving petitioner as victim and respondent
11 as defendant;
12 (ii) impose a minimum penalty of 24 hours
13 imprisonment for respondent's first violation of any
14 civil no contact order; and
15 (iii) impose a minimum penalty of 48 hours
16 imprisonment for respondent's second or subsequent
17 violation of a civil no contact order unless the court
18 explicitly finds that an increased penalty or that
19 period of imprisonment would be manifestly unjust.
20 (4) In addition to any other penalties imposed for a
21 violation of a civil no contact order, a criminal court
22 may consider evidence of any previous violations of a
23 civil no contact order:
24 (i) to increase, revoke or modify the bail bond
25 conditions of pretrial release on an underlying
26 criminal charge pursuant to Section 110-6 of the Code

HB4697- 623 -LRB103 35722 RLC 65802 b
1 of Criminal Procedure of 1963;
2 (ii) to revoke or modify an order of probation,
3 conditional discharge or supervision, pursuant to
4 Section 5-6-4 of the Unified Code of Corrections; or
5 (iii) to revoke or modify a sentence of periodic
6 imprisonment, pursuant to Section 5-7-2 of the Unified
7 Code of Corrections.
8(Source: P.A. 103-407, eff. 7-28-23.)
9 Section 335. The Illinois Domestic Violence Act of 1986 is
10amended by changing Sections 223 and 301 as follows:
11 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
12 Sec. 223. Enforcement of orders of protection.
13 (a) When violation is crime. A violation of any order of
14protection, whether issued in a civil or criminal proceeding
15or by a military judge, shall be enforced by a criminal court
16when:
17 (1) The respondent commits the crime of violation of
18 an order of protection pursuant to Section 12-3.4 or 12-30
19 of the Criminal Code of 1961 or the Criminal Code of 2012,
20 by having knowingly violated:
21 (i) remedies described in paragraphs (1), (2),
22 (3), (14), or (14.5) of subsection (b) of Section 214
23 of this Act; or
24 (ii) a remedy, which is substantially similar to

HB4697- 624 -LRB103 35722 RLC 65802 b
1 the remedies authorized under paragraphs (1), (2),
2 (3), (14), and (14.5) of subsection (b) of Section 214
3 of this Act, in a valid order of protection which is
4 authorized under the laws of another state, tribe, or
5 United States territory; or
6 (iii) any other remedy when the act constitutes a
7 crime against the protected parties as defined by the
8 Criminal Code of 1961 or the Criminal Code of 2012.
9 Prosecution for a violation of an order of protection
10 shall not bar concurrent prosecution for any other crime,
11 including any crime that may have been committed at the
12 time of the violation of the order of protection; or
13 (2) The respondent commits the crime of child
14 abduction pursuant to Section 10-5 of the Criminal Code of
15 1961 or the Criminal Code of 2012, by having knowingly
16 violated:
17 (i) remedies described in paragraphs (5), (6) or
18 (8) of subsection (b) of Section 214 of this Act; or
19 (ii) a remedy, which is substantially similar to
20 the remedies authorized under paragraphs (5), (6), or
21 (8) of subsection (b) of Section 214 of this Act, in a
22 valid order of protection which is authorized under
23 the laws of another state, tribe, or United States
24 territory.
25 (b) When violation is contempt of court. A violation of
26any valid Illinois order of protection, whether issued in a

HB4697- 625 -LRB103 35722 RLC 65802 b
1civil or criminal proceeding or by a military judge, may be
2enforced through civil or criminal contempt procedures, as
3appropriate, by any court with jurisdiction, regardless where
4the act or acts which violated the order of protection were
5committed, to the extent consistent with the venue provisions
6of this Act. Nothing in this Act shall preclude any Illinois
7court from enforcing any valid order of protection issued in
8another state. Illinois courts may enforce orders of
9protection through both criminal prosecution and contempt
10proceedings, unless the action which is second in time is
11barred by collateral estoppel or the constitutional
12prohibition against double jeopardy.
13 (1) In a contempt proceeding where the petition for a
14 rule to show cause sets forth facts evidencing an
15 immediate danger that the respondent will flee the
16 jurisdiction, conceal a child, or inflict physical abuse
17 on the petitioner or minor children or on dependent adults
18 in petitioner's care, the court may order the attachment
19 of the respondent without prior service of the rule to
20 show cause or the petition for a rule to show cause. Bond
21 Conditions of release shall be set unless specifically
22 denied in writing.
23 (2) A petition for a rule to show cause for violation
24 of an order of protection shall be treated as an expedited
25 proceeding.
26 (b-1) The court shall not hold a school district or

HB4697- 626 -LRB103 35722 RLC 65802 b
1private or non-public school or any of its employees in civil
2or criminal contempt unless the school district or private or
3non-public school has been allowed to intervene.
4 (b-2) The court may hold the parents, guardian, or legal
5custodian of a minor respondent in civil or criminal contempt
6for a violation of any provision of any order entered under
7this Act for conduct of the minor respondent in violation of
8this Act if the parents, guardian, or legal custodian
9directed, encouraged, or assisted the respondent minor in such
10conduct.
11 (c) Violation of custody or support orders or temporary or
12final judgments allocating parental responsibilities. A
13violation of remedies described in paragraphs (5), (6), (8),
14or (9) of subsection (b) of Section 214 of this Act may be
15enforced by any remedy provided by Section 607.5 of the
16Illinois Marriage and Dissolution of Marriage Act. The court
17may enforce any order for support issued under paragraph (12)
18of subsection (b) of Section 214 in the manner provided for
19under Parts V and VII of the Illinois Marriage and Dissolution
20of Marriage Act.
21 (d) Actual knowledge. An order of protection may be
22enforced pursuant to this Section if the respondent violates
23the order after the respondent has actual knowledge of its
24contents as shown through one of the following means:
25 (1) By service, delivery, or notice under Section 210.
26 (2) By notice under Section 210.1 or 211.

HB4697- 627 -LRB103 35722 RLC 65802 b
1 (3) By service of an order of protection under Section
2 222.
3 (4) By other means demonstrating actual knowledge of
4 the contents of the order.
5 (e) The enforcement of an order of protection in civil or
6criminal court shall not be affected by either of the
7following:
8 (1) The existence of a separate, correlative order,
9 entered under Section 215.
10 (2) Any finding or order entered in a conjoined
11 criminal proceeding.
12 (f) Circumstances. The court, when determining whether or
13not a violation of an order of protection has occurred, shall
14not require physical manifestations of abuse on the person of
15the victim.
16 (g) Penalties.
17 (1) Except as provided in paragraph (3) of this
18 subsection, where the court finds the commission of a
19 crime or contempt of court under subsections (a) or (b) of
20 this Section, the penalty shall be the penalty that
21 generally applies in such criminal or contempt
22 proceedings, and may include one or more of the following:
23 incarceration, payment of restitution, a fine, payment of
24 attorneys' fees and costs, or community service.
25 (2) The court shall hear and take into account
26 evidence of any factors in aggravation or mitigation

HB4697- 628 -LRB103 35722 RLC 65802 b
1 before deciding an appropriate penalty under paragraph (1)
2 of this subsection.
3 (3) To the extent permitted by law, the court is
4 encouraged to:
5 (i) increase the penalty for the knowing violation
6 of any order of protection over any penalty previously
7 imposed by any court for respondent's violation of any
8 order of protection or penal statute involving
9 petitioner as victim and respondent as defendant;
10 (ii) impose a minimum penalty of 24 hours
11 imprisonment for respondent's first violation of any
12 order of protection; and
13 (iii) impose a minimum penalty of 48 hours
14 imprisonment for respondent's second or subsequent
15 violation of an order of protection
16 unless the court explicitly finds that an increased
17 penalty or that period of imprisonment would be manifestly
18 unjust.
19 (4) In addition to any other penalties imposed for a
20 violation of an order of protection, a criminal court may
21 consider evidence of any violations of an order of
22 protection:
23 (i) to increase, revoke or modify the bail bond
24 conditions of pretrial release on an underlying
25 criminal charge pursuant to Section 110-6 of the Code
26 of Criminal Procedure of 1963;

HB4697- 629 -LRB103 35722 RLC 65802 b
1 (ii) to revoke or modify an order of probation,
2 conditional discharge or supervision, pursuant to
3 Section 5-6-4 of the Unified Code of Corrections;
4 (iii) to revoke or modify a sentence of periodic
5 imprisonment, pursuant to Section 5-7-2 of the Unified
6 Code of Corrections.
7 (5) In addition to any other penalties, the court
8 shall impose an additional fine of $20 as authorized by
9 Section 5-9-1.11 of the Unified Code of Corrections upon
10 any person convicted of or placed on supervision for a
11 violation of an order of protection. The additional fine
12 shall be imposed for each violation of this Section.
13(Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
14 (750 ILCS 60/301) (from Ch. 40, par. 2313-1)
15 Sec. 301. Arrest without warrant.
16 (a) Any law enforcement officer may make an arrest without
17warrant if the officer has probable cause to believe that the
18person has committed or is committing any crime, including but
19not limited to violation of an order of protection, under
20Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
21Criminal Code of 2012, even if the crime was not committed in
22the presence of the officer.
23 (b) The law enforcement officer may verify the existence
24of an order of protection by telephone or radio communication
25with his or her law enforcement agency or by referring to the

HB4697- 630 -LRB103 35722 RLC 65802 b
1copy of the order, or order of protection described on a Hope
2Card under Section 219.5, provided by the petitioner or
3respondent.
4 (c) Any law enforcement officer may make an arrest without
5warrant if the officer has reasonable grounds to believe a
6defendant at liberty under the provisions of subdivision
7(d)(1) or (d)(2) of Section 110-10 of the Code of Criminal
8Procedure of 1963 has violated a condition of his or her bail
9bond pretrial release or recognizance.
10(Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22;
11102-813, eff. 5-13-22.)
12 Section 340. The Industrial and Linen Supplies Marking Law
13is amended by changing Section 11 as follows:
14 (765 ILCS 1045/11) (from Ch. 140, par. 111)
15 Sec. 11. Search warrant. Whenever the registrant, or
16officer, or authorized agent of any firm, partnership or
17corporation which is a registrant under this Act, takes an
18oath before any circuit court, that he has reason to believe
19that any supplies are being unlawfully used, sold, or secreted
20in any place, the court shall issue a search warrant to any
21police officer authorizing such officer to search the premises
22wherein it is alleged such articles may be found and take into
23custody any person in whose possession the articles are found.
24Any person so seized shall be taken without unnecessary delay

HB4697- 631 -LRB103 35722 RLC 65802 b
1before the court issuing the search warrant. The court is
2empowered to impose bail conditions of pretrial release on any
3such person to compel his attendance at any continued hearing.
4(Source: P.A. 101-652, eff. 1-1-23.)
5 Section 345. The Illinois Torture Inquiry and Relief
6Commission Act is amended by changing Section 50 as follows:
7 (775 ILCS 40/50)
8 Sec. 50. Post-commission judicial review.
9 (a) If the Commission concludes there is sufficient
10evidence of torture to merit judicial review, the Chair of the
11Commission shall request the Chief Judge of the Circuit Court
12of Cook County for assignment to a trial judge for
13consideration. The court may receive proof by affidavits,
14depositions, oral testimony, or other evidence. In its
15discretion the court may order the petitioner brought before
16the court for the hearing. Notwithstanding the status of any
17other postconviction proceedings relating to the petitioner,
18if the court finds in favor of the petitioner, it shall enter
19an appropriate order with respect to the judgment or sentence
20in the former proceedings and such supplementary orders as to
21rearraignment, retrial, custody, bail, pretrial release or
22discharge, or for such relief as may be granted under a
23petition for a certificate of innocence, as may be necessary
24and proper.

HB4697- 632 -LRB103 35722 RLC 65802 b
1 (b) The State's Attorney, or the State's Attorney's
2designee, shall represent the State at the hearing before the
3assigned judge.
4(Source: P.A. 101-652, eff. 1-1-23.)
5 Section 350. The Unemployment Insurance Act is amended by
6changing Section 602 as follows:
7 (820 ILCS 405/602) (from Ch. 48, par. 432)
8 Sec. 602. Discharge for misconduct - Felony.
9 A. An individual shall be ineligible for benefits for the
10week in which he has been discharged for misconduct connected
11with his work and, thereafter, until he has become reemployed
12and has had earnings equal to or in excess of his current
13weekly benefit amount in each of four calendar weeks which are
14either for services in employment, or have been or will be
15reported pursuant to the provisions of the Federal Insurance
16Contributions Act by each employing unit for which such
17services are performed and which submits a statement
18certifying to that fact. The requalification requirements of
19the preceding sentence shall be deemed to have been satisfied,
20as of the date of reinstatement, if, subsequent to his
21discharge by an employing unit for misconduct connected with
22his work, such individual is reinstated by such employing
23unit. For purposes of this subsection, the term "misconduct"
24means the deliberate and willful violation of a reasonable

HB4697- 633 -LRB103 35722 RLC 65802 b
1rule or policy of the employing unit, governing the
2individual's behavior in performance of his work, provided
3such violation has harmed the employing unit or other
4employees or has been repeated by the individual despite a
5warning or other explicit instruction from the employing unit.
6The previous definition notwithstanding, "misconduct" shall
7include any of the following work-related circumstances:
8 1. Falsification of an employment application, or any
9 other documentation provided to the employer, to obtain
10 employment through subterfuge.
11 2. Failure to maintain licenses, registrations, and
12 certifications reasonably required by the employer, or
13 those that the individual is required to possess by law,
14 to perform his or her regular job duties, unless the
15 failure is not within the control of the individual.
16 3. Knowing, repeated violation of the attendance
17 policies of the employer that are in compliance with State
18 and federal law following a written warning for an
19 attendance violation, unless the individual can
20 demonstrate that he or she has made a reasonable effort to
21 remedy the reason or reasons for the violations or that
22 the reason or reasons for the violations were out of the
23 individual's control. Attendance policies of the employer
24 shall be reasonable and provided to the individual in
25 writing, electronically, or via posting in the workplace.
26 4. Damaging the employer's property through conduct

HB4697- 634 -LRB103 35722 RLC 65802 b
1 that is grossly negligent.
2 5. Refusal to obey an employer's reasonable and lawful
3 instruction, unless the refusal is due to the lack of
4 ability, skills, or training for the individual required
5 to obey the instruction or the instruction would result in
6 an unsafe act.
7 6. Consuming alcohol or illegal or non-prescribed
8 prescription drugs, or using an impairing substance in an
9 off-label manner, on the employer's premises during
10 working hours in violation of the employer's policies.
11 7. Reporting to work under the influence of alcohol,
12 illegal or non-prescribed prescription drugs, or an
13 impairing substance used in an off-label manner in
14 violation of the employer's policies, unless the
15 individual is compelled to report to work by the employer
16 outside of scheduled and on-call working hours and informs
17 the employer that he or she is under the influence of
18 alcohol, illegal or non-prescribed prescription drugs, or
19 an impairing substance used in an off-label manner in
20 violation of the employer's policies.
21 8. Grossly negligent conduct endangering the safety of
22 the individual or co-workers.
23 For purposes of paragraphs 4 and 8, conduct is "grossly
24negligent" when the individual is, or reasonably should be,
25aware of a substantial risk that the conduct will result in the
26harm sought to be prevented and the conduct constitutes a

HB4697- 635 -LRB103 35722 RLC 65802 b
1substantial deviation from the standard of care a reasonable
2person would exercise in the situation.
3 Nothing in paragraph 6 or 7 prohibits the lawful use of
4over-the-counter drug products as defined in Section 206 of
5the Illinois Controlled Substances Act, provided that the
6medication does not affect the safe performance of the
7employee's work duties.
8 B. Notwithstanding any other provision of this Act, no
9benefit rights shall accrue to any individual based upon wages
10from any employer for service rendered prior to the day upon
11which such individual was discharged because of the commission
12of a felony in connection with his work, or because of theft in
13connection with his work, for which the employer was in no way
14responsible; provided, that the employer notified the Director
15of such possible ineligibility within the time limits
16specified by regulations of the Director, and that the
17individual has admitted his commission of the felony or theft
18to a representative of the Director, or has signed a written
19admission of such act and such written admission has been
20presented to a representative of the Director, or such act has
21resulted in a conviction or order of supervision by a court of
22competent jurisdiction; and provided further, that if by
23reason of such act, he is in legal custody, held on bail
24pretrial release or is a fugitive from justice, the
25determination of his benefit rights shall be held in abeyance
26pending the result of any legal proceedings arising therefrom.

HB4697- 636 -LRB103 35722 RLC 65802 b
1(Source: P.A. 101-652, eff. 1-1-23.)
2 (730 ILCS 5/3-6-7.1 rep.)
3 (730 ILCS 5/3-6-7.2 rep.)
4 (730 ILCS 5/3-6-7.3 rep.)
5 (730 ILCS 5/3-6-7.4 rep.)
6 Section 355. The Unified Code of Corrections is amended by
7repealing Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4.
8 (730 ILCS 125/17.6 rep.)
9 (730 ILCS 125/17.7 rep.)
10 (730 ILCS 125/17.8 rep.)
11 (730 ILCS 125/17.9 rep.)
12 Section 360. The County Jail Act is amended by repealing
13Sections 17.6, 17.7, 17.8, and 17.9.
14 Section 365. The Open Meetings Act is amended by changing
15Section 2 as follows:
16 (5 ILCS 120/2) (from Ch. 102, par. 42)
17 Sec. 2. Open meetings.
18 (a) Openness required. All meetings of public bodies shall
19be open to the public unless excepted in subsection (c) and
20closed in accordance with Section 2a.
21 (b) Construction of exceptions. The exceptions contained
22in subsection (c) are in derogation of the requirement that

HB4697- 637 -LRB103 35722 RLC 65802 b
1public bodies meet in the open, and therefore, the exceptions
2are to be strictly construed, extending only to subjects
3clearly within their scope. The exceptions authorize but do
4not require the holding of a closed meeting to discuss a
5subject included within an enumerated exception.
6 (c) Exceptions. A public body may hold closed meetings to
7consider the following subjects:
8 (1) The appointment, employment, compensation,
9 discipline, performance, or dismissal of specific
10 employees, specific individuals who serve as independent
11 contractors in a park, recreational, or educational
12 setting, or specific volunteers of the public body or
13 legal counsel for the public body, including hearing
14 testimony on a complaint lodged against an employee, a
15 specific individual who serves as an independent
16 contractor in a park, recreational, or educational
17 setting, or a volunteer of the public body or against
18 legal counsel for the public body to determine its
19 validity. However, a meeting to consider an increase in
20 compensation to a specific employee of a public body that
21 is subject to the Local Government Wage Increase
22 Transparency Act may not be closed and shall be open to the
23 public and posted and held in accordance with this Act.
24 (2) Collective negotiating matters between the public
25 body and its employees or their representatives, or
26 deliberations concerning salary schedules for one or more

HB4697- 638 -LRB103 35722 RLC 65802 b
1 classes of employees.
2 (3) The selection of a person to fill a public office,
3 as defined in this Act, including a vacancy in a public
4 office, when the public body is given power to appoint
5 under law or ordinance, or the discipline, performance or
6 removal of the occupant of a public office, when the
7 public body is given power to remove the occupant under
8 law or ordinance.
9 (4) Evidence or testimony presented in open hearing,
10 or in closed hearing where specifically authorized by law,
11 to a quasi-adjudicative body, as defined in this Act,
12 provided that the body prepares and makes available for
13 public inspection a written decision setting forth its
14 determinative reasoning.
15 (4.5) Evidence or testimony presented to a school
16 board regarding denial of admission to school events or
17 property pursuant to Section 24-24 of the School Code,
18 provided that the school board prepares and makes
19 available for public inspection a written decision setting
20 forth its determinative reasoning.
21 (5) The purchase or lease of real property for the use
22 of the public body, including meetings held for the
23 purpose of discussing whether a particular parcel should
24 be acquired.
25 (6) The setting of a price for sale or lease of
26 property owned by the public body.

HB4697- 639 -LRB103 35722 RLC 65802 b
1 (7) The sale or purchase of securities, investments,
2 or investment contracts. This exception shall not apply to
3 the investment of assets or income of funds deposited into
4 the Illinois Prepaid Tuition Trust Fund.
5 (8) Security procedures, school building safety and
6 security, and the use of personnel and equipment to
7 respond to an actual, a threatened, or a reasonably
8 potential danger to the safety of employees, students,
9 staff, the public, or public property.
10 (9) Student disciplinary cases.
11 (10) The placement of individual students in special
12 education programs and other matters relating to
13 individual students.
14 (11) Litigation, when an action against, affecting or
15 on behalf of the particular public body has been filed and
16 is pending before a court or administrative tribunal, or
17 when the public body finds that an action is probable or
18 imminent, in which case the basis for the finding shall be
19 recorded and entered into the minutes of the closed
20 meeting.
21 (12) The establishment of reserves or settlement of
22 claims as provided in the Local Governmental and
23 Governmental Employees Tort Immunity Act, if otherwise the
24 disposition of a claim or potential claim might be
25 prejudiced, or the review or discussion of claims, loss or
26 risk management information, records, data, advice or

HB4697- 640 -LRB103 35722 RLC 65802 b
1 communications from or with respect to any insurer of the
2 public body or any intergovernmental risk management
3 association or self insurance pool of which the public
4 body is a member.
5 (13) Conciliation of complaints of discrimination in
6 the sale or rental of housing, when closed meetings are
7 authorized by the law or ordinance prescribing fair
8 housing practices and creating a commission or
9 administrative agency for their enforcement.
10 (14) Informant sources, the hiring or assignment of
11 undercover personnel or equipment, or ongoing, prior or
12 future criminal investigations, when discussed by a public
13 body with criminal investigatory responsibilities.
14 (15) Professional ethics or performance when
15 considered by an advisory body appointed to advise a
16 licensing or regulatory agency on matters germane to the
17 advisory body's field of competence.
18 (16) Self evaluation, practices and procedures or
19 professional ethics, when meeting with a representative of
20 a statewide association of which the public body is a
21 member.
22 (17) The recruitment, credentialing, discipline or
23 formal peer review of physicians or other health care
24 professionals, or for the discussion of matters protected
25 under the federal Patient Safety and Quality Improvement
26 Act of 2005, and the regulations promulgated thereunder,

HB4697- 641 -LRB103 35722 RLC 65802 b
1 including 42 C.F.R. Part 3 (73 FR 70732), or the federal
2 Health Insurance Portability and Accountability Act of
3 1996, and the regulations promulgated thereunder,
4 including 45 C.F.R. Parts 160, 162, and 164, by a
5 hospital, or other institution providing medical care,
6 that is operated by the public body.
7 (18) Deliberations for decisions of the Prisoner
8 Review Board.
9 (19) Review or discussion of applications received
10 under the Experimental Organ Transplantation Procedures
11 Act.
12 (20) The classification and discussion of matters
13 classified as confidential or continued confidential by
14 the State Government Suggestion Award Board.
15 (21) Discussion of minutes of meetings lawfully closed
16 under this Act, whether for purposes of approval by the
17 body of the minutes or semi-annual review of the minutes
18 as mandated by Section 2.06.
19 (22) Deliberations for decisions of the State
20 Emergency Medical Services Disciplinary Review Board.
21 (23) The operation by a municipality of a municipal
22 utility or the operation of a municipal power agency or
23 municipal natural gas agency when the discussion involves
24 (i) contracts relating to the purchase, sale, or delivery
25 of electricity or natural gas or (ii) the results or
26 conclusions of load forecast studies.

HB4697- 642 -LRB103 35722 RLC 65802 b
1 (24) Meetings of a residential health care facility
2 resident sexual assault and death review team or the
3 Executive Council under the Abuse Prevention Review Team
4 Act.
5 (25) Meetings of an independent team of experts under
6 Brian's Law.
7 (26) Meetings of a mortality review team appointed
8 under the Department of Juvenile Justice Mortality Review
9 Team Act.
10 (27) (Blank).
11 (28) Correspondence and records (i) that may not be
12 disclosed under Section 11-9 of the Illinois Public Aid
13 Code or (ii) that pertain to appeals under Section 11-8 of
14 the Illinois Public Aid Code.
15 (29) Meetings between internal or external auditors
16 and governmental audit committees, finance committees, and
17 their equivalents, when the discussion involves internal
18 control weaknesses, identification of potential fraud risk
19 areas, known or suspected frauds, and fraud interviews
20 conducted in accordance with generally accepted auditing
21 standards of the United States of America.
22 (30) Those meetings or portions of meetings of a
23 fatality review team or the Illinois Fatality Review Team
24 Advisory Council during which a review of the death of an
25 eligible adult in which abuse or neglect is suspected,
26 alleged, or substantiated is conducted pursuant to Section

HB4697- 643 -LRB103 35722 RLC 65802 b
1 15 of the Adult Protective Services Act.
2 (31) Meetings and deliberations for decisions of the
3 Concealed Carry Licensing Review Board under the Firearm
4 Concealed Carry Act.
5 (32) Meetings between the Regional Transportation
6 Authority Board and its Service Boards when the discussion
7 involves review by the Regional Transportation Authority
8 Board of employment contracts under Section 28d of the
9 Metropolitan Transit Authority Act and Sections 3A.18 and
10 3B.26 of the Regional Transportation Authority Act.
11 (33) Those meetings or portions of meetings of the
12 advisory committee and peer review subcommittee created
13 under Section 320 of the Illinois Controlled Substances
14 Act during which specific controlled substance prescriber,
15 dispenser, or patient information is discussed.
16 (34) Meetings of the Tax Increment Financing Reform
17 Task Force under Section 2505-800 of the Department of
18 Revenue Law of the Civil Administrative Code of Illinois.
19 (35) Meetings of the group established to discuss
20 Medicaid capitation rates under Section 5-30.8 of the
21 Illinois Public Aid Code.
22 (36) Those deliberations or portions of deliberations
23 for decisions of the Illinois Gaming Board in which there
24 is discussed any of the following: (i) personal,
25 commercial, financial, or other information obtained from
26 any source that is privileged, proprietary, confidential,

HB4697- 644 -LRB103 35722 RLC 65802 b
1 or a trade secret; or (ii) information specifically
2 exempted from the disclosure by federal or State law.
3 (37) (Blank). Deliberations for decisions of the
4 Illinois Law Enforcement Training Standards Board, the
5 Certification Review Panel, and the Illinois State Police
6 Merit Board regarding certification and decertification.
7 (38) Meetings of the Ad Hoc Statewide Domestic
8 Violence Fatality Review Committee of the Illinois
9 Criminal Justice Information Authority Board that occur in
10 closed executive session under subsection (d) of Section
11 35 of the Domestic Violence Fatality Review Act.
12 (39) Meetings of the regional review teams under
13 subsection (a) of Section 75 of the Domestic Violence
14 Fatality Review Act.
15 (40) Meetings of the Firearm Owner's Identification
16 Card Review Board under Section 10 of the Firearm Owners
17 Identification Card Act.
18 (d) Definitions. For purposes of this Section:
19 "Employee" means a person employed by a public body whose
20relationship with the public body constitutes an
21employer-employee relationship under the usual common law
22rules, and who is not an independent contractor.
23 "Public office" means a position created by or under the
24Constitution or laws of this State, the occupant of which is
25charged with the exercise of some portion of the sovereign
26power of this State. The term "public office" shall include

HB4697- 645 -LRB103 35722 RLC 65802 b
1members of the public body, but it shall not include
2organizational positions filled by members thereof, whether
3established by law or by a public body itself, that exist to
4assist the body in the conduct of its business.
5 "Quasi-adjudicative body" means an administrative body
6charged by law or ordinance with the responsibility to conduct
7hearings, receive evidence or testimony and make
8determinations based thereon, but does not include local
9electoral boards when such bodies are considering petition
10challenges.
11 (e) Final action. No final action may be taken at a closed
12meeting. Final action shall be preceded by a public recital of
13the nature of the matter being considered and other
14information that will inform the public of the business being
15conducted.
16(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
17102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
187-28-23.)
19 Section 370. The Freedom of Information Act is amended by
20changing Sections 7 and 7.5 as follows:
21 (5 ILCS 140/7)
22 Sec. 7. Exemptions.
23 (1) When a request is made to inspect or copy a public
24record that contains information that is exempt from

HB4697- 646 -LRB103 35722 RLC 65802 b
1disclosure under this Section, but also contains information
2that is not exempt from disclosure, the public body may elect
3to redact the information that is exempt. The public body
4shall make the remaining information available for inspection
5and copying. Subject to this requirement, the following shall
6be exempt from inspection and copying:
7 (a) Information specifically prohibited from
8 disclosure by federal or State law or rules and
9 regulations implementing federal or State law.
10 (b) Private information, unless disclosure is required
11 by another provision of this Act, a State or federal law,
12 or a court order.
13 (b-5) Files, documents, and other data or databases
14 maintained by one or more law enforcement agencies and
15 specifically designed to provide information to one or
16 more law enforcement agencies regarding the physical or
17 mental status of one or more individual subjects.
18 (c) Personal information contained within public
19 records, the disclosure of which would constitute a
20 clearly unwarranted invasion of personal privacy, unless
21 the disclosure is consented to in writing by the
22 individual subjects of the information. "Unwarranted
23 invasion of personal privacy" means the disclosure of
24 information that is highly personal or objectionable to a
25 reasonable person and in which the subject's right to
26 privacy outweighs any legitimate public interest in

HB4697- 647 -LRB103 35722 RLC 65802 b
1 obtaining the information. The disclosure of information
2 that bears on the public duties of public employees and
3 officials shall not be considered an invasion of personal
4 privacy.
5 (d) Records in the possession of any public body
6 created in the course of administrative enforcement
7 proceedings, and any law enforcement or correctional
8 agency for law enforcement purposes, but only to the
9 extent that disclosure would:
10 (i) interfere with pending or actually and
11 reasonably contemplated law enforcement proceedings
12 conducted by any law enforcement or correctional
13 agency that is the recipient of the request;
14 (ii) interfere with active administrative
15 enforcement proceedings conducted by the public body
16 that is the recipient of the request;
17 (iii) create a substantial likelihood that a
18 person will be deprived of a fair trial or an impartial
19 hearing;
20 (iv) unavoidably disclose the identity of a
21 confidential source, confidential information
22 furnished only by the confidential source, or persons
23 who file complaints with or provide information to
24 administrative, investigative, law enforcement, or
25 penal agencies; except that the identities of
26 witnesses to traffic crashes, traffic crash reports,

HB4697- 648 -LRB103 35722 RLC 65802 b
1 and rescue reports shall be provided by agencies of
2 local government, except when disclosure would
3 interfere with an active criminal investigation
4 conducted by the agency that is the recipient of the
5 request;
6 (v) disclose unique or specialized investigative
7 techniques other than those generally used and known
8 or disclose internal documents of correctional
9 agencies related to detection, observation, or
10 investigation of incidents of crime or misconduct, and
11 disclosure would result in demonstrable harm to the
12 agency or public body that is the recipient of the
13 request;
14 (vi) endanger the life or physical safety of law
15 enforcement personnel or any other person; or
16 (vii) obstruct an ongoing criminal investigation
17 by the agency that is the recipient of the request.
18 (d-5) A law enforcement record created for law
19 enforcement purposes and contained in a shared electronic
20 record management system if the law enforcement agency
21 that is the recipient of the request did not create the
22 record, did not participate in or have a role in any of the
23 events which are the subject of the record, and only has
24 access to the record through the shared electronic record
25 management system.
26 (d-6) (Blank). Records contained in the Officer

HB4697- 649 -LRB103 35722 RLC 65802 b
1 Professional Conduct Database under Section 9.2 of the
2 Illinois Police Training Act, except to the extent
3 authorized under that Section. This includes the documents
4 supplied to the Illinois Law Enforcement Training
5 Standards Board from the Illinois State Police and
6 Illinois State Police Merit Board.
7 (d-7) Information gathered or records created from the
8 use of automatic license plate readers in connection with
9 Section 2-130 of the Illinois Vehicle Code.
10 (e) Records that relate to or affect the security of
11 correctional institutions and detention facilities.
12 (e-5) Records requested by persons committed to the
13 Department of Corrections, Department of Human Services
14 Division of Mental Health, or a county jail if those
15 materials are available in the library of the correctional
16 institution or facility or jail where the inmate is
17 confined.
18 (e-6) Records requested by persons committed to the
19 Department of Corrections, Department of Human Services
20 Division of Mental Health, or a county jail if those
21 materials include records from staff members' personnel
22 files, staff rosters, or other staffing assignment
23 information.
24 (e-7) Records requested by persons committed to the
25 Department of Corrections or Department of Human Services
26 Division of Mental Health if those materials are available

HB4697- 650 -LRB103 35722 RLC 65802 b
1 through an administrative request to the Department of
2 Corrections or Department of Human Services Division of
3 Mental Health.
4 (e-8) Records requested by a person committed to the
5 Department of Corrections, Department of Human Services
6 Division of Mental Health, or a county jail, the
7 disclosure of which would result in the risk of harm to any
8 person or the risk of an escape from a jail or correctional
9 institution or facility.
10 (e-9) Records requested by a person in a county jail
11 or committed to the Department of Corrections or
12 Department of Human Services Division of Mental Health,
13 containing personal information pertaining to the person's
14 victim or the victim's family, including, but not limited
15 to, a victim's home address, home telephone number, work
16 or school address, work telephone number, social security
17 number, or any other identifying information, except as
18 may be relevant to a requester's current or potential case
19 or claim.
20 (e-10) Law enforcement records of other persons
21 requested by a person committed to the Department of
22 Corrections, Department of Human Services Division of
23 Mental Health, or a county jail, including, but not
24 limited to, arrest and booking records, mug shots, and
25 crime scene photographs, except as these records may be
26 relevant to the requester's current or potential case or

HB4697- 651 -LRB103 35722 RLC 65802 b
1 claim.
2 (f) Preliminary drafts, notes, recommendations,
3 memoranda, and other records in which opinions are
4 expressed, or policies or actions are formulated, except
5 that a specific record or relevant portion of a record
6 shall not be exempt when the record is publicly cited and
7 identified by the head of the public body. The exemption
8 provided in this paragraph (f) extends to all those
9 records of officers and agencies of the General Assembly
10 that pertain to the preparation of legislative documents.
11 (g) Trade secrets and commercial or financial
12 information obtained from a person or business where the
13 trade secrets or commercial or financial information are
14 furnished under a claim that they are proprietary,
15 privileged, or confidential, and that disclosure of the
16 trade secrets or commercial or financial information would
17 cause competitive harm to the person or business, and only
18 insofar as the claim directly applies to the records
19 requested.
20 The information included under this exemption includes
21 all trade secrets and commercial or financial information
22 obtained by a public body, including a public pension
23 fund, from a private equity fund or a privately held
24 company within the investment portfolio of a private
25 equity fund as a result of either investing or evaluating
26 a potential investment of public funds in a private equity

HB4697- 652 -LRB103 35722 RLC 65802 b
1 fund. The exemption contained in this item does not apply
2 to the aggregate financial performance information of a
3 private equity fund, nor to the identity of the fund's
4 managers or general partners. The exemption contained in
5 this item does not apply to the identity of a privately
6 held company within the investment portfolio of a private
7 equity fund, unless the disclosure of the identity of a
8 privately held company may cause competitive harm.
9 Nothing contained in this paragraph (g) shall be
10 construed to prevent a person or business from consenting
11 to disclosure.
12 (h) Proposals and bids for any contract, grant, or
13 agreement, including information which if it were
14 disclosed would frustrate procurement or give an advantage
15 to any person proposing to enter into a contractor
16 agreement with the body, until an award or final selection
17 is made. Information prepared by or for the body in
18 preparation of a bid solicitation shall be exempt until an
19 award or final selection is made.
20 (i) Valuable formulae, computer geographic systems,
21 designs, drawings, and research data obtained or produced
22 by any public body when disclosure could reasonably be
23 expected to produce private gain or public loss. The
24 exemption for "computer geographic systems" provided in
25 this paragraph (i) does not extend to requests made by
26 news media as defined in Section 2 of this Act when the

HB4697- 653 -LRB103 35722 RLC 65802 b
1 requested information is not otherwise exempt and the only
2 purpose of the request is to access and disseminate
3 information regarding the health, safety, welfare, or
4 legal rights of the general public.
5 (j) The following information pertaining to
6 educational matters:
7 (i) test questions, scoring keys, and other
8 examination data used to administer an academic
9 examination;
10 (ii) information received by a primary or
11 secondary school, college, or university under its
12 procedures for the evaluation of faculty members by
13 their academic peers;
14 (iii) information concerning a school or
15 university's adjudication of student disciplinary
16 cases, but only to the extent that disclosure would
17 unavoidably reveal the identity of the student; and
18 (iv) course materials or research materials used
19 by faculty members.
20 (k) Architects' plans, engineers' technical
21 submissions, and other construction related technical
22 documents for projects not constructed or developed in
23 whole or in part with public funds and the same for
24 projects constructed or developed with public funds,
25 including, but not limited to, power generating and
26 distribution stations and other transmission and

HB4697- 654 -LRB103 35722 RLC 65802 b
1 distribution facilities, water treatment facilities,
2 airport facilities, sport stadiums, convention centers,
3 and all government owned, operated, or occupied buildings,
4 but only to the extent that disclosure would compromise
5 security.
6 (l) Minutes of meetings of public bodies closed to the
7 public as provided in the Open Meetings Act until the
8 public body makes the minutes available to the public
9 under Section 2.06 of the Open Meetings Act.
10 (m) Communications between a public body and an
11 attorney or auditor representing the public body that
12 would not be subject to discovery in litigation, and
13 materials prepared or compiled by or for a public body in
14 anticipation of a criminal, civil, or administrative
15 proceeding upon the request of an attorney advising the
16 public body, and materials prepared or compiled with
17 respect to internal audits of public bodies.
18 (n) Records relating to a public body's adjudication
19 of employee grievances or disciplinary cases; however,
20 this exemption shall not extend to the final outcome of
21 cases in which discipline is imposed.
22 (o) Administrative or technical information associated
23 with automated data processing operations, including, but
24 not limited to, software, operating protocols, computer
25 program abstracts, file layouts, source listings, object
26 modules, load modules, user guides, documentation

HB4697- 655 -LRB103 35722 RLC 65802 b
1 pertaining to all logical and physical design of
2 computerized systems, employee manuals, and any other
3 information that, if disclosed, would jeopardize the
4 security of the system or its data or the security of
5 materials exempt under this Section.
6 (p) Records relating to collective negotiating matters
7 between public bodies and their employees or
8 representatives, except that any final contract or
9 agreement shall be subject to inspection and copying.
10 (q) Test questions, scoring keys, and other
11 examination data used to determine the qualifications of
12 an applicant for a license or employment.
13 (r) The records, documents, and information relating
14 to real estate purchase negotiations until those
15 negotiations have been completed or otherwise terminated.
16 With regard to a parcel involved in a pending or actually
17 and reasonably contemplated eminent domain proceeding
18 under the Eminent Domain Act, records, documents, and
19 information relating to that parcel shall be exempt except
20 as may be allowed under discovery rules adopted by the
21 Illinois Supreme Court. The records, documents, and
22 information relating to a real estate sale shall be exempt
23 until a sale is consummated.
24 (s) Any and all proprietary information and records
25 related to the operation of an intergovernmental risk
26 management association or self-insurance pool or jointly

HB4697- 656 -LRB103 35722 RLC 65802 b
1 self-administered health and accident cooperative or pool.
2 Insurance or self-insurance (including any
3 intergovernmental risk management association or
4 self-insurance pool) claims, loss or risk management
5 information, records, data, advice, or communications.
6 (t) Information contained in or related to
7 examination, operating, or condition reports prepared by,
8 on behalf of, or for the use of a public body responsible
9 for the regulation or supervision of financial
10 institutions, insurance companies, or pharmacy benefit
11 managers, unless disclosure is otherwise required by State
12 law.
13 (u) Information that would disclose or might lead to
14 the disclosure of secret or confidential information,
15 codes, algorithms, programs, or private keys intended to
16 be used to create electronic signatures under the Uniform
17 Electronic Transactions Act.
18 (v) Vulnerability assessments, security measures, and
19 response policies or plans that are designed to identify,
20 prevent, or respond to potential attacks upon a
21 community's population or systems, facilities, or
22 installations, but only to the extent that disclosure
23 could reasonably be expected to expose the vulnerability
24 or jeopardize the effectiveness of the measures, policies,
25 or plans, or the safety of the personnel who implement
26 them or the public. Information exempt under this item may

HB4697- 657 -LRB103 35722 RLC 65802 b
1 include such things as details pertaining to the
2 mobilization or deployment of personnel or equipment, to
3 the operation of communication systems or protocols, to
4 cybersecurity vulnerabilities, or to tactical operations.
5 (w) (Blank).
6 (x) Maps and other records regarding the location or
7 security of generation, transmission, distribution,
8 storage, gathering, treatment, or switching facilities
9 owned by a utility, by a power generator, or by the
10 Illinois Power Agency.
11 (y) Information contained in or related to proposals,
12 bids, or negotiations related to electric power
13 procurement under Section 1-75 of the Illinois Power
14 Agency Act and Section 16-111.5 of the Public Utilities
15 Act that is determined to be confidential and proprietary
16 by the Illinois Power Agency or by the Illinois Commerce
17 Commission.
18 (z) Information about students exempted from
19 disclosure under Section 10-20.38 or 34-18.29 of the
20 School Code, and information about undergraduate students
21 enrolled at an institution of higher education exempted
22 from disclosure under Section 25 of the Illinois Credit
23 Card Marketing Act of 2009.
24 (aa) Information the disclosure of which is exempted
25 under the Viatical Settlements Act of 2009.
26 (bb) Records and information provided to a mortality

HB4697- 658 -LRB103 35722 RLC 65802 b
1 review team and records maintained by a mortality review
2 team appointed under the Department of Juvenile Justice
3 Mortality Review Team Act.
4 (cc) Information regarding interments, entombments, or
5 inurnments of human remains that are submitted to the
6 Cemetery Oversight Database under the Cemetery Care Act or
7 the Cemetery Oversight Act, whichever is applicable.
8 (dd) Correspondence and records (i) that may not be
9 disclosed under Section 11-9 of the Illinois Public Aid
10 Code or (ii) that pertain to appeals under Section 11-8 of
11 the Illinois Public Aid Code.
12 (ee) The names, addresses, or other personal
13 information of persons who are minors and are also
14 participants and registrants in programs of park
15 districts, forest preserve districts, conservation
16 districts, recreation agencies, and special recreation
17 associations.
18 (ff) The names, addresses, or other personal
19 information of participants and registrants in programs of
20 park districts, forest preserve districts, conservation
21 districts, recreation agencies, and special recreation
22 associations where such programs are targeted primarily to
23 minors.
24 (gg) Confidential information described in Section
25 1-100 of the Illinois Independent Tax Tribunal Act of
26 2012.

HB4697- 659 -LRB103 35722 RLC 65802 b
1 (hh) The report submitted to the State Board of
2 Education by the School Security and Standards Task Force
3 under item (8) of subsection (d) of Section 2-3.160 of the
4 School Code and any information contained in that report.
5 (ii) Records requested by persons committed to or
6 detained by the Department of Human Services under the
7 Sexually Violent Persons Commitment Act or committed to
8 the Department of Corrections under the Sexually Dangerous
9 Persons Act if those materials: (i) are available in the
10 library of the facility where the individual is confined;
11 (ii) include records from staff members' personnel files,
12 staff rosters, or other staffing assignment information;
13 or (iii) are available through an administrative request
14 to the Department of Human Services or the Department of
15 Corrections.
16 (jj) Confidential information described in Section
17 5-535 of the Civil Administrative Code of Illinois.
18 (kk) The public body's credit card numbers, debit card
19 numbers, bank account numbers, Federal Employer
20 Identification Number, security code numbers, passwords,
21 and similar account information, the disclosure of which
22 could result in identity theft or impression or defrauding
23 of a governmental entity or a person.
24 (ll) Records concerning the work of the threat
25 assessment team of a school district, including, but not
26 limited to, any threat assessment procedure under the

HB4697- 660 -LRB103 35722 RLC 65802 b
1 School Safety Drill Act and any information contained in
2 the procedure.
3 (mm) Information prohibited from being disclosed under
4 subsections (a) and (b) of Section 15 of the Student
5 Confidential Reporting Act.
6 (nn) Proprietary information submitted to the
7 Environmental Protection Agency under the Drug Take-Back
8 Act.
9 (oo) Records described in subsection (f) of Section
10 3-5-1 of the Unified Code of Corrections.
11 (pp) Any and all information regarding burials,
12 interments, or entombments of human remains as required to
13 be reported to the Department of Natural Resources
14 pursuant either to the Archaeological and Paleontological
15 Resources Protection Act or the Human Remains Protection
16 Act.
17 (qq) (pp) Reports described in subsection (e) of
18 Section 16-15 of the Abortion Care Clinical Training
19 Program Act.
20 (rr) (pp) Information obtained by a certified local
21 health department under the Access to Public Health Data
22 Act.
23 (ss) (pp) For a request directed to a public body that
24 is also a HIPAA-covered entity, all information that is
25 protected health information, including demographic
26 information, that may be contained within or extracted

HB4697- 661 -LRB103 35722 RLC 65802 b
1 from any record held by the public body in compliance with
2 State and federal medical privacy laws and regulations,
3 including, but not limited to, the Health Insurance
4 Portability and Accountability Act and its regulations, 45
5 CFR Parts 160 and 164. As used in this paragraph,
6 "HIPAA-covered entity" has the meaning given to the term
7 "covered entity" in 45 CFR 160.103 and "protected health
8 information" has the meaning given to that term in 45 CFR
9 160.103.
10 (1.5) Any information exempt from disclosure under the
11Judicial Privacy Act shall be redacted from public records
12prior to disclosure under this Act.
13 (2) A public record that is not in the possession of a
14public body but is in the possession of a party with whom the
15agency has contracted to perform a governmental function on
16behalf of the public body, and that directly relates to the
17governmental function and is not otherwise exempt under this
18Act, shall be considered a public record of the public body,
19for purposes of this Act.
20 (3) This Section does not authorize withholding of
21information or limit the availability of records to the
22public, except as stated in this Section or otherwise provided
23in this Act.
24(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
25102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
261-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,

HB4697- 662 -LRB103 35722 RLC 65802 b
1eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
2103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
38-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
49-7-23.)
5 (5 ILCS 140/7.5)
6 (Text of Section before amendment by P.A. 103-472)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other
19 records prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating
24 to known or suspected cases of sexually transmissible
25 disease or any information the disclosure of which is

HB4697- 663 -LRB103 35722 RLC 65802 b
1 restricted under the Illinois Sexually Transmissible
2 Disease Control Act.
3 (e) Information the disclosure of which is exempted
4 under Section 30 of the Radon Industry Licensing Act.
5 (f) Firm performance evaluations under Section 55 of
6 the Architectural, Engineering, and Land Surveying
7 Qualifications Based Selection Act.
8 (g) Information the disclosure of which is restricted
9 and exempted under Section 50 of the Illinois Prepaid
10 Tuition Act.
11 (h) Information the disclosure of which is exempted
12 under the State Officials and Employees Ethics Act, and
13 records of any lawfully created State or local inspector
14 general's office that would be exempt if created or
15 obtained by an Executive Inspector General's office under
16 that Act.
17 (i) Information contained in a local emergency energy
18 plan submitted to a municipality in accordance with a
19 local emergency energy plan ordinance that is adopted
20 under Section 11-21.5-5 of the Illinois Municipal Code.
21 (j) Information and data concerning the distribution
22 of surcharge moneys collected and remitted by carriers
23 under the Emergency Telephone System Act.
24 (k) Law enforcement officer identification information
25 or driver identification information compiled by a law
26 enforcement agency or the Department of Transportation

HB4697- 664 -LRB103 35722 RLC 65802 b
1 under Section 11-212 of the Illinois Vehicle Code.
2 (l) Records and information provided to a residential
3 health care facility resident sexual assault and death
4 review team or the Executive Council under the Abuse
5 Prevention Review Team Act.
6 (m) Information provided to the predatory lending
7 database created pursuant to Article 3 of the Residential
8 Real Property Disclosure Act, except to the extent
9 authorized under that Article.
10 (n) Defense budgets and petitions for certification of
11 compensation and expenses for court appointed trial
12 counsel as provided under Sections 10 and 15 of the
13 Capital Crimes Litigation Act or the Capital Crimes
14 Litigation Act of 2024. This subsection (n) shall apply
15 until the conclusion of the trial of the case, even if the
16 prosecution chooses not to pursue the death penalty prior
17 to trial or sentencing.
18 (o) Information that is prohibited from being
19 disclosed under Section 4 of the Illinois Health and
20 Hazardous Substances Registry Act.
21 (p) Security portions of system safety program plans,
22 investigation reports, surveys, schedules, lists, data, or
23 information compiled, collected, or prepared by or for the
24 Department of Transportation under Sections 2705-300 and
25 2705-616 of the Department of Transportation Law of the
26 Civil Administrative Code of Illinois, the Regional

HB4697- 665 -LRB103 35722 RLC 65802 b
1 Transportation Authority under Section 2.11 of the
2 Regional Transportation Authority Act, or the St. Clair
3 County Transit District under the Bi-State Transit Safety
4 Act (repealed).
5 (q) Information prohibited from being disclosed by the
6 Personnel Record Review Act.
7 (r) Information prohibited from being disclosed by the
8 Illinois School Student Records Act.
9 (s) Information the disclosure of which is restricted
10 under Section 5-108 of the Public Utilities Act.
11 (t) (Blank).
12 (u) Records and information provided to an independent
13 team of experts under the Developmental Disability and
14 Mental Health Safety Act (also known as Brian's Law).
15 (v) Names and information of people who have applied
16 for or received Firearm Owner's Identification Cards under
17 the Firearm Owners Identification Card Act or applied for
18 or received a concealed carry license under the Firearm
19 Concealed Carry Act, unless otherwise authorized by the
20 Firearm Concealed Carry Act; and databases under the
21 Firearm Concealed Carry Act, records of the Concealed
22 Carry Licensing Review Board under the Firearm Concealed
23 Carry Act, and law enforcement agency objections under the
24 Firearm Concealed Carry Act.
25 (v-5) Records of the Firearm Owner's Identification
26 Card Review Board that are exempted from disclosure under

HB4697- 666 -LRB103 35722 RLC 65802 b
1 Section 10 of the Firearm Owners Identification Card Act.
2 (w) Personally identifiable information which is
3 exempted from disclosure under subsection (g) of Section
4 19.1 of the Toll Highway Act.
5 (x) Information which is exempted from disclosure
6 under Section 5-1014.3 of the Counties Code or Section
7 8-11-21 of the Illinois Municipal Code.
8 (y) Confidential information under the Adult
9 Protective Services Act and its predecessor enabling
10 statute, the Elder Abuse and Neglect Act, including
11 information about the identity and administrative finding
12 against any caregiver of a verified and substantiated
13 decision of abuse, neglect, or financial exploitation of
14 an eligible adult maintained in the Registry established
15 under Section 7.5 of the Adult Protective Services Act.
16 (z) Records and information provided to a fatality
17 review team or the Illinois Fatality Review Team Advisory
18 Council under Section 15 of the Adult Protective Services
19 Act.
20 (aa) Information which is exempted from disclosure
21 under Section 2.37 of the Wildlife Code.
22 (bb) Information which is or was prohibited from
23 disclosure by the Juvenile Court Act of 1987.
24 (cc) Recordings made under the Law Enforcement
25 Officer-Worn Body Camera Act, except to the extent
26 authorized under that Act.

HB4697- 667 -LRB103 35722 RLC 65802 b
1 (dd) Information that is prohibited from being
2 disclosed under Section 45 of the Condominium and Common
3 Interest Community Ombudsperson Act.
4 (ee) Information that is exempted from disclosure
5 under Section 30.1 of the Pharmacy Practice Act.
6 (ff) Information that is exempted from disclosure
7 under the Revised Uniform Unclaimed Property Act.
8 (gg) Information that is prohibited from being
9 disclosed under Section 7-603.5 of the Illinois Vehicle
10 Code.
11 (hh) Records that are exempt from disclosure under
12 Section 1A-16.7 of the Election Code.
13 (ii) Information which is exempted from disclosure
14 under Section 2505-800 of the Department of Revenue Law of
15 the Civil Administrative Code of Illinois.
16 (jj) Information and reports that are required to be
17 submitted to the Department of Labor by registering day
18 and temporary labor service agencies but are exempt from
19 disclosure under subsection (a-1) of Section 45 of the Day
20 and Temporary Labor Services Act.
21 (kk) Information prohibited from disclosure under the
22 Seizure and Forfeiture Reporting Act.
23 (ll) Information the disclosure of which is restricted
24 and exempted under Section 5-30.8 of the Illinois Public
25 Aid Code.
26 (mm) Records that are exempt from disclosure under

HB4697- 668 -LRB103 35722 RLC 65802 b
1 Section 4.2 of the Crime Victims Compensation Act.
2 (nn) Information that is exempt from disclosure under
3 Section 70 of the Higher Education Student Assistance Act.
4 (oo) Communications, notes, records, and reports
5 arising out of a peer support counseling session
6 prohibited from disclosure under the First Responders
7 Suicide Prevention Act.
8 (pp) Names and all identifying information relating to
9 an employee of an emergency services provider or law
10 enforcement agency under the First Responders Suicide
11 Prevention Act.
12 (qq) Information and records held by the Department of
13 Public Health and its authorized representatives collected
14 under the Reproductive Health Act.
15 (rr) Information that is exempt from disclosure under
16 the Cannabis Regulation and Tax Act.
17 (ss) Data reported by an employer to the Department of
18 Human Rights pursuant to Section 2-108 of the Illinois
19 Human Rights Act.
20 (tt) Recordings made under the Children's Advocacy
21 Center Act, except to the extent authorized under that
22 Act.
23 (uu) Information that is exempt from disclosure under
24 Section 50 of the Sexual Assault Evidence Submission Act.
25 (vv) Information that is exempt from disclosure under
26 subsections (f) and (j) of Section 5-36 of the Illinois

HB4697- 669 -LRB103 35722 RLC 65802 b
1 Public Aid Code.
2 (ww) Information that is exempt from disclosure under
3 Section 16.8 of the State Treasurer Act.
4 (xx) Information that is exempt from disclosure or
5 information that shall not be made public under the
6 Illinois Insurance Code.
7 (yy) Information prohibited from being disclosed under
8 the Illinois Educational Labor Relations Act.
9 (zz) Information prohibited from being disclosed under
10 the Illinois Public Labor Relations Act.
11 (aaa) Information prohibited from being disclosed
12 under Section 1-167 of the Illinois Pension Code.
13 (bbb) (Blank). Information that is prohibited from
14 disclosure by the Illinois Police Training Act and the
15 Illinois State Police Act.
16 (ccc) Records exempt from disclosure under Section
17 2605-304 of the Illinois State Police Law of the Civil
18 Administrative Code of Illinois.
19 (ddd) Information prohibited from being disclosed
20 under Section 35 of the Address Confidentiality for
21 Victims of Domestic Violence, Sexual Assault, Human
22 Trafficking, or Stalking Act.
23 (eee) Information prohibited from being disclosed
24 under subsection (b) of Section 75 of the Domestic
25 Violence Fatality Review Act.
26 (fff) Images from cameras under the Expressway Camera

HB4697- 670 -LRB103 35722 RLC 65802 b
1 Act. This subsection (fff) is inoperative on and after
2 July 1, 2025.
3 (ggg) Information prohibited from disclosure under
4 paragraph (3) of subsection (a) of Section 14 of the Nurse
5 Agency Licensing Act.
6 (hhh) Information submitted to the Illinois State
7 Police in an affidavit or application for an assault
8 weapon endorsement, assault weapon attachment endorsement,
9 .50 caliber rifle endorsement, or .50 caliber cartridge
10 endorsement under the Firearm Owners Identification Card
11 Act.
12 (iii) Data exempt from disclosure under Section 50 of
13 the School Safety Drill Act.
14 (jjj) (hhh) Information exempt from disclosure under
15 Section 30 of the Insurance Data Security Law.
16 (kkk) (iii) Confidential business information
17 prohibited from disclosure under Section 45 of the Paint
18 Stewardship Act.
19(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
20102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
218-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
22102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
236-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
24eff. 1-1-24; 103-508, eff. 8-4-23; revised 9-5-23.)
25 (Text of Section after amendment by P.A. 103-472)

HB4697- 671 -LRB103 35722 RLC 65802 b
1 Sec. 7.5. Statutory exemptions. To the extent provided for
2by the statutes referenced below, the following shall be
3exempt from inspection and copying:
4 (a) All information determined to be confidential
5 under Section 4002 of the Technology Advancement and
6 Development Act.
7 (b) Library circulation and order records identifying
8 library users with specific materials under the Library
9 Records Confidentiality Act.
10 (c) Applications, related documents, and medical
11 records received by the Experimental Organ Transplantation
12 Procedures Board and any and all documents or other
13 records prepared by the Experimental Organ Transplantation
14 Procedures Board or its staff relating to applications it
15 has received.
16 (d) Information and records held by the Department of
17 Public Health and its authorized representatives relating
18 to known or suspected cases of sexually transmissible
19 disease or any information the disclosure of which is
20 restricted under the Illinois Sexually Transmissible
21 Disease Control Act.
22 (e) Information the disclosure of which is exempted
23 under Section 30 of the Radon Industry Licensing Act.
24 (f) Firm performance evaluations under Section 55 of
25 the Architectural, Engineering, and Land Surveying
26 Qualifications Based Selection Act.

HB4697- 672 -LRB103 35722 RLC 65802 b
1 (g) Information the disclosure of which is restricted
2 and exempted under Section 50 of the Illinois Prepaid
3 Tuition Act.
4 (h) Information the disclosure of which is exempted
5 under the State Officials and Employees Ethics Act, and
6 records of any lawfully created State or local inspector
7 general's office that would be exempt if created or
8 obtained by an Executive Inspector General's office under
9 that Act.
10 (i) Information contained in a local emergency energy
11 plan submitted to a municipality in accordance with a
12 local emergency energy plan ordinance that is adopted
13 under Section 11-21.5-5 of the Illinois Municipal Code.
14 (j) Information and data concerning the distribution
15 of surcharge moneys collected and remitted by carriers
16 under the Emergency Telephone System Act.
17 (k) Law enforcement officer identification information
18 or driver identification information compiled by a law
19 enforcement agency or the Department of Transportation
20 under Section 11-212 of the Illinois Vehicle Code.
21 (l) Records and information provided to a residential
22 health care facility resident sexual assault and death
23 review team or the Executive Council under the Abuse
24 Prevention Review Team Act.
25 (m) Information provided to the predatory lending
26 database created pursuant to Article 3 of the Residential

HB4697- 673 -LRB103 35722 RLC 65802 b
1 Real Property Disclosure Act, except to the extent
2 authorized under that Article.
3 (n) Defense budgets and petitions for certification of
4 compensation and expenses for court appointed trial
5 counsel as provided under Sections 10 and 15 of the
6 Capital Crimes Litigation Act or the Capital Crimes
7 Litigation Act of 2024. This subsection (n) shall apply
8 until the conclusion of the trial of the case, even if the
9 prosecution chooses not to pursue the death penalty prior
10 to trial or sentencing.
11 (o) Information that is prohibited from being
12 disclosed under Section 4 of the Illinois Health and
13 Hazardous Substances Registry Act.
14 (p) Security portions of system safety program plans,
15 investigation reports, surveys, schedules, lists, data, or
16 information compiled, collected, or prepared by or for the
17 Department of Transportation under Sections 2705-300 and
18 2705-616 of the Department of Transportation Law of the
19 Civil Administrative Code of Illinois, the Regional
20 Transportation Authority under Section 2.11 of the
21 Regional Transportation Authority Act, or the St. Clair
22 County Transit District under the Bi-State Transit Safety
23 Act (repealed).
24 (q) Information prohibited from being disclosed by the
25 Personnel Record Review Act.
26 (r) Information prohibited from being disclosed by the

HB4697- 674 -LRB103 35722 RLC 65802 b
1 Illinois School Student Records Act.
2 (s) Information the disclosure of which is restricted
3 under Section 5-108 of the Public Utilities Act.
4 (t) (Blank).
5 (u) Records and information provided to an independent
6 team of experts under the Developmental Disability and
7 Mental Health Safety Act (also known as Brian's Law).
8 (v) Names and information of people who have applied
9 for or received Firearm Owner's Identification Cards under
10 the Firearm Owners Identification Card Act or applied for
11 or received a concealed carry license under the Firearm
12 Concealed Carry Act, unless otherwise authorized by the
13 Firearm Concealed Carry Act; and databases under the
14 Firearm Concealed Carry Act, records of the Concealed
15 Carry Licensing Review Board under the Firearm Concealed
16 Carry Act, and law enforcement agency objections under the
17 Firearm Concealed Carry Act.
18 (v-5) Records of the Firearm Owner's Identification
19 Card Review Board that are exempted from disclosure under
20 Section 10 of the Firearm Owners Identification Card Act.
21 (w) Personally identifiable information which is
22 exempted from disclosure under subsection (g) of Section
23 19.1 of the Toll Highway Act.
24 (x) Information which is exempted from disclosure
25 under Section 5-1014.3 of the Counties Code or Section
26 8-11-21 of the Illinois Municipal Code.

HB4697- 675 -LRB103 35722 RLC 65802 b
1 (y) Confidential information under the Adult
2 Protective Services Act and its predecessor enabling
3 statute, the Elder Abuse and Neglect Act, including
4 information about the identity and administrative finding
5 against any caregiver of a verified and substantiated
6 decision of abuse, neglect, or financial exploitation of
7 an eligible adult maintained in the Registry established
8 under Section 7.5 of the Adult Protective Services Act.
9 (z) Records and information provided to a fatality
10 review team or the Illinois Fatality Review Team Advisory
11 Council under Section 15 of the Adult Protective Services
12 Act.
13 (aa) Information which is exempted from disclosure
14 under Section 2.37 of the Wildlife Code.
15 (bb) Information which is or was prohibited from
16 disclosure by the Juvenile Court Act of 1987.
17 (cc) Recordings made under the Law Enforcement
18 Officer-Worn Body Camera Act, except to the extent
19 authorized under that Act.
20 (dd) Information that is prohibited from being
21 disclosed under Section 45 of the Condominium and Common
22 Interest Community Ombudsperson Act.
23 (ee) Information that is exempted from disclosure
24 under Section 30.1 of the Pharmacy Practice Act.
25 (ff) Information that is exempted from disclosure
26 under the Revised Uniform Unclaimed Property Act.

HB4697- 676 -LRB103 35722 RLC 65802 b
1 (gg) Information that is prohibited from being
2 disclosed under Section 7-603.5 of the Illinois Vehicle
3 Code.
4 (hh) Records that are exempt from disclosure under
5 Section 1A-16.7 of the Election Code.
6 (ii) Information which is exempted from disclosure
7 under Section 2505-800 of the Department of Revenue Law of
8 the Civil Administrative Code of Illinois.
9 (jj) Information and reports that are required to be
10 submitted to the Department of Labor by registering day
11 and temporary labor service agencies but are exempt from
12 disclosure under subsection (a-1) of Section 45 of the Day
13 and Temporary Labor Services Act.
14 (kk) Information prohibited from disclosure under the
15 Seizure and Forfeiture Reporting Act.
16 (ll) Information the disclosure of which is restricted
17 and exempted under Section 5-30.8 of the Illinois Public
18 Aid Code.
19 (mm) Records that are exempt from disclosure under
20 Section 4.2 of the Crime Victims Compensation Act.
21 (nn) Information that is exempt from disclosure under
22 Section 70 of the Higher Education Student Assistance Act.
23 (oo) Communications, notes, records, and reports
24 arising out of a peer support counseling session
25 prohibited from disclosure under the First Responders
26 Suicide Prevention Act.

HB4697- 677 -LRB103 35722 RLC 65802 b
1 (pp) Names and all identifying information relating to
2 an employee of an emergency services provider or law
3 enforcement agency under the First Responders Suicide
4 Prevention Act.
5 (qq) Information and records held by the Department of
6 Public Health and its authorized representatives collected
7 under the Reproductive Health Act.
8 (rr) Information that is exempt from disclosure under
9 the Cannabis Regulation and Tax Act.
10 (ss) Data reported by an employer to the Department of
11 Human Rights pursuant to Section 2-108 of the Illinois
12 Human Rights Act.
13 (tt) Recordings made under the Children's Advocacy
14 Center Act, except to the extent authorized under that
15 Act.
16 (uu) Information that is exempt from disclosure under
17 Section 50 of the Sexual Assault Evidence Submission Act.
18 (vv) Information that is exempt from disclosure under
19 subsections (f) and (j) of Section 5-36 of the Illinois
20 Public Aid Code.
21 (ww) Information that is exempt from disclosure under
22 Section 16.8 of the State Treasurer Act.
23 (xx) Information that is exempt from disclosure or
24 information that shall not be made public under the
25 Illinois Insurance Code.
26 (yy) Information prohibited from being disclosed under

HB4697- 678 -LRB103 35722 RLC 65802 b
1 the Illinois Educational Labor Relations Act.
2 (zz) Information prohibited from being disclosed under
3 the Illinois Public Labor Relations Act.
4 (aaa) Information prohibited from being disclosed
5 under Section 1-167 of the Illinois Pension Code.
6 (bbb) (Blank). Information that is prohibited from
7 disclosure by the Illinois Police Training Act and the
8 Illinois State Police Act.
9 (ccc) Records exempt from disclosure under Section
10 2605-304 of the Illinois State Police Law of the Civil
11 Administrative Code of Illinois.
12 (ddd) Information prohibited from being disclosed
13 under Section 35 of the Address Confidentiality for
14 Victims of Domestic Violence, Sexual Assault, Human
15 Trafficking, or Stalking Act.
16 (eee) Information prohibited from being disclosed
17 under subsection (b) of Section 75 of the Domestic
18 Violence Fatality Review Act.
19 (fff) Images from cameras under the Expressway Camera
20 Act. This subsection (fff) is inoperative on and after
21 July 1, 2025.
22 (ggg) Information prohibited from disclosure under
23 paragraph (3) of subsection (a) of Section 14 of the Nurse
24 Agency Licensing Act.
25 (hhh) Information submitted to the Illinois State
26 Police in an affidavit or application for an assault

HB4697- 679 -LRB103 35722 RLC 65802 b
1 weapon endorsement, assault weapon attachment endorsement,
2 .50 caliber rifle endorsement, or .50 caliber cartridge
3 endorsement under the Firearm Owners Identification Card
4 Act.
5 (iii) Data exempt from disclosure under Section 50 of
6 the School Safety Drill Act.
7 (jjj) (hhh) Information exempt from disclosure under
8 Section 30 of the Insurance Data Security Law.
9 (kkk) (iii) Confidential business information
10 prohibited from disclosure under Section 45 of the Paint
11 Stewardship Act.
12 (lll) (iii) Data exempt from disclosure under Section
13 2-3.196 of the School Code.
14(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
15102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
168-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
17102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
186-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
19eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
20revised 9-5-23.)
21 Section 375. The State Employee Indemnification Act is
22amended by changing Section 1 as follows:
23 (5 ILCS 350/1) (from Ch. 127, par. 1301)
24 Sec. 1. Definitions. For the purpose of this Act:

HB4697- 680 -LRB103 35722 RLC 65802 b
1 (a) The term "State" means the State of Illinois, the
2General Assembly, the court, or any State office, department,
3division, bureau, board, commission, or committee, the
4governing boards of the public institutions of higher
5education created by the State, the Illinois National Guard,
6the Illinois State Guard, the Comprehensive Health Insurance
7Board, any poison control center designated under the Poison
8Control System Act that receives State funding, or any other
9agency or instrumentality of the State. It does not mean any
10local public entity as that term is defined in Section 1-206 of
11the Local Governmental and Governmental Employees Tort
12Immunity Act or a pension fund.
13 (b) The term "employee" means: any present or former
14elected or appointed officer, trustee or employee of the
15State, or of a pension fund; any present or former
16commissioner or employee of the Executive Ethics Commission or
17of the Legislative Ethics Commission; any present or former
18Executive, Legislative, or Auditor General's Inspector
19General; any present or former employee of an Office of an
20Executive, Legislative, or Auditor General's Inspector
21General; any present or former member of the Illinois National
22Guard while on active duty; any present or former member of the
23Illinois State Guard while on State active duty; individuals
24or organizations who contract with the Department of
25Corrections, the Department of Juvenile Justice, the
26Comprehensive Health Insurance Board, or the Department of

HB4697- 681 -LRB103 35722 RLC 65802 b
1Veterans' Affairs to provide services; individuals or
2organizations who contract with the Department of Human
3Services (as successor to the Department of Mental Health and
4Developmental Disabilities) to provide services including but
5not limited to treatment and other services for sexually
6violent persons; individuals or organizations who contract
7with the Department of Military Affairs for youth programs;
8individuals or organizations who contract to perform carnival
9and amusement ride safety inspections for the Department of
10Labor; individuals who contract with the Office of the State's
11Attorneys Appellate Prosecutor to provide legal services, but
12only when performing duties within the scope of the Office's
13prosecutorial activities; individual representatives of or
14designated organizations authorized to represent the Office of
15State Long-Term Ombudsman for the Department on Aging;
16individual representatives of or organizations designated by
17the Department on Aging in the performance of their duties as
18adult protective services agencies or regional administrative
19agencies under the Adult Protective Services Act; individuals
20or organizations appointed as members of a review team or the
21Advisory Council under the Adult Protective Services Act;
22individuals or organizations who perform volunteer services
23for the State where such volunteer relationship is reduced to
24writing; individuals who serve on any public entity (whether
25created by law or administrative action) described in
26paragraph (a) of this Section; individuals or not for profit

HB4697- 682 -LRB103 35722 RLC 65802 b
1organizations who, either as volunteers, where such volunteer
2relationship is reduced to writing, or pursuant to contract,
3furnish professional advice or consultation to any agency or
4instrumentality of the State; individuals who serve as foster
5parents for the Department of Children and Family Services
6when caring for youth in care as defined in Section 4d of the
7Children and Family Services Act; individuals who serve as
8members of an independent team of experts under the
9Developmental Disability and Mental Health Safety Act (also
10known as Brian's Law); and individuals who serve as
11arbitrators pursuant to Part 10A of Article II of the Code of
12Civil Procedure and the rules of the Supreme Court
13implementing Part 10A, each as now or hereafter amended; the
14members of the Certification Review Panel under the Illinois
15Police Training Act; the term "employee" does not mean an
16independent contractor except as provided in this Section. The
17term includes an individual appointed as an inspector by the
18Director of the Illinois State Police when performing duties
19within the scope of the activities of a Metropolitan
20Enforcement Group or a law enforcement organization
21established under the Intergovernmental Cooperation Act. An
22individual who renders professional advice and consultation to
23the State through an organization which qualifies as an
24"employee" under the Act is also an employee. The term
25includes the estate or personal representative of an employee.
26 (c) The term "pension fund" means a retirement system or

HB4697- 683 -LRB103 35722 RLC 65802 b
1pension fund created under the Illinois Pension Code.
2(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22;
3102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
4 Section 380. The Personnel Code is amended by changing
5Section 4c as follows:
6 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
7 Sec. 4c. General exemptions. The following positions in
8State service shall be exempt from jurisdictions A, B, and C,
9unless the jurisdictions shall be extended as provided in this
10Act:
11 (1) All officers elected by the people.
12 (2) All positions under the Lieutenant Governor,
13 Secretary of State, State Treasurer, State Comptroller,
14 State Board of Education, Clerk of the Supreme Court,
15 Attorney General, and State Board of Elections.
16 (3) Judges, and officers and employees of the courts,
17 and notaries public.
18 (4) All officers and employees of the Illinois General
19 Assembly, all employees of legislative commissions, all
20 officers and employees of the Illinois Legislative
21 Reference Bureau and the Legislative Printing Unit.
22 (5) All positions in the Illinois National Guard and
23 Illinois State Guard, paid from federal funds or positions
24 in the State Military Service filled by enlistment and

HB4697- 684 -LRB103 35722 RLC 65802 b
1 paid from State funds.
2 (6) All employees of the Governor at the executive
3 mansion and on his immediate personal staff.
4 (7) Directors of Departments, the Adjutant General,
5 the Assistant Adjutant General, the Director of the
6 Illinois Emergency Management Agency, members of boards
7 and commissions, and all other positions appointed by the
8 Governor by and with the consent of the Senate.
9 (8) The presidents, other principal administrative
10 officers, and teaching, research and extension faculties
11 of Chicago State University, Eastern Illinois University,
12 Governors State University, Illinois State University,
13 Northeastern Illinois University, Northern Illinois
14 University, Western Illinois University, the Illinois
15 Community College Board, Southern Illinois University,
16 Illinois Board of Higher Education, University of
17 Illinois, State Universities Civil Service System,
18 University Retirement System of Illinois, and the
19 administrative officers and scientific and technical staff
20 of the Illinois State Museum.
21 (9) All other employees except the presidents, other
22 principal administrative officers, and teaching, research
23 and extension faculties of the universities under the
24 jurisdiction of the Board of Regents and the colleges and
25 universities under the jurisdiction of the Board of
26 Governors of State Colleges and Universities, Illinois

HB4697- 685 -LRB103 35722 RLC 65802 b
1 Community College Board, Southern Illinois University,
2 Illinois Board of Higher Education, Board of Governors of
3 State Colleges and Universities, the Board of Regents,
4 University of Illinois, State Universities Civil Service
5 System, University Retirement System of Illinois, so long
6 as these are subject to the provisions of the State
7 Universities Civil Service Act.
8 (10) The Illinois State Police so long as they are
9 subject to the merit provisions of the Illinois State
10 Police Act. Employees of the Illinois State Police Merit
11 Board are subject to the provisions of this Code.
12 (11) (Blank).
13 (12) The technical and engineering staffs of the
14 Department of Transportation, the Division of Nuclear
15 Safety at the Illinois Emergency Management Agency, the
16 Pollution Control Board, and the Illinois Commerce
17 Commission, and the technical and engineering staff
18 providing architectural and engineering services in the
19 Department of Central Management Services.
20 (13) All employees of the Illinois State Toll Highway
21 Authority.
22 (14) The Secretary of the Illinois Workers'
23 Compensation Commission.
24 (15) All persons who are appointed or employed by the
25 Director of Insurance under authority of Section 202 of
26 the Illinois Insurance Code to assist the Director of

HB4697- 686 -LRB103 35722 RLC 65802 b
1 Insurance in discharging his responsibilities relating to
2 the rehabilitation, liquidation, conservation, and
3 dissolution of companies that are subject to the
4 jurisdiction of the Illinois Insurance Code.
5 (16) All employees of the St. Louis Metropolitan Area
6 Airport Authority.
7 (17) All investment officers employed by the Illinois
8 State Board of Investment.
9 (18) Employees of the Illinois Young Adult
10 Conservation Corps program, administered by the Illinois
11 Department of Natural Resources, authorized grantee under
12 Title VIII of the Comprehensive Employment and Training
13 Act of 1973, 29 U.S.C. 993.
14 (19) Seasonal employees of the Department of
15 Agriculture for the operation of the Illinois State Fair
16 and the DuQuoin State Fair, no one person receiving more
17 than 29 days of such employment in any calendar year.
18 (20) All "temporary" employees hired under the
19 Department of Natural Resources' Illinois Conservation
20 Service, a youth employment program that hires young
21 people to work in State parks for a period of one year or
22 less.
23 (21) All hearing officers of the Human Rights
24 Commission.
25 (22) All employees of the Illinois Mathematics and
26 Science Academy.

HB4697- 687 -LRB103 35722 RLC 65802 b
1 (23) All employees of the Kankakee River Valley Area
2 Airport Authority.
3 (24) The commissioners and employees of the Executive
4 Ethics Commission.
5 (25) The Executive Inspectors General, including
6 special Executive Inspectors General, and employees of
7 each Office of an Executive Inspector General.
8 (26) The commissioners and employees of the
9 Legislative Ethics Commission.
10 (27) The Legislative Inspector General, including
11 special Legislative Inspectors General, and employees of
12 the Office of the Legislative Inspector General.
13 (28) The Auditor General's Inspector General and
14 employees of the Office of the Auditor General's Inspector
15 General.
16 (29) All employees of the Illinois Power Agency.
17 (30) Employees having demonstrable, defined advanced
18 skills in accounting, financial reporting, or technical
19 expertise who are employed within executive branch
20 agencies and whose duties are directly related to the
21 submission to the Office of the Comptroller of financial
22 information for the publication of the annual
23 comprehensive financial report.
24 (31) All employees of the Illinois Sentencing Policy
25 Advisory Council.
26(Source: P.A. 102-291, eff. 8-6-21; 102-538, eff. 8-20-21;

HB4697- 688 -LRB103 35722 RLC 65802 b
1102-783, eff. 5-13-22; 102-813, eff. 5-13-22; 103-108, eff.
26-27-23.)
3 Section 385. The Department of State Police Law of the
4Civil Administrative Code of Illinois is amended by changing
5Section 2605-50 as follows:
6 (20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
7 Sec. 2605-50. Division of Internal Investigation. The
8Division of Internal Investigation shall have jurisdiction and
9initiate internal Illinois State Police investigations and, at
10the direction of the Governor, investigate complaints and
11initiate investigations of official misconduct by State
12officers and all State employees. Notwithstanding any other
13provisions of law, the Division shall serve as the
14investigative body for the Illinois State Police for purposes
15of compliance with the provisions of Sections 12.6 and 12.7 of
16the Illinois State Police Act.
17(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
18102-813, eff. 5-13-22.)
19 Section 390. The State Police Act is amended by changing
20Sections 3, 6, 8, and 9 as follows:
21 (20 ILCS 2610/3) (from Ch. 121, par. 307.3)
22 Sec. 3. The Governor shall appoint, by and with the advice

HB4697- 689 -LRB103 35722 RLC 65802 b
1and consent of the Senate, an Illinois State Police Merit
2Board, hereinafter called the Board, consisting of 5 7 members
3to hold office from the third Monday in March of the year of
4their respective appointments for a term of 6 years and until
5their successors are appointed and qualified for a like term.
6The Governor shall appoint new board members within 30 days
7for the vacancies created under Public Act 101-652. Board
8members shall be appointed to four-year terms. No member shall
9be appointed to more than 2 terms. In making the appointments,
10the Governor shall make a good faith effort to appoint members
11reflecting the geographic, ethnic, and cultural diversity of
12this State. In making the appointments, the Governor should
13also consider appointing: persons with professional
14backgrounds, possessing legal, management, personnel, or labor
15experience; at least one member with at least 10 years of
16experience as a licensed physician or clinical psychologist
17with expertise in mental health; and at least one member
18affiliated with an organization committed to social and
19economic rights and to eliminating discrimination. No more
20than 3 4 members of the Board shall be affiliated with the same
21political party. If the Senate is not in session at the time
22initial appointments are made pursuant to this Section, the
23Governor shall make temporary appointments as in the case of a
24vacancy. In order to avoid actual conflicts of interest, or
25the appearance of conflicts of interest, no board member shall
26be a retired or former employee of the Illinois State Police.

HB4697- 690 -LRB103 35722 RLC 65802 b
1When a Board member may have an actual, perceived, or
2potential conflict of interest that could prevent the Board
3member from making a fair and impartial decision on a
4complaint or formal complaint against an Illinois State Police
5officer, the Board member shall recuse himself or herself; or,
6if the Board member fails to recuse himself or herself, then
7the Board may, by a simple majority, vote to recuse the Board
8member.
9(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
10102-813, eff. 5-13-22.)
11 (20 ILCS 2610/6) (from Ch. 121, par. 307.6)
12 Sec. 6. The Board is authorized to employ such clerical
13and technical staff assistants, not to exceed fifteen, as may
14be necessary to enable the Board to transact its business and,
15if the rate of compensation is not otherwise fixed by law, to
16fix their compensation. In order to avoid actual conflicts of
17interest, or the appearance of conflicts of interest, no
18employee, contractor, clerical or technical staff shall be a
19retired or former employee of the Illinois State Police. All
20employees shall be subject to the Personnel Code.
21(Source: P.A. 101-652, eff. 1-1-22.)
22 (20 ILCS 2610/8) (from Ch. 121, par. 307.8)
23 Sec. 8. Board jurisdiction.
24 (a) The Board shall exercise jurisdiction over the

HB4697- 691 -LRB103 35722 RLC 65802 b
1certification for appointment and promotion, and over the
2discipline, removal, demotion, and suspension of Illinois
3State Police officers. The Board and the Illinois State Police
4should also ensure Illinois State Police cadets and officers
5represent the utmost integrity and professionalism and
6represent the geographic, ethnic, and cultural diversity of
7this State. The Board shall also exercise jurisdiction to
8certify and terminate Illinois State Police officers in
9compliance with certification standards consistent with
10Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
11merit principles of public employment, the Board shall
12formulate, adopt, and put into effect rules, regulations, and
13procedures for its operation and the transaction of its
14business. The Board shall establish a classification of ranks
15of persons subject to its jurisdiction and shall set standards
16and qualifications for each rank. Each Illinois State Police
17officer appointed by the Director shall be classified as a
18State Police officer as follows: trooper, sergeant, master
19sergeant, lieutenant, captain, major, or Special Agent.
20 (b) The Board shall publish all standards and
21qualifications for each rank, including Cadet, on its website.
22This shall include, but not be limited to, all physical
23fitness, medical, visual, and hearing standards. The Illinois
24State Police shall cooperate with the Board by providing any
25necessary information to complete this requirement.
26(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;

HB4697- 692 -LRB103 35722 RLC 65802 b
1102-813, eff. 5-13-22.)
2 (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
3 Sec. 9. Appointment; qualifications.
4 (a) Except as otherwise provided in this Section, the
5appointment of Illinois State Police officers shall be made
6from those applicants who have been certified by the Board as
7being qualified for appointment. All persons so appointed
8shall, at the time of their appointment, be not less than 21
9years of age, or 20 years of age and have successfully
10completed an associate's degree or 60 credit hours at an
11accredited college or university. Any person appointed
12subsequent to successful completion of an associate's degree
13or 60 credit hours at an accredited college or university
14shall not have power of arrest, nor shall he or she be
15permitted to carry firearms, until he or she reaches 21 years
16of age. In addition, all persons so certified for appointment
17shall be of sound mind and body, be of good moral character, be
18citizens of the United States, have no criminal records,
19possess such prerequisites of training, education, and
20experience as the Board may from time to time prescribe so long
21as persons who have an associate's degree or 60 credit hours at
22an accredited college or university are not disqualified, and
23shall be required to pass successfully such mental and
24physical tests and examinations as may be prescribed by the
25Board. A person who meets one of the following requirements is

HB4697- 693 -LRB103 35722 RLC 65802 b
1deemed to have met the collegiate educational requirements:
2 (i) has been honorably discharged and who has been
3 awarded a Southwest Asia Service Medal, Kuwait Liberation
4 Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait),
5 Kosovo Campaign Medal, Korean Defense Service Medal,
6 Afghanistan Campaign Medal, Iraq Campaign Medal, Global
7 War on Terrorism Service Medal, Global War on Terrorism
8 Expeditionary Medal, or Inherent Resolve Campaign Medal by
9 the United States Armed Forces;
10 (ii) is an active member of the Illinois National
11 Guard or a reserve component of the United States Armed
12 Forces and who has been awarded a Southwest Asia Service
13 Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait
14 Liberation Medal (Kuwait), Kosovo Campaign Medal, Korean
15 Defense Service Medal, Afghanistan Campaign Medal, Iraq
16 Campaign Medal, Global War on Terrorism Service Medal,
17 Global War on Terrorism Expeditionary Medal, or Inherent
18 Resolve Campaign Medal as a result of honorable service
19 during deployment on active duty;
20 (iii) has been honorably discharged who served in a
21 combat mission by proof of hostile fire pay or imminent
22 danger pay during deployment on active duty;
23 (iv) has at least 3 years of full active and
24 continuous United States Armed Forces duty, which shall
25 also include a period of active duty with the State of
26 Illinois under Title 10 or Title 32 of the United States

HB4697- 694 -LRB103 35722 RLC 65802 b
1 Code pursuant to an order of the President or the Governor
2 of the State of Illinois, and received an honorable
3 discharge before hiring; or
4 (v) has successfully completed basic law enforcement
5 training, has at least 3 years of continuous, full-time
6 service as a peace officer with the same police
7 department, and is currently serving as a peace officer
8 when applying.
9 Preference shall be given in such appointments to persons
10who have honorably served in the United States Armed Forces.
11All appointees shall serve a probationary period of 12 months
12from the date of appointment and during that period may be
13discharged at the will of the Director. However, the Director
14may in his or her sole discretion extend the probationary
15period of an officer up to an additional 6 months when to do so
16is deemed in the best interest of the Illinois State Police.
17Nothing in this subsection (a) limits the Board's ability to
18prescribe education prerequisites or requirements to certify
19Illinois State Police officers for promotion as provided in
20Section 10 of this Act.
21 (b) Notwithstanding the other provisions of this Act,
22after July 1, 1977 and before July 1, 1980, the Director of
23State Police may appoint and promote not more than 20 persons
24having special qualifications as special agents as he or she
25deems necessary to carry out the Department's objectives. Any
26such appointment or promotion shall be ratified by the Board.

HB4697- 695 -LRB103 35722 RLC 65802 b
1 (c) During the 90 days following March 31, 1995 (the
2effective date of Public Act 89-9), the Director of State
3Police may appoint up to 25 persons as State Police officers.
4These appointments shall be made in accordance with the
5requirements of this subsection (c) and any additional
6criteria that may be established by the Director, but are not
7subject to any other requirements of this Act. The Director
8may specify the initial rank for each person appointed under
9this subsection.
10 All appointments under this subsection (c) shall be made
11from personnel certified by the Board. A person certified by
12the Board and appointed by the Director under this subsection
13must have been employed by the Illinois Commerce Commission on
14November 30, 1994 in a job title subject to the Personnel Code
15and in a position for which the person was eligible to earn
16"eligible creditable service" as a "noncovered employee", as
17those terms are defined in Article 14 of the Illinois Pension
18Code.
19 Persons appointed under this subsection (c) shall
20thereafter be subject to the same requirements and procedures
21as other State police officers. A person appointed under this
22subsection must serve a probationary period of 12 months from
23the date of appointment, during which he or she may be
24discharged at the will of the Director.
25 This subsection (c) does not affect or limit the
26Director's authority to appoint other State Police officers

HB4697- 696 -LRB103 35722 RLC 65802 b
1under subsection (a) of this Section.
2 (d) During the 180 days following January 1, 2022 (the
3effective date of Public Act 101-652), the Director of the
4Illinois State Police may appoint current Illinois State
5Police employees serving in law enforcement officer positions
6previously within Central Management Services as State Police
7officers. These appointments shall be made in accordance with
8the requirements of this subsection (d) and any institutional
9criteria that may be established by the Director, but are not
10subject to any other requirements of this Act. All
11appointments under this subsection (d) shall be made from
12personnel certified by the Board. A person certified by the
13Board and appointed by the Director under this subsection must
14have been employed by a State agency, board, or commission on
15January 1, 2021 in a job title subject to the Personnel Code
16and in a position for which the person was eligible to earn
17"eligible creditable service" as a "noncovered employee", as
18those terms are defined in Article 14 of the Illinois Pension
19Code. Persons appointed under this subsection (d) shall
20thereafter be subject to the same requirements, and subject to
21the same contractual benefits and obligations, as other State
22police officers. This subsection (d) does not affect or limit
23the Director's authority to appoint other State Police
24officers under subsection (a) of this Section.
25 (e) The Merit Board shall review Illinois State Police
26Cadet applicants. The Illinois State Police may provide

HB4697- 697 -LRB103 35722 RLC 65802 b
1background check and investigation material to the Board for
2its review pursuant to this Section. The Board shall approve
3and ensure that no cadet applicant is certified unless the
4applicant is a person of good character and has not been
5convicted of, or entered a plea of guilty to, a felony offense,
6any of the misdemeanors specified in this Section or if
7committed in any other state would be an offense similar to
8Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,
911-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1,
1017-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
11violation of any Section of Part E of Title III of the Criminal
12Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of
13the Criminal Code of 1961 or the Criminal Code of 2012, or
14subsection (a) of Section 17-32 of the Criminal Code of 1961 or
15the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis
16Control Act, or any felony or misdemeanor in violation of
17federal law or the law of any state that is the equivalent of
18any of the offenses specified therein. The Officer
19Professional Conduct Database, provided for in Section 9.2 of
20the Illinois Police Training Act, shall be searched as part of
21this process. For purposes of this Section, "convicted of, or
22entered a plea of guilty" regardless of whether the
23adjudication of guilt or sentence is withheld or not entered
24thereon. This includes sentences of supervision, conditional
25discharge, or first offender probation, or any similar
26disposition provided for by law.

HB4697- 698 -LRB103 35722 RLC 65802 b
1 (f) The Board shall by rule establish an application fee
2waiver program for any person who meets one or more of the
3following criteria:
4 (1) his or her available personal income is 200% or
5 less of the current poverty level; or
6 (2) he or she is, in the discretion of the Board,
7 unable to proceed in an action with payment of application
8 fee and payment of that fee would result in substantial
9 hardship to the person or the person's family.
10(Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22;
11102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-312, eff.
121-1-24.)
13 (20 ILCS 2610/6.5 rep.)
14 (20 ILCS 2610/11.5 rep.)
15 (20 ILCS 2610/11.6 rep.)
16 (20 ILCS 2610/12.6 rep.)
17 (20 ILCS 2610/12.7 rep.)
18 (20 ILCS 2610/40.1 rep.)
19 (20 ILCS 2610/46 rep.)
20 Section 395. The State Police Act is amended by repealing
21Sections 6.5, 11.5, 11.6, 12.6, 12.7, 40.1, and 46.
22 Section 400. The Illinois Police Training Act is amended
23by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10,
2410.1, 10.2, 10.3, 10.11, 10.18, 10.19, and 10.20 and by adding

HB4697- 699 -LRB103 35722 RLC 65802 b
1Section 10.5-1 as follows:
2 (50 ILCS 705/2) (from Ch. 85, par. 502)
3 Sec. 2. Definitions. As used in this Act, unless the
4context otherwise requires:
5 "Board" means the Illinois Law Enforcement Training
6Standards Board.
7 "Local governmental agency" means any local governmental
8unit or municipal corporation in this State. It does not
9include the State of Illinois or any office, officer,
10department, division, bureau, board, commission, or agency of
11the State, except that it does include a State-controlled
12university, college or public community college.
13 "Police training school" means any school located within
14the State of Illinois whether privately or publicly owned
15which offers a course in police or county corrections training
16and has been approved by the Board.
17 "Probationary police officer" means a recruit law
18enforcement officer required to successfully complete initial
19minimum basic training requirements at a police training
20school to be eligible for permanent full-time employment as a
21local law enforcement officer.
22 "Probationary part-time police officer" means a recruit
23part-time law enforcement officer required to successfully
24complete initial minimum part-time training requirements to be
25eligible for employment on a part-time basis as a local law

HB4697- 700 -LRB103 35722 RLC 65802 b
1enforcement officer.
2 "Permanent police officer" means a law enforcement officer
3who has completed his or her probationary period and is
4permanently employed on a full-time basis as a local law
5enforcement officer by a participating local governmental unit
6or as a security officer or campus policeman permanently
7employed by a participating State-controlled university,
8college, or public community college.
9 "Part-time police officer" means a law enforcement officer
10who has completed his or her probationary period and is
11employed on a part-time basis as a law enforcement officer by a
12participating unit of local government or as a campus
13policeman by a participating State-controlled university,
14college, or public community college.
15 "Law enforcement officer" means (i) any police officer of
16a local governmental agency who is primarily responsible for
17prevention or detection of crime and the enforcement of the
18criminal code, traffic, or highway laws of this State or any
19political subdivision of this State or (ii) any member of a
20police force appointed and maintained as provided in Section 2
21of the Railroad Police Act.
22 "Recruit" means any full-time or part-time law enforcement
23officer or full-time county corrections officer who is
24enrolled in an approved training course.
25 "Probationary county corrections officer" means a recruit
26county corrections officer required to successfully complete

HB4697- 701 -LRB103 35722 RLC 65802 b
1initial minimum basic training requirements at a police
2training school to be eligible for permanent employment on a
3full-time basis as a county corrections officer.
4 "Permanent county corrections officer" means a county
5corrections officer who has completed his probationary period
6and is permanently employed on a full-time basis as a county
7corrections officer by a participating local governmental
8unit.
9 "County corrections officer" means any sworn officer of
10the sheriff who is primarily responsible for the control and
11custody of offenders, detainees or inmates.
12 "Probationary court security officer" means a recruit
13court security officer required to successfully complete
14initial minimum basic training requirements at a designated
15training school to be eligible for employment as a court
16security officer.
17 "Permanent court security officer" means a court security
18officer who has completed his or her probationary period and
19is employed as a court security officer by a participating
20local governmental unit.
21 "Court security officer" has the meaning ascribed to it in
22Section 3-6012.1 of the Counties Code.
23 "Board" means the Illinois Law Enforcement Training
24Standards Board.
25 "Full-time law enforcement officer" means a law
26enforcement officer who has completed the officer's

HB4697- 702 -LRB103 35722 RLC 65802 b
1probationary period and is employed on a full-time basis as a
2law enforcement officer by a local government agency, State
3government agency, or as a campus police officer by a
4university, college, or community college.
5 "Law Enforcement agency" means any entity with statutory
6police powers and the ability to employ individuals authorized
7to make arrests. It does not include the Illinois State Police
8as defined in the State Police Act. A law enforcement agency
9may include any university, college, or community college.
10 "Local law enforcement agency" means any law enforcement
11unit of government or municipal corporation in this State. It
12does not include the State of Illinois or any office, officer,
13department, division, bureau, board, commission, or agency of
14the State, except that it does include a State-controlled
15university, college or public community college.
16 "State law enforcement agency" means any law enforcement
17agency of this State. This includes any office, officer,
18department, division, bureau, board, commission, or agency of
19the State. It does not include the Illinois State Police as
20defined in the State Police Act.
21 "Panel" means the Certification Review Panel.
22 "Basic training school" means any school located within
23the State of Illinois whether privately or publicly owned
24which offers a course in basic law enforcement or county
25corrections training and has been approved by the Board.
26 "Probationary police officer" means a recruit law

HB4697- 703 -LRB103 35722 RLC 65802 b
1enforcement officer required to successfully complete initial
2minimum basic training requirements at a basic training school
3to be eligible for permanent full-time employment as a local
4law enforcement officer.
5 "Probationary part-time police officer" means a recruit
6part-time law enforcement officer required to successfully
7complete initial minimum part-time training requirements to be
8eligible for employment on a part-time basis as a local law
9enforcement officer.
10 "Permanent law enforcement officer" means a law
11enforcement officer who has completed the officer's
12probationary period and is permanently employed on a full-time
13basis as a local law enforcement officer, as a security
14officer, or campus police officer permanently employed by a
15law enforcement agency.
16 "Part-time law enforcement officer" means a law
17enforcement officer who has completed the officer's
18probationary period and is employed on a part-time basis as a
19law enforcement officer or as a campus police officer by a law
20enforcement agency.
21 "Law enforcement officer" means (i) any police officer of
22a law enforcement agency who is primarily responsible for
23prevention or detection of crime and the enforcement of the
24criminal code, traffic, or highway laws of this State or any
25political subdivision of this State or (ii) any member of a
26police force appointed and maintained as provided in Section 2

HB4697- 704 -LRB103 35722 RLC 65802 b
1of the Railroad Police Act.
2 "Recruit" means any full-time or part-time law enforcement
3officer or full-time county corrections officer who is
4enrolled in an approved training course.
5 "Review Committee" means the committee at the Board for
6certification disciplinary cases in which the Panel, a law
7enforcement officer, or a law enforcement agency may file for
8reconsideration of a decertification decision made by the
9Board.
10 "Probationary county corrections officer" means a recruit
11county corrections officer required to successfully complete
12initial minimum basic training requirements at a basic
13training school to be eligible for permanent employment on a
14full-time basis as a county corrections officer.
15 "Permanent county corrections officer" means a county
16corrections officer who has completed the officer's
17probationary period and is permanently employed on a full-time
18basis as a county corrections officer by a participating law
19enforcement agency.
20 "County corrections officer" means any sworn officer of
21the sheriff who is primarily responsible for the control and
22custody of offenders, detainees or inmates.
23 "Probationary court security officer" means a recruit
24court security officer required to successfully complete
25initial minimum basic training requirements at a designated
26training school to be eligible for employment as a court

HB4697- 705 -LRB103 35722 RLC 65802 b
1security officer.
2 "Permanent court security officer" means a court security
3officer who has completed the officer's probationary period
4and is employed as a court security officer by a participating
5law enforcement agency.
6 "Court security officer" has the meaning ascribed to it in
7Section 3-6012.1 of the Counties Code.
8(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
9 (50 ILCS 705/3) (from Ch. 85, par. 503)
10 Sec. 3. Board; composition; appointments; tenure;
11vacancies.
12 (a) The Board shall be composed of 18 members selected as
13follows: The Attorney General of the State of Illinois, the
14Director of the Illinois State Police, the Director of
15Corrections, the Superintendent of the Chicago Police
16Department, the Sheriff of Cook County, the Clerk of the
17Circuit Court of Cook County, who shall serve as ex officio
18members, and the following to be appointed by the Governor: 2
19mayors or village presidents of Illinois municipalities, 2
20Illinois county sheriffs from counties other than Cook County,
212 managers of Illinois municipalities, 2 chiefs of municipal
22police departments in Illinois having no Superintendent of the
23Police Department on the Board, 2 citizens of Illinois who
24shall be members of an organized enforcement officers'
25association, one active member of a statewide association

HB4697- 706 -LRB103 35722 RLC 65802 b
1representing sheriffs, and one active member of a statewide
2association representing municipal police chiefs. The
3appointments of the Governor shall be made on the first Monday
4of August in 1965 with 3 of the appointments to be for a period
5of one year, 3 for 2 years, and 3 for 3 years. Their successors
6shall be appointed in like manner for terms to expire the first
7Monday of August each 3 years thereafter. All members shall
8serve until their respective successors are appointed and
9qualify. Vacancies shall be filled by the Governor for the
10unexpired terms. Any ex officio member may appoint a designee
11to the Board who shall have the same powers and immunities
12otherwise conferred to the member of the Board, including the
13power to vote and be counted toward quorum, so long as the
14member is not in attendance.
15 (a-5) Within the Board is created a Review Committee. The
16Review Committee shall review disciplinary cases in which the
17Panel, the law enforcement officer, or the law enforcement
18agency file for reconsideration of a decertification decision
19made by the Board. The Review Committee shall be composed of 9
20annually rotating members from the Board appointed by the
21Board Chairman. One member of the Review Committee shall be
22designated by the Board Chairman as the Chair. The Review
23Committee shall sit in 3 member panels composed of one member
24representing law enforcement management, one member
25representing members of law enforcement, and one member who is
26not a current or former member of law enforcement.

HB4697- 707 -LRB103 35722 RLC 65802 b
1 (b) When a Board member may have an actual, perceived, or
2potential conflict of interest or appearance of bias that
3could prevent the Board member from making a fair and
4impartial decision regarding decertification:
5 (1) The Board member shall recuse himself or herself.
6 (2) If the Board member fails to recuse himself or
7 herself, then the Board may, by a simple majority of the
8 remaining members, vote to recuse the Board member. Board
9 members who are found to have voted on a matter in which
10 they should have recused themselves may be removed from
11 the Board by the Governor.
12 A conflict of interest or appearance of bias may include,
13but is not limited to, matters where one of the following is a
14party to a decision on a decertification or formal complaint:
15someone with whom the member has an employment relationship;
16any of the following relatives: spouse, parents, children,
17adopted children, legal wards, stepchildren, step parents,
18step siblings, half siblings, siblings, parents-in-law,
19siblings-in-law, children-in-law, aunts, uncles, nieces, and
20nephews; a friend; or a member of a professional organization,
21association, or a union in which the member now actively
22serves.
23 (c) A vacancy in members does not prevent a quorum of the
24remaining sitting members from exercising all rights and
25performing all duties of the Board.
26 (d) An individual serving on the Board shall not also

HB4697- 708 -LRB103 35722 RLC 65802 b
1serve on the Panel.
2(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
3102-694, eff. 1-7-22.)
4 (50 ILCS 705/6) (from Ch. 85, par. 506)
5 Sec. 6. Powers and duties of the Board; selection and
6certification of schools. The Board shall select and certify
7schools within the State of Illinois for the purpose of
8providing basic training for probationary police officers,
9probationary county corrections officers, and court security
10officers and of providing advanced or in-service training for
11permanent police officers or permanent county corrections
12officers, which schools may be either publicly or privately
13owned and operated. In addition, the Board has the following
14power and duties:
15 a. To require local governmental units to furnish such
16 reports and information as the Board deems necessary to
17 fully implement this Act.
18 b. To establish appropriate mandatory minimum
19 standards relating to the training of probationary local
20 police officers or probationary county corrections
21 officers, and in-service training of permanent law
22 enforcement officers.
23 c. To provide appropriate certification to those
24 probationary officers who successfully complete the
25 prescribed minimum standard basic training course.

HB4697- 709 -LRB103 35722 RLC 65802 b
1 d. To review and approve annual training curriculum
2 for county sheriffs.
3 e. To review and approve applicants to ensure that no
4 applicant is admitted to a certified academy unless the
5 applicant is a person of good character and has not been
6 convicted of, or entered a plea of guilty to, a felony
7 offense, any of the misdemeanors in Sections 11-1.50,
8 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
9 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
10 of the Criminal Code of 1961 or the Criminal Code of 2012,
11 subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
12 Criminal Code of 1961 or the Criminal Code of 2012, or
13 subsection (a) of Section 17-32 of the Criminal Code of
14 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
15 the Cannabis Control Act, or a crime involving moral
16 turpitude under the laws of this State or any other state
17 which if committed in this State would be punishable as a
18 felony or a crime of moral turpitude. The Board may
19 appoint investigators who shall enforce the duties
20 conferred upon the Board by this Act.
21 For purposes of this paragraph e, a person is
22 considered to have been convicted of, found guilty of, or
23 entered a plea of guilty to, plea of nolo contendere to
24 regardless of whether the adjudication of guilt or
25 sentence is withheld or not entered thereon. This includes
26 sentences of supervision, conditional discharge, or first

HB4697- 710 -LRB103 35722 RLC 65802 b
1 offender probation, or any similar disposition provided
2 for by law.
3The Board shall select and certify schools within the State of
4Illinois for the purpose of providing basic training for
5probationary law enforcement officers, probationary county
6corrections officers, and court security officers and of
7providing advanced or in-service training for permanent law
8enforcement officers or permanent county corrections officers,
9which schools may be either publicly or privately owned and
10operated. In addition, the Board has the following power and
11duties:
12 a. To require law enforcement agencies to furnish such
13 reports and information as the Board deems necessary to
14 fully implement this Act.
15 b. To establish appropriate mandatory minimum
16 standards relating to the training of probationary local
17 law enforcement officers or probationary county
18 corrections officers, and in-service training of permanent
19 law enforcement officers.
20 c. To provide appropriate certification to those
21 probationary officers who successfully complete the
22 prescribed minimum standard basic training course.
23 d. To review and approve annual training curriculum
24 for county sheriffs.
25 e. To review and approve applicants to ensure that no
26 applicant is admitted to a certified academy unless the

HB4697- 711 -LRB103 35722 RLC 65802 b
1 applicant is a person of good character and has not been
2 convicted of, found guilty of, entered a plea of guilty
3 to, or entered a plea of nolo contendere to a felony
4 offense, any of the misdemeanors in Sections 11-1.50,
5 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,
6 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,
7 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
8 violation of any Section of Part E of Title III of the
9 Criminal Code of 1961 or the Criminal Code of 2012, or
10 subsection (a) of Section 17-32 of the Criminal Code of
11 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
12 the Cannabis Control Act, or a crime involving moral
13 turpitude under the laws of this State or any other state
14 which if committed in this State would be punishable as a
15 felony or a crime of moral turpitude, or any felony or
16 misdemeanor in violation of federal law or the law of any
17 state that is the equivalent of any of the offenses
18 specified therein. The Board may appoint investigators who
19 shall enforce the duties conferred upon the Board by this
20 Act.
21 For purposes of this paragraph e, a person is
22 considered to have been convicted of, found guilty of, or
23 entered a plea of guilty to, plea of nolo contendere to
24 regardless of whether the adjudication of guilt or
25 sentence is withheld or not entered thereon. This includes
26 sentences of supervision, conditional discharge, or first

HB4697- 712 -LRB103 35722 RLC 65802 b
1 offender probation, or any similar disposition provided
2 for by law.
3 f. To establish statewide standards for minimum
4 standards regarding regular mental health screenings for
5 probationary and permanent police officers, ensuring that
6 counseling sessions and screenings remain confidential.
7 g. To review and ensure all law enforcement officers
8 remain in compliance with this Act, and any administrative
9 rules adopted under this Act.
10 h. To suspend any certificate for a definite period,
11 limit or restrict any certificate, or revoke any
12 certificate.
13 i. The Board and the Panel shall have power to secure
14 by its subpoena and bring before it any person or entity in
15 this State and to take testimony either orally or by
16 deposition or both with the same fees and mileage and in
17 the same manner as prescribed by law in judicial
18 proceedings in civil cases in circuit courts of this
19 State. The Board and the Panel shall also have the power to
20 subpoena the production of documents, papers, files,
21 books, documents, and records, whether in physical or
22 electronic form, in support of the charges and for
23 defense, and in connection with a hearing or
24 investigation.
25 j. The Executive Director, the administrative law
26 judge designated by the Executive Director, and each

HB4697- 713 -LRB103 35722 RLC 65802 b
1 member of the Board and the Panel shall have the power to
2 administer oaths to witnesses at any hearing that the
3 Board is authorized to conduct under this Act and any
4 other oaths required or authorized to be administered by
5 the Board under this Act.
6 k. In case of the neglect or refusal of any person to
7 obey a subpoena issued by the Board and the Panel, any
8 circuit court, upon application of the Board and the
9 Panel, through the Illinois Attorney General, may order
10 such person to appear before the Board and the Panel give
11 testimony or produce evidence, and any failure to obey
12 such order is punishable by the court as a contempt
13 thereof. This order may be served by personal delivery, by
14 email, or by mail to the address of record or email address
15 of record.
16 l. The Board shall have the power to administer state
17 certification examinations. Any and all records related to
18 these examinations, including, but not limited to, test
19 questions, test formats, digital files, answer responses,
20 answer keys, and scoring information shall be exempt from
21 disclosure.
22 m. To make grants, subject to appropriation, to units
23 of local government and public institutions of higher
24 education for the purposes of hiring and retaining law
25 enforcement officers.
26 n. To make grants, subject to appropriation, to local

HB4697- 714 -LRB103 35722 RLC 65802 b
1 law enforcement agencies for costs associated with the
2 expansion and support of National Integrated Ballistic
3 Information Network (NIBIN) and other ballistic technology
4 equipment for ballistic testing.
5(Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22;
6102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.)
7 (50 ILCS 705/6.1)
8 Sec. 6.1. Decertification Automatic decertification of
9full-time and part-time police law enforcement officers.
10 (a) The Board must review police officer conduct and
11records to ensure that no police officer is certified or
12provided a valid waiver if that police officer has been
13convicted of, or entered a plea of guilty to, a felony offense
14under the laws of this State or any other state which if
15committed in this State would be punishable as a felony. The
16Board must also ensure that no or officer is certified or
17provided a valid waiver if that police officer has been
18convicted of, or entered a plea of guilty to, any misdemeanor
19specified in this Section or if committed in any other state
20would be an offense similar to Section 11-1.50, 11-6, 11-9.1,
2111-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3,
2229-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of
231961 or the Criminal Code of 2012, to subdivision (a)(1) or
24(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or
25the Criminal Code of 2012, or subsection (a) of Section 17-32

HB4697- 715 -LRB103 35722 RLC 65802 b
1of the Criminal Code of 1961 or the Criminal Code of 2012, or
2to Section 5 or 5.2 of the Cannabis Control Act. The Board must
3appoint investigators to enforce the duties conferred upon the
4Board by this Act.
5 (b) It is the responsibility of the sheriff or the chief
6executive officer of every local law enforcement agency or
7department within this State to report to the Board any
8arrest, conviction, or plea of guilty of any officer for an
9offense identified in this Section.
10 (c) It is the duty and responsibility of every full-time
11and part-time police officer in this State to report to the
12Board within 30 days, and the officer's sheriff or chief
13executive officer, of his or her arrest, conviction, or plea
14of guilty for an offense identified in this Section. Any
15full-time or part-time police officer who knowingly makes,
16submits, causes to be submitted, or files a false or
17untruthful report to the Board must have his or her
18certificate or waiver immediately decertified or revoked.
19 (d) Any person, or a local or State agency, or the Board is
20immune from liability for submitting, disclosing, or releasing
21information of arrests, convictions, or pleas of guilty in
22this Section as long as the information is submitted,
23disclosed, or released in good faith and without malice. The
24Board has qualified immunity for the release of the
25information.
26 (e) Any full-time or part-time police officer with a

HB4697- 716 -LRB103 35722 RLC 65802 b
1certificate or waiver issued by the Board who is convicted of,
2or entered a plea of guilty to, any offense described in this
3Section immediately becomes decertified or no longer has a
4valid waiver. The decertification and invalidity of waivers
5occurs as a matter of law. Failure of a convicted person to
6report to the Board his or her conviction as described in this
7Section or any continued law enforcement practice after
8receiving a conviction is a Class 4 felony.
9 (f) The Board's investigators are peace officers and have
10all the powers possessed by policemen in cities and by
11sheriffs, and these investigators may exercise those powers
12anywhere in the State. An investigator shall not have peace
13officer status or exercise police powers unless he or she
14successfully completes the basic police training course
15mandated and approved by the Board or the Board waives the
16training requirement by reason of the investigator's prior law
17enforcement experience, training, or both. The Board shall not
18waive the training requirement unless the investigator has had
19a minimum of 5 years experience as a sworn officer of a local,
20State, or federal law enforcement agency.
21 (g) The Board must request and receive information and
22assistance from any federal, state, or local governmental
23agency as part of the authorized criminal background
24investigation. The Illinois State Police must process, retain,
25and additionally provide and disseminate information to the
26Board concerning criminal charges, arrests, convictions, and

HB4697- 717 -LRB103 35722 RLC 65802 b
1their disposition, that have been filed against a basic
2academy applicant, law enforcement applicant, or law
3enforcement officer whose fingerprint identification cards are
4on file or maintained by the Illinois State Police. The
5Federal Bureau of Investigation must provide the Board any
6criminal history record information contained in its files
7pertaining to law enforcement officers or any applicant to a
8Board certified basic law enforcement academy as described in
9this Act based on fingerprint identification. The Board must
10make payment of fees to the Illinois State Police for each
11fingerprint card submission in conformance with the
12requirements of paragraph 22 of Section 55a of the Civil
13Administrative Code of Illinois.
14 A police officer who has been certified or granted a valid
15waiver shall also be decertified or have his or her waiver
16revoked upon a determination by the Illinois Labor Relations
17Board State Panel that he or she, while under oath, has
18knowingly and willfully made false statements as to a material
19fact going to an element of the offense of murder. If an appeal
20is filed, the determination shall be stayed.
21 (1) In the case of an acquittal on a charge of murder,
22 a verified complaint may be filed:
23 (A) by the defendant; or
24 (B) by a police officer with personal knowledge of
25 perjured testimony.
26 The complaint must allege that a police officer, while

HB4697- 718 -LRB103 35722 RLC 65802 b
1 under oath, knowingly and willfully made false statements
2 as to a material fact going to an element of the offense of
3 murder. The verified complaint must be filed with the
4 Executive Director of the Illinois Law Enforcement
5 Training Standards Board within 2 years of the judgment of
6 acquittal.
7 (2) Within 30 days, the Executive Director of the
8 Illinois Law Enforcement Training Standards Board shall
9 review the verified complaint and determine whether the
10 verified complaint is frivolous and without merit, or
11 whether further investigation is warranted. The Illinois
12 Law Enforcement Training Standards Board shall notify the
13 officer and the Executive Director of the Illinois Labor
14 Relations Board State Panel of the filing of the complaint
15 and any action taken thereon. If the Executive Director of
16 the Illinois Law Enforcement Training Standards Board
17 determines that the verified complaint is frivolous and
18 without merit, it shall be dismissed. The Executive
19 Director of the Illinois Law Enforcement Training
20 Standards Board has sole discretion to make this
21 determination and this decision is not subject to appeal.
22 If the Executive Director of the Illinois Law Enforcement
23Training Standards Board determines that the verified
24complaint warrants further investigation, he or she shall
25refer the matter to a task force of investigators created for
26this purpose. This task force shall consist of 8 sworn police

HB4697- 719 -LRB103 35722 RLC 65802 b
1officers: 2 from the Illinois State Police, 2 from the City of
2Chicago Police Department, 2 from county police departments,
3and 2 from municipal police departments. These investigators
4shall have a minimum of 5 years of experience in conducting
5criminal investigations. The investigators shall be appointed
6by the Executive Director of the Illinois Law Enforcement
7Training Standards Board. Any officer or officers acting in
8this capacity pursuant to this statutory provision will have
9statewide police authority while acting in this investigative
10capacity. Their salaries and expenses for the time spent
11conducting investigations under this paragraph shall be
12reimbursed by the Illinois Law Enforcement Training Standards
13Board.
14 Once the Executive Director of the Illinois Law
15Enforcement Training Standards Board has determined that an
16investigation is warranted, the verified complaint shall be
17assigned to an investigator or investigators. The investigator
18or investigators shall conduct an investigation of the
19verified complaint and shall write a report of his or her
20findings. This report shall be submitted to the Executive
21Director of the Illinois Labor Relations Board State Panel.
22 Within 30 days, the Executive Director of the Illinois
23Labor Relations Board State Panel shall review the
24investigative report and determine whether sufficient evidence
25exists to conduct an evidentiary hearing on the verified
26complaint. If the Executive Director of the Illinois Labor

HB4697- 720 -LRB103 35722 RLC 65802 b
1Relations Board State Panel determines upon his or her review
2of the investigatory report that a hearing should not be
3conducted, the complaint shall be dismissed. This decision is
4in the Executive Director's sole discretion, and this
5dismissal may not be appealed.
6 If the Executive Director of the Illinois Labor Relations
7Board State Panel determines that there is sufficient evidence
8to warrant a hearing, a hearing shall be ordered on the
9verified complaint, to be conducted by an administrative law
10judge employed by the Illinois Labor Relations Board State
11Panel. The Executive Director of the Illinois Labor Relations
12Board State Panel shall inform the Executive Director of the
13Illinois Law Enforcement Training Standards Board and the
14person who filed the complaint of either the dismissal of the
15complaint or the issuance of the complaint for hearing. The
16Executive Director shall assign the complaint to the
17administrative law judge within 30 days of the decision
18granting a hearing.
19 In the case of a finding of guilt on the offense of murder,
20if a new trial is granted on direct appeal, or a state
21post-conviction evidentiary hearing is ordered, based on a
22claim that a police officer, under oath, knowingly and
23willfully made false statements as to a material fact going to
24an element of the offense of murder, the Illinois Labor
25Relations Board State Panel shall hold a hearing to determine
26whether the officer should be decertified if an interested

HB4697- 721 -LRB103 35722 RLC 65802 b
1party requests such a hearing within 2 years of the court's
2decision. The complaint shall be assigned to an administrative
3law judge within 30 days so that a hearing can be scheduled.
4 At the hearing, the accused officer shall be afforded the
5opportunity to:
6 (1) Be represented by counsel of his or her own
7 choosing;
8 (2) Be heard in his or her own defense;
9 (3) Produce evidence in his or her defense;
10 (4) Request that the Illinois Labor Relations Board
11 State Panel compel the attendance of witnesses and
12 production of related documents including but not limited
13 to court documents and records.
14 Once a case has been set for hearing, the verified
15complaint shall be referred to the Department of Professional
16Regulation. That office shall prosecute the verified complaint
17at the hearing before the administrative law judge. The
18Department of Professional Regulation shall have the
19opportunity to produce evidence to support the verified
20complaint and to request the Illinois Labor Relations Board
21State Panel to compel the attendance of witnesses and the
22production of related documents, including, but not limited
23to, court documents and records. The Illinois Labor Relations
24Board State Panel shall have the power to issue subpoenas
25requiring the attendance of and testimony of witnesses and the
26production of related documents including, but not limited to,

HB4697- 722 -LRB103 35722 RLC 65802 b
1court documents and records and shall have the power to
2administer oaths.
3 The administrative law judge shall have the responsibility
4of receiving into evidence relevant testimony and documents,
5including court records, to support or disprove the
6allegations made by the person filing the verified complaint
7and, at the close of the case, hear arguments. If the
8administrative law judge finds that there is not clear and
9convincing evidence to support the verified complaint that the
10police officer has, while under oath, knowingly and willfully
11made false statements as to a material fact going to an element
12of the offense of murder, the administrative law judge shall
13make a written recommendation of dismissal to the Illinois
14Labor Relations Board State Panel. If the administrative law
15judge finds that there is clear and convincing evidence that
16the police officer has, while under oath, knowingly and
17willfully made false statements as to a material fact that
18goes to an element of the offense of murder, the
19administrative law judge shall make a written recommendation
20so concluding to the Illinois Labor Relations Board State
21Panel. The hearings shall be transcribed. The Executive
22Director of the Illinois Law Enforcement Training Standards
23Board shall be informed of the administrative law judge's
24recommended findings and decision and the Illinois Labor
25Relations Board State Panel's subsequent review of the
26recommendation.

HB4697- 723 -LRB103 35722 RLC 65802 b
1 An officer named in any complaint filed pursuant to this
2Act shall be indemnified for his or her reasonable attorney's
3fees and costs by his or her employer. These fees shall be paid
4in a regular and timely manner. The State, upon application by
5the public employer, shall reimburse the public employer for
6the accused officer's reasonable attorney's fees and costs. At
7no time and under no circumstances will the accused officer be
8required to pay his or her own reasonable attorney's fees or
9costs.
10 The accused officer shall not be placed on unpaid status
11because of the filing or processing of the verified complaint
12until there is a final non-appealable order sustaining his or
13her guilt and his or her certification is revoked. Nothing in
14this Act, however, restricts the public employer from pursuing
15discipline against the officer in the normal course and under
16procedures then in place.
17 The Illinois Labor Relations Board State Panel shall
18review the administrative law judge's recommended decision and
19order and determine by a majority vote whether or not there was
20clear and convincing evidence that the accused officer, while
21under oath, knowingly and willfully made false statements as
22to a material fact going to the offense of murder. Within 30
23days of service of the administrative law judge's recommended
24decision and order, the parties may file exceptions to the
25recommended decision and order and briefs in support of their
26exceptions with the Illinois Labor Relations Board State

HB4697- 724 -LRB103 35722 RLC 65802 b
1Panel. The parties may file responses to the exceptions and
2briefs in support of the responses no later than 15 days after
3the service of the exceptions. If exceptions are filed by any
4of the parties, the Illinois Labor Relations Board State Panel
5shall review the matter and make a finding to uphold, vacate,
6or modify the recommended decision and order. If the Illinois
7Labor Relations Board State Panel concludes that there is
8clear and convincing evidence that the accused officer, while
9under oath, knowingly and willfully made false statements as
10to a material fact going to an element of the offense murder,
11the Illinois Labor Relations Board State Panel shall inform
12the Illinois Law Enforcement Training Standards Board and the
13Illinois Law Enforcement Training Standards Board shall revoke
14the accused officer's certification. If the accused officer
15appeals that determination to the Appellate Court, as provided
16by this Act, he or she may petition the Appellate Court to stay
17the revocation of his or her certification pending the court's
18review of the matter.
19 None of the Illinois Labor Relations Board State Panel's
20findings or determinations shall set any precedent in any of
21its decisions decided pursuant to the Illinois Public Labor
22Relations Act by the Illinois Labor Relations Board State
23Panel or the courts.
24 A party aggrieved by the final order of the Illinois Labor
25Relations Board State Panel may apply for and obtain judicial
26review of an order of the Illinois Labor Relations Board State

HB4697- 725 -LRB103 35722 RLC 65802 b
1Panel, in accordance with the provisions of the Administrative
2Review Law, except that such judicial review shall be afforded
3directly in the Appellate Court for the district in which the
4accused officer resides. Any direct appeal to the Appellate
5Court shall be filed within 35 days from the date that a copy
6of the decision sought to be reviewed was served upon the party
7affected by the decision.
8 Interested parties. Only interested parties to the
9criminal prosecution in which the police officer allegedly,
10while under oath, knowingly and willfully made false
11statements as to a material fact going to an element of the
12offense of murder may file a verified complaint pursuant to
13this Section. For purposes of this Section, "interested
14parties" shall be limited to the defendant and any police
15officer who has personal knowledge that the police officer who
16is the subject of the complaint has, while under oath,
17knowingly and willfully made false statements as to a material
18fact going to an element of the offense of murder.
19 Semi-annual reports. The Executive Director of the
20Illinois Labor Relations Board shall submit semi-annual
21reports to the Governor, President, and Minority Leader of the
22Senate, and to the Speaker and Minority Leader of the House of
23Representatives beginning on June 30, 2004, indicating:
24 (1) the number of verified complaints received since
25 the date of the last report;
26 (2) the number of investigations initiated since the

HB4697- 726 -LRB103 35722 RLC 65802 b
1 date of the last report;
2 (3) the number of investigations concluded since the
3 date of the last report;
4 (4) the number of investigations pending as of the
5 reporting date;
6 (5) the number of hearings held since the date of the
7 last report; and
8 (6) the number of officers decertified since the date
9 of the last report.
10 (a) The Board must review law enforcement officer conduct
11and records to ensure that no law enforcement officer is
12certified or provided a valid waiver if that law enforcement
13officer has been convicted of, found guilty of, entered a plea
14of guilty to, or entered a plea of nolo contendere to, a felony
15offense under the laws of this State or any other state which
16if committed in this State would be punishable as a felony. The
17Board must also ensure that no law enforcement officer is
18certified or provided a valid waiver if that law enforcement
19officer has been convicted of, found guilty of, or entered a
20plea of guilty to, on or after January 1, 2022 (the effective
21date of Public Act 101-652) of any misdemeanor specified in
22this Section or if committed in any other state would be an
23offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
2411-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4,
2512-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1,
26any misdemeanor in violation of any Section of Part E of Title

HB4697- 727 -LRB103 35722 RLC 65802 b
1III of the Criminal Code of 1961 or the Criminal Code of 2012,
2or subsection (a) of Section 17-32 of the Criminal Code of 1961
3or the Criminal Code of 2012, or to Section 5 or 5.2 of the
4Cannabis Control Act, or any felony or misdemeanor in
5violation of federal law or the law of any state that is the
6equivalent of any of the offenses specified therein. The Board
7must appoint investigators to enforce the duties conferred
8upon the Board by this Act.
9 (a-1) For purposes of this Section, a person is "convicted
10of, or entered a plea of guilty to, plea of nolo contendere to,
11found guilty of" regardless of whether the adjudication of
12guilt or sentence is withheld or not entered thereon. This
13includes sentences of supervision, conditional discharge, or
14first offender probation, or any similar disposition provided
15for by law.
16 (b) It is the responsibility of the sheriff or the chief
17executive officer of every law enforcement agency or
18department within this State to report to the Board any
19arrest, conviction, finding of guilt, plea of guilty, or plea
20of nolo contendere to, of any officer for an offense
21identified in this Section, regardless of whether the
22adjudication of guilt or sentence is withheld or not entered
23thereon, this includes sentences of supervision, conditional
24discharge, or first offender probation.
25 (c) It is the duty and responsibility of every full-time
26and part-time law enforcement officer in this State to report

HB4697- 728 -LRB103 35722 RLC 65802 b
1to the Board within 14 days, and the officer's sheriff or chief
2executive officer, of the officer's arrest, conviction, found
3guilty of, or plea of guilty for an offense identified in this
4Section. Any full-time or part-time law enforcement officer
5who knowingly makes, submits, causes to be submitted, or files
6a false or untruthful report to the Board must have the
7officer's certificate or waiver immediately decertified or
8revoked.
9 (d) Any person, or a local or State agency, or the Board is
10immune from liability for submitting, disclosing, or releasing
11information of arrests, convictions, or pleas of guilty in
12this Section as long as the information is submitted,
13disclosed, or released in good faith and without malice. The
14Board has qualified immunity for the release of the
15information.
16 (e) Any full-time or part-time law enforcement officer
17with a certificate or waiver issued by the Board who is
18convicted of, found guilty of, or entered a plea of guilty to,
19or entered a plea of nolo contendere to any offense described
20in this Section immediately becomes decertified or no longer
21has a valid waiver. The decertification and invalidity of
22waivers occurs as a matter of law. Failure of a convicted
23person to report to the Board the officer's conviction as
24described in this Section or any continued law enforcement
25practice after receiving a conviction is a Class 4 felony.
26 For purposes of this Section, a person is considered to

HB4697- 729 -LRB103 35722 RLC 65802 b
1have been "convicted of, found guilty of, or entered a plea of
2guilty to, plea of nolo contendere to" regardless of whether
3the adjudication of guilt or sentence is withheld or not
4entered thereon, including sentences of supervision,
5conditional discharge, first offender probation, or any
6similar disposition as provided for by law.
7 (f) The Board's investigators shall be law enforcement
8officers as defined in Section 2 of this Act. The Board shall
9not waive the training requirement unless the investigator has
10had a minimum of 5 years experience as a sworn officer of a
11local, State, or federal law enforcement agency. An
12investigator shall not have been terminated for good cause,
13decertified, had his or her law enforcement license or
14certificate revoked in this or any other jurisdiction, or been
15convicted of any of the conduct listed in subsection (a). Any
16complaint filed against the Board's investigators shall be
17investigated by the Illinois State Police.
18 (g) The Board must request and receive information and
19assistance from any federal, state, local, or private
20enforcement agency as part of the authorized criminal
21background investigation. The Illinois State Police must
22process, retain, and additionally provide and disseminate
23information to the Board concerning criminal charges, arrests,
24convictions, and their disposition, that have been filed
25against a basic academy applicant, law enforcement applicant,
26or law enforcement officer whose fingerprint identification

HB4697- 730 -LRB103 35722 RLC 65802 b
1cards are on file or maintained by the Illinois State Police.
2The Federal Bureau of Investigation must provide the Board any
3criminal history record information contained in its files
4pertaining to law enforcement officers or any applicant to a
5Board certified basic law enforcement academy as described in
6this Act based on fingerprint identification. The Board must
7make payment of fees to the Illinois State Police for each
8fingerprint card submission in conformance with the
9requirements of paragraph 22 of Section 55a of the Civil
10Administrative Code of Illinois.
11 (g-5) Notwithstanding any provision of law to the
12contrary, the changes to this Section made by this amendatory
13Act of the 102nd General Assembly and Public Act 101-652 shall
14apply prospectively only from July 1, 2022.
15(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
16102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)
17 (50 ILCS 705/7)
18 Sec. 7. Rules and standards for schools. The Board shall
19adopt rules and minimum standards for such schools which shall
20include, but not be limited to, the following:
21 a. The curriculum for probationary police law
22 enforcement officers which shall be offered by all
23 certified schools shall include, but not be limited to,
24 courses of procedural justice, arrest and use and control
25 tactics, search and seizure, including temporary

HB4697- 731 -LRB103 35722 RLC 65802 b
1 questioning, civil rights, human rights, human relations,
2 cultural competency, including implicit bias and racial
3 and ethnic sensitivity, criminal law, law of criminal
4 procedure, constitutional and proper use of law
5 enforcement authority, crisis intervention training,
6 vehicle and traffic law including uniform and
7 non-discriminatory enforcement of the Illinois Vehicle
8 Code, traffic control and crash investigation, techniques
9 of obtaining physical evidence, court testimonies,
10 statements, reports, firearms training, training in the
11 use of electronic control devices, including the
12 psychological and physiological effects of the use of
13 those devices on humans, first-aid (including
14 cardiopulmonary resuscitation), training in the
15 administration of opioid antagonists as defined in
16 paragraph (1) of subsection (e) of Section 5-23 of the
17 Substance Use Disorder Act, handling of juvenile
18 offenders, recognition of mental conditions and crises,
19 including, but not limited to, the disease of addiction,
20 which require immediate assistance and response and
21 methods to safeguard and provide assistance to a person in
22 need of mental treatment, recognition of abuse, neglect,
23 financial exploitation, and self-neglect of adults with
24 disabilities and older adults, as defined in Section 2 of
25 the Adult Protective Services Act, crimes against the
26 elderly, law of evidence, the hazards of high-speed police

HB4697- 732 -LRB103 35722 RLC 65802 b
1 vehicle chases with an emphasis on alternatives to the
2 high-speed chase, and physical training. The curriculum
3 shall include specific training in techniques for
4 immediate response to and investigation of cases of
5 domestic violence and of sexual assault of adults and
6 children, including cultural perceptions and common myths
7 of sexual assault and sexual abuse as well as interview
8 techniques that are age sensitive and are trauma informed,
9 victim centered, and victim sensitive. The curriculum
10 shall include training in techniques designed to promote
11 effective communication at the initial contact with crime
12 victims and ways to comprehensively explain to victims and
13 witnesses their rights under the Rights of Crime Victims
14 and Witnesses Act and the Crime Victims Compensation Act.
15 The curriculum shall also include training in effective
16 recognition of and responses to stress, trauma, and
17 post-traumatic stress experienced by police law
18 enforcement officers that is consistent with Section 25 of
19 the Illinois Mental Health First Aid Training Act in a
20 peer setting, including recognizing signs and symptoms of
21 work-related cumulative stress, issues that may lead to
22 suicide, and solutions for intervention with peer support
23 resources. The curriculum shall include a block of
24 instruction addressing the mandatory reporting
25 requirements under the Abused and Neglected Child
26 Reporting Act. The curriculum shall also include a block

HB4697- 733 -LRB103 35722 RLC 65802 b
1 of instruction aimed at identifying and interacting with
2 persons with autism and other developmental or physical
3 disabilities, reducing barriers to reporting crimes
4 against persons with autism, and addressing the unique
5 challenges presented by cases involving victims or
6 witnesses with autism and other developmental
7 disabilities. The curriculum shall include training in the
8 detection and investigation of all forms of human
9 trafficking. The curriculum shall also include instruction
10 in trauma-informed responses designed to ensure the
11 physical safety and well-being of a child of an arrested
12 parent or immediate family member; this instruction must
13 include, but is not limited to: (1) understanding the
14 trauma experienced by the child while maintaining the
15 integrity of the arrest and safety of officers, suspects,
16 and other involved individuals; (2) de-escalation tactics
17 that would include the use of force when reasonably
18 necessary; and (3) inquiring whether a child will require
19 supervision and care. The curriculum for probationary law
20 enforcement officers shall include: (1) at least 12 hours
21 of hands-on, scenario-based role-playing; (2) at least 6
22 hours of instruction on use of force techniques, including
23 the use of de-escalation techniques to prevent or reduce
24 the need for force whenever safe and feasible; (3)
25 specific training on officer safety techniques, including
26 cover, concealment, and time; and (4) at least 6 hours of

HB4697- 734 -LRB103 35722 RLC 65802 b
1 training focused on high-risk traffic stops. The
2 curriculum for permanent police law enforcement officers
3 shall include, but not be limited to: (1) refresher and
4 in-service training in any of the courses listed above in
5 this subparagraph, (2) advanced courses in any of the
6 subjects listed above in this subparagraph, (3) training
7 for supervisory personnel, and (4) specialized training in
8 subjects and fields to be selected by the board. The
9 training in the use of electronic control devices shall be
10 conducted for probationary police law enforcement
11 officers, including University police officers. The
12 curriculum shall also include training on the use of a
13 firearms restraining order by providing instruction on the
14 process used to file a firearms restraining order and how
15 to identify situations in which a firearms restraining
16 order is appropriate.
17 b. Minimum courses of study, attendance requirements
18 and equipment requirements.
19 c. Minimum requirements for instructors.
20 d. Minimum basic training requirements, which a
21 probationary police law enforcement officer must
22 satisfactorily complete before being eligible for
23 permanent employment as a local police law enforcement
24 officer for a participating local governmental or State
25 governmental agency. Those requirements shall include
26 training in first aid (including cardiopulmonary

HB4697- 735 -LRB103 35722 RLC 65802 b
1 resuscitation).
2 e. Minimum basic training requirements, which a
3 probationary county corrections officer must
4 satisfactorily complete before being eligible for
5 permanent employment as a county corrections officer for a
6 participating local governmental agency.
7 f. Minimum basic training requirements which a
8 probationary court security officer must satisfactorily
9 complete before being eligible for permanent employment as
10 a court security officer for a participating local
11 governmental agency. The Board shall establish those
12 training requirements which it considers appropriate for
13 court security officers and shall certify schools to
14 conduct that training.
15 A person hired to serve as a court security officer
16 must obtain from the Board a certificate (i) attesting to
17 the officer's successful completion of the training
18 course; (ii) attesting to the officer's satisfactory
19 completion of a training program of similar content and
20 number of hours that has been found acceptable by the
21 Board under the provisions of this Act; or (iii) attesting
22 to the Board's determination that the training course is
23 unnecessary because of the person's extensive prior law
24 enforcement experience.
25 Individuals who currently serve as court security
26 officers shall be deemed qualified to continue to serve in

HB4697- 736 -LRB103 35722 RLC 65802 b
1 that capacity so long as they are certified as provided by
2 this Act within 24 months of June 1, 1997 (the effective
3 date of Public Act 89-685). Failure to be so certified,
4 absent a waiver from the Board, shall cause the officer to
5 forfeit his or her position.
6 All individuals hired as court security officers on or
7 after June 1, 1997 (the effective date of Public Act
8 89-685) shall be certified within 12 months of the date of
9 their hire, unless a waiver has been obtained by the
10 Board, or they shall forfeit their positions.
11 The Sheriff's Merit Commission, if one exists, or the
12 Sheriff's Office if there is no Sheriff's Merit
13 Commission, shall maintain a list of all individuals who
14 have filed applications to become court security officers
15 and who meet the eligibility requirements established
16 under this Act. Either the Sheriff's Merit Commission, or
17 the Sheriff's Office if no Sheriff's Merit Commission
18 exists, shall establish a schedule of reasonable intervals
19 for verification of the applicants' qualifications under
20 this Act and as established by the Board.
21 g. Minimum in-service training requirements, which a
22 police law enforcement officer must satisfactorily
23 complete every 3 years. Those requirements shall include
24 constitutional and proper use of law enforcement
25 authority, procedural justice, civil rights, human rights,
26 mental health awareness and response, officer wellness,

HB4697- 737 -LRB103 35722 RLC 65802 b
1 reporting child abuse and neglect, and cultural
2 competency, including implicit bias and racial and ethnic
3 sensitivity. These trainings shall consist of at least 30
4 hours of training every 3 years.
5 h. Minimum in-service training requirements, which a
6 police law enforcement officer must satisfactorily
7 complete at least annually. Those requirements shall
8 include law updates, and use of force training which shall
9 include scenario based training, or similar training
10 approved by the Board emergency medical response training
11 and certification, crisis intervention training, and
12 officer wellness and mental health.
13 i. Minimum in-service training requirements as set
14 forth in Section 10.6.
15 Notwithstanding any provision of law to the contrary, the
16changes made to this Section by Public Act 101-652, Public Act
17102-28, and Public Act 102-694 take effect July 1, 2022.
18(Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22;
19102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff.
207-1-23; 103-154, eff. 6-30-23.)
21 (50 ILCS 705/7.5)
22 Sec. 7.5. Police Law enforcement pursuit guidelines. The
23Board shall annually review police pursuit procedures and make
24available suggested police law enforcement pursuit guidelines
25for law enforcement agencies. This Section does not alter the

HB4697- 738 -LRB103 35722 RLC 65802 b
1effect of previously existing law, including the immunities
2established under the Local Governmental and Governmental
3Employees Tort Immunity Act.
4(Source: P.A. 101-652, eff. 1-1-22.)
5 (50 ILCS 705/8) (from Ch. 85, par. 508)
6 Sec. 8. Participation required. All home rule local
7governmental units shall comply with Sections 6.3, 8.1, and
88.2 and any other mandatory provisions of this Act. This Act is
9a limitation on home rule powers under subsection (i) of
10Section 6 of Article VII of the Illinois Constitution.
11(Source: P.A. 101-652, eff. 1-1-22.)
12 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
13 Sec. 8.1. Full-time police law enforcement and county
14corrections officers.
15 (a) After January 1, 1976, no person shall receive a
16permanent appointment as a law enforcement officer as defined
17in this Act nor shall any person receive, after the effective
18date of this amendatory Act of 1984, a permanent appointment
19as a county corrections officer unless that person has been
20awarded, within 6 months of his or her initial full-time
21employment, a certificate attesting to his or her successful
22completion of the Minimum Standards Basic Law Enforcement and
23County Correctional Training Course as prescribed by the
24Board; or has been awarded a certificate attesting to his or

HB4697- 739 -LRB103 35722 RLC 65802 b
1her satisfactory completion of a training program of similar
2content and number of hours and which course has been found
3acceptable by the Board under the provisions of this Act; or by
4reason of extensive prior law enforcement or county
5corrections experience the basic training requirement is
6determined by the Board to be illogical and unreasonable.
7 If such training is required and not completed within the
8applicable 6 months, then the officer must forfeit his or her
9position, or the employing agency must obtain a waiver from
10the Board extending the period for compliance. Such waiver
11shall be issued only for good and justifiable reasons, and in
12no case shall extend more than 90 days beyond the initial 6
13months. Any hiring agency that fails to train a law
14enforcement officer within this period shall be prohibited
15from employing this individual in a law enforcement capacity
16for one year from the date training was to be completed. If an
17agency again fails to train the individual a second time, the
18agency shall be permanently barred from employing this
19individual in a law enforcement capacity.
20 (b) No provision of this Section shall be construed to
21mean that a law enforcement officer employed by a local
22governmental agency at the time of the effective date of this
23amendatory Act, either as a probationary police officer or as
24a permanent police officer, shall require certification under
25the provisions of this Section. No provision of this Section
26shall be construed to mean that a county corrections officer

HB4697- 740 -LRB103 35722 RLC 65802 b
1employed by a local governmental agency at the time of the
2effective date of this amendatory Act of 1984, either as a
3probationary county corrections or as a permanent county
4corrections officer, shall require certification under the
5provisions of this Section. No provision of this Section shall
6be construed to apply to certification of elected county
7sheriffs.
8 (c) This Section does not apply to part-time police
9officers or probationary part-time police officers.
10 (a) No person shall receive a permanent appointment as a
11law enforcement officer or a permanent appointment as a county
12corrections officer unless that person has been awarded,
13within 6 months of the officer's initial full-time employment,
14a certificate attesting to the officer's successful completion
15of the Minimum Standards Basic Law Enforcement or County
16Correctional Training Course as prescribed by the Board; or
17has been awarded a certificate attesting to the officer's
18satisfactory completion of a training program of similar
19content and number of hours and which course has been found
20acceptable by the Board under the provisions of this Act; or a
21training waiver by reason of prior law enforcement or county
22corrections experience, obtained in Illinois, in any other
23state, or with an agency of the federal government, the basic
24training requirement is determined by the Board to be
25illogical and unreasonable. Agencies seeking a reciprocity
26waiver for training completed outside of Illinois must conduct

HB4697- 741 -LRB103 35722 RLC 65802 b
1a thorough background check and provide verification of the
2officer's prior training. After review and satisfaction of all
3requested conditions, the officer shall be awarded an
4equivalency certificate satisfying the requirements of this
5Section. Within 60 days after the effective date of this
6amendatory Act of the 103rd General Assembly, the Board shall
7adopt uniform rules providing for a waiver process for a
8person previously employed and qualified as a law enforcement
9or county corrections officer under federal law or the laws of
10any other state, or who has completed a basic law enforcement
11officer or correctional officer academy who would be qualified
12to be employed as a law enforcement officer or correctional
13officer by the federal government or any other state. These
14rules shall address the process for evaluating prior training
15credit, a description and list of the courses typically
16required for reciprocity candidates to complete prior to
17taking the exam, and a procedure for employers seeking a
18pre-activation determination for a reciprocity training
19waiver. The rules shall provide that any eligible person
20previously trained as a law enforcement or county corrections
21officer under federal law or the laws of any other state shall
22successfully complete the following prior to the approval of a
23waiver:
24 (1) a training program or set of coursework approved
25 by the Board on the laws of this State relevant to the
26 duties and training requirements of law enforcement and

HB4697- 742 -LRB103 35722 RLC 65802 b
1 county correctional officers;
2 (2) firearms training; and
3 (3) successful passage of the equivalency
4 certification examination.
5 If such training is required and not completed within the
6applicable 6 months, then the officer must forfeit the
7officer's position, or the employing agency must obtain a
8waiver from the Board extending the period for compliance.
9Such waiver shall be issued only for good and justifiable
10reasons, and in no case shall extend more than 90 days beyond
11the initial 6 months. Any hiring agency that fails to train a
12law enforcement officer within this period shall be prohibited
13from employing this individual in a law enforcement capacity
14for one year from the date training was to be completed. If an
15agency again fails to train the individual a second time, the
16agency shall be permanently barred from employing this
17individual in a law enforcement capacity.
18 An individual who is not certified by the Board or whose
19certified status is inactive shall not function as a law
20enforcement officer, be assigned the duties of a law
21enforcement officer by an employing agency, or be authorized
22to carry firearms under the authority of the employer, except
23as otherwise authorized to carry a firearm under State or
24federal law. Sheriffs who are elected as of January 1, 2022
25(the effective date of Public Act 101-652) are exempt from the
26requirement of certified status. Failure to be certified in

HB4697- 743 -LRB103 35722 RLC 65802 b
1accordance with this Act shall cause the officer to forfeit
2the officer's position.
3 An employing agency may not grant a person status as a law
4enforcement officer unless the person has been granted an
5active law enforcement officer certification by the Board.
6 (b) Inactive status. A person who has an inactive law
7enforcement officer certification has no law enforcement
8authority.
9 (1) A law enforcement officer's certification becomes
10 inactive upon termination, resignation, retirement, or
11 separation from the officer's employing law enforcement
12 agency for any reason. The Board shall re-activate a
13 certification upon written application from the law
14 enforcement officer's law enforcement agency that shows
15 the law enforcement officer: (i) has accepted a full-time
16 law enforcement position with that law enforcement agency,
17 (ii) is not the subject of a decertification proceeding,
18 and (iii) meets all other criteria for re-activation
19 required by the Board. The Board may also establish
20 special training requirements to be completed as a
21 condition for re-activation.
22 The Board shall review a notice for reactivation from
23 a law enforcement agency and provide a response within 30
24 days. The Board may extend this review. A law enforcement
25 officer shall be allowed to be employed as a full-time law
26 enforcement officer while the law enforcement officer

HB4697- 744 -LRB103 35722 RLC 65802 b
1 reactivation waiver is under review.
2 A law enforcement officer who is refused reactivation
3 or an employing agency of a law enforcement officer who is
4 refused reactivation under this Section may request a
5 hearing in accordance with the hearing procedures as
6 outlined in subsection (h) of Section 6.3 of this Act.
7 The Board may refuse to re-activate the certification
8 of a law enforcement officer who was involuntarily
9 terminated for good cause by an employing agency for
10 conduct subject to decertification under this Act or
11 resigned or retired after receiving notice of a law
12 enforcement agency's investigation.
13 (2) A law enforcement agency may place an officer who
14 is currently certified on inactive status by sending a
15 written request to the Board. A law enforcement officer
16 whose certificate has been placed on inactive status shall
17 not function as a law enforcement officer until the
18 officer has completed any requirements for reactivating
19 the certificate as required by the Board. A request for
20 inactive status in this subsection shall be in writing,
21 accompanied by verifying documentation, and shall be
22 submitted to the Board with a copy to the chief
23 administrator of the law enforcement officer's current or
24 new employing agency.
25 (3) Certification that has become inactive under
26 paragraph (2) of this subsection (b) shall be reactivated

HB4697- 745 -LRB103 35722 RLC 65802 b
1 by written notice from the law enforcement officer's
2 agency upon a showing that the law enforcement officer:
3 (i) is employed in a full-time law enforcement position
4 with the same law enforcement agency, (ii) is not the
5 subject of a decertification proceeding, and (iii) meets
6 all other criteria for re-activation required by the
7 Board.
8 (4) Notwithstanding paragraph (3) of this subsection
9 (b), a law enforcement officer whose certification has
10 become inactive under paragraph (2) may have the officer's
11 employing agency submit a request for a waiver of training
12 requirements to the Board in writing and accompanied by
13 any verifying documentation. A grant of a waiver is within
14 the discretion of the Board. Within 7 days of receiving a
15 request for a waiver under this Section, the Board shall
16 notify the law enforcement officer and the chief
17 administrator of the law enforcement officer's employing
18 agency, whether the request has been granted, denied, or
19 if the Board will take additional time for information. A
20 law enforcement agency whose request for a waiver under
21 this subsection is denied is entitled to request a review
22 of the denial by the Board. The law enforcement agency
23 must request a review within 20 days of the waiver being
24 denied. The burden of proof shall be on the law
25 enforcement agency to show why the law enforcement officer
26 is entitled to a waiver of the legislatively required

HB4697- 746 -LRB103 35722 RLC 65802 b
1 training and eligibility requirements.
2 (c) No provision of this Section shall be construed to
3mean that a county corrections officer employed by a
4governmental agency at the time of the effective date of this
5amendatory Act, either as a probationary county corrections
6officer or as a permanent county corrections officer, shall
7require certification under the provisions of this Section. No
8provision of this Section shall be construed to apply to
9certification of elected county sheriffs.
10 (d) Within 14 days, a law enforcement officer shall report
11to the Board: (1) any name change; (2) any change in
12employment; or (3) the filing of any criminal indictment or
13charges against the officer alleging that the officer
14committed any offense as enumerated in Section 6.1 of this
15Act.
16 (e) All law enforcement officers must report the
17completion of the training requirements required in this Act
18in compliance with Section 8.4 of this Act.
19 (e-1) Each employing law enforcement agency shall allow
20and provide an opportunity for a law enforcement officer to
21complete the mandated requirements in this Act. All mandated
22training shall be provided at no cost to the employees.
23Employees shall be paid for all time spent attending mandated
24training.
25 (e-2) Each agency, academy, or training provider shall
26maintain proof of a law enforcement officer's completion of

HB4697- 747 -LRB103 35722 RLC 65802 b
1legislatively required training in a format designated by the
2Board. The report of training shall be submitted to the Board
3within 30 days following completion of the training. A copy of
4the report shall be submitted to the law enforcement officer.
5Upon receipt of a properly completed report of training, the
6Board will make the appropriate entry into the training
7records of the law enforcement officer.
8 (f) This Section does not apply to part-time law
9enforcement officers or probationary part-time law enforcement
10officers.
11 (g) Notwithstanding any provision of law to the contrary,
12the changes made to this Section by Public Act 101-652, Public
13Act 102-28, and Public Act 102-694 take effect July 1, 2022.
14(Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
15103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
16 (50 ILCS 705/8.2)
17 Sec. 8.2. Part-time police law enforcement officers.
18 (a) A person hired to serve as a part-time police officer
19must obtain from the Board a certificate (i) attesting to his
20or her successful completion of the part-time police training
21course; (ii) attesting to his or her satisfactory completion
22of a training program of similar content and number of hours
23that has been found acceptable by the Board under the
24provisions of this Act; or (iii) attesting to the Board's
25determination that the part-time police training course is

HB4697- 748 -LRB103 35722 RLC 65802 b
1unnecessary because of the person's extensive prior law
2enforcement experience. A person hired on or after March 14,
32002 (the effective date of Public Act 92-533) must obtain
4this certificate within 18 months after the initial date of
5hire as a probationary part-time police officer in the State
6of Illinois. The probationary part-time police officer must be
7enrolled and accepted into a Board-approved course within 6
8months after active employment by any department in the State.
9A person hired on or after January 1, 1996 and before March 14,
102002 (the effective date of Public Act 92-533) must obtain
11this certificate within 18 months after the date of hire. A
12person hired before January 1, 1996 must obtain this
13certificate within 24 months after January 1, 1996 (the
14effective date of Public Act 89-170).
15 The employing agency may seek a waiver from the Board
16extending the period for compliance. A waiver shall be issued
17only for good and justifiable reasons, and the probationary
18part-time police officer may not practice as a part-time
19police officer during the waiver period. If training is
20required and not completed within the applicable time period,
21as extended by any waiver that may be granted, then the officer
22must forfeit his or her position.
23 (b) (Blank).
24 (c) The part-time police training course referred to in
25this Section shall be of similar content and the same number of
26hours as the courses for full-time officers and shall be

HB4697- 749 -LRB103 35722 RLC 65802 b
1provided by Mobile Team In-Service Training Units under the
2Intergovernmental Law Enforcement Officer's In-Service
3Training Act or by another approved program or facility in a
4manner prescribed by the Board.
5 (d) For the purposes of this Section, the Board shall
6adopt rules defining what constitutes employment on a
7part-time basis.
8 (a) A person hired to serve as a part-time law enforcement
9officer must obtain from the Board a certificate (i) attesting
10to the officer's successful completion of the part-time police
11training course; (ii) attesting to the officer's satisfactory
12completion of a training program of similar content and number
13of hours that has been found acceptable by the Board under the
14provisions of this Act; or (iii) a training waiver attesting
15to the Board's determination that the part-time police
16training course is unnecessary because of the person's prior
17law enforcement experience obtained in Illinois, in any other
18state, or with an agency of the federal government. A person
19hired on or after the effective date of this amendatory Act of
20the 92nd General Assembly must obtain this certificate within
2118 months after the initial date of hire as a probationary
22part-time law enforcement officer in the State of Illinois.
23The probationary part-time law enforcement officer must be
24enrolled and accepted into a Board-approved course within 6
25months after active employment by any department in the State.
26A person hired on or after January 1, 1996 and before the

HB4697- 750 -LRB103 35722 RLC 65802 b
1effective date of this amendatory Act of the 92nd General
2Assembly must obtain this certificate within 18 months after
3the date of hire. A person hired before January 1, 1996 must
4obtain this certificate within 24 months after the effective
5date of this amendatory Act of 1995. Agencies seeking a
6reciprocity waiver for training completed outside of Illinois
7must conduct a thorough background check and provide
8verification of the officer's prior training. After review and
9satisfaction of all requested conditions, the officer shall be
10awarded an equivalency certificate satisfying the requirements
11of this Section. Within 60 days after the effective date of
12this amendatory Act of the 103rd General Assembly, the Board
13shall adopt uniform rules providing for a waiver process for a
14person previously employed and qualified as a law enforcement
15or county corrections officer under federal law or the laws of
16any other state, or who has completed a basic law enforcement
17officer or correctional officer academy who would be qualified
18to be employed as a law enforcement officer or correctional
19officer by the federal government or any other state. These
20rules shall address the process for evaluating prior training
21credit, a description and list of the courses typically
22required for reciprocity candidates to complete prior to
23taking the exam, and a procedure for employers seeking a
24pre-activation determination for a reciprocity training
25waiver. The rules shall provide that any eligible person
26previously trained as a law enforcement or county corrections

HB4697- 751 -LRB103 35722 RLC 65802 b
1officer under federal law or the laws of any other state shall
2successfully complete the following prior to the approval of a
3waiver:
4 (1) a training program or set of coursework approved
5 by the Board on the laws of this State relevant to the
6 duties and training requirements of law enforcement and
7 county correctional officers;
8 (2) firearms training; and
9 (3) successful passage of the equivalency
10 certification examination.
11 The employing agency may seek an extension waiver from the
12Board extending the period for compliance. An extension waiver
13shall be issued only for good and justifiable reasons, and the
14probationary part-time law enforcement officer may not
15practice as a part-time law enforcement officer during the
16extension waiver period. If training is required and not
17completed within the applicable time period, as extended by
18any waiver that may be granted, then the officer must forfeit
19the officer's position.
20 An individual who is not certified by the Board or whose
21certified status is inactive shall not function as a law
22enforcement officer, be assigned the duties of a law
23enforcement officer by an agency, or be authorized to carry
24firearms under the authority of the employer, except that
25sheriffs who are elected are exempt from the requirement of
26certified status. Failure to be in accordance with this Act

HB4697- 752 -LRB103 35722 RLC 65802 b
1shall cause the officer to forfeit the officer's position.
2 (a-5) A part-time probationary law enforcement officer
3shall be allowed to complete six months of a part-time police
4training course and function as a law enforcement officer as
5permitted by this subsection with a waiver from the Board,
6provided the part-time law enforcement officer is still
7enrolled in the training course. If the part-time probationary
8law enforcement officer withdraws from the course for any
9reason or does not complete the course within the applicable
10time period, as extended by any waiver that may be granted,
11then the officer must forfeit the officer's position. A
12probationary law enforcement officer must function under the
13following rules:
14 (1) A law enforcement agency may not grant a person
15 status as a law enforcement officer unless the person has
16 been granted an active law enforcement officer
17 certification by the Board.
18 (2) A part-time probationary law enforcement officer
19 shall not be used as a permanent replacement for a
20 full-time law enforcement.
21 (3) A part-time probationary law enforcement officer
22 shall be directly supervised at all times by a Board
23 certified law enforcement officer. Direct supervision
24 requires oversight and control with the supervisor having
25 final decision-making authority as to the actions of the
26 recruit during duty hours.

HB4697- 753 -LRB103 35722 RLC 65802 b
1 (b) Inactive status. A person who has an inactive law
2enforcement officer certification has no law enforcement
3authority.
4 (1) A law enforcement officer's certification becomes
5 inactive upon termination, resignation, retirement, or
6 separation from the employing agency for any reason. The
7 Board shall re-activate a certification upon written
8 application from the law enforcement officer's employing
9 agency that shows the law enforcement officer: (i) has
10 accepted a part-time law enforcement position with that a
11 law enforcement agency, (ii) is not the subject of a
12 decertification proceeding, and (iii) meets all other
13 criteria for re-activation required by the Board.
14 The Board may refuse to re-activate the certification
15 of a law enforcement officer who was involuntarily
16 terminated for good cause by the officer's employing
17 agency for conduct subject to decertification under this
18 Act or resigned or retired after receiving notice of a law
19 enforcement agency's investigation.
20 (2) A law enforcement agency may place an officer who
21 is currently certified on inactive status by sending a
22 written request to the Board. A law enforcement officer
23 whose certificate has been placed on inactive status shall
24 not function as a law enforcement officer until the
25 officer has completed any requirements for reactivating
26 the certificate as required by the Board. A request for

HB4697- 754 -LRB103 35722 RLC 65802 b
1 inactive status in this subsection shall be in writing,
2 accompanied by verifying documentation, and shall be
3 submitted to the Board by the law enforcement officer's
4 employing agency.
5 (3) Certification that has become inactive under
6 paragraph (2) of this subsection (b), shall be reactivated
7 by written notice from the law enforcement officer's law
8 enforcement agency upon a showing that the law enforcement
9 officer is: (i) employed in a part-time law enforcement
10 position with the same law enforcement agency, (ii) not
11 the subject of a decertification proceeding, and (iii)
12 meets all other criteria for re-activation required by the
13 Board. The Board may also establish special training
14 requirements to be completed as a condition for
15 re-activation.
16 The Board shall review a notice for reactivation from
17 a law enforcement agency and provide a response within 30
18 days. The Board may extend this review. A law enforcement
19 officer shall be allowed to be employed as a part-time law
20 enforcement officer while the law enforcement officer
21 reactivation waiver is under review.
22 A law enforcement officer who is refused reactivation
23 or an employing agency of a law enforcement officer who is
24 refused reactivation under this Section may request a
25 hearing in accordance with the hearing procedures as
26 outlined in subsection (h) of Section 6.3 of this Act.

HB4697- 755 -LRB103 35722 RLC 65802 b
1 (4) Notwithstanding paragraph (3) of this Section, a
2 law enforcement officer whose certification has become
3 inactive under paragraph (2) may have the officer's
4 employing agency submit a request for a waiver of training
5 requirements to the Board in writing and accompanied by
6 any verifying documentation. A grant of a waiver is within
7 the discretion of the Board. Within 7 days of receiving a
8 request for a waiver under this section, the Board shall
9 notify the law enforcement officer and the chief
10 administrator of the law enforcement officer's employing
11 agency, whether the request has been granted, denied, or
12 if the Board will take additional time for information. A
13 law enforcement agency or law enforcement officer, whose
14 request for a waiver under this subsection is denied, is
15 entitled to request a review of the denial by the Board.
16 The law enforcement agency must request a review within 20
17 days after the waiver being denied. The burden of proof
18 shall be on the law enforcement agency to show why the law
19 enforcement officer is entitled to a waiver of the
20 legislatively required training and eligibility
21 requirements.
22 (c) The part-time police training course referred to in
23this Section shall be of similar content and the same number of
24hours as the courses for full-time officers and shall be
25provided by Mobile Team In-Service Training Units under the
26Intergovernmental Law Enforcement Officer's In-Service

HB4697- 756 -LRB103 35722 RLC 65802 b
1Training Act or by another approved program or facility in a
2manner prescribed by the Board.
3 (d) Within 14 days, a law enforcement officer shall report
4to the Board: (1) any name change; (2) any change in
5employment; or (3) the filing of any criminal indictment or
6charges against the officer alleging that the officer
7committed any offense as enumerated in Section 6.1 of this
8Act.
9 (e) All law enforcement officers must report the
10completion of the training requirements required in this Act
11in compliance with Section 8.4 of this Act.
12 (e-1) Each employing agency shall allow and provide an
13opportunity for a law enforcement officer to complete the
14requirements in this Act. All mandated training shall be
15provided for at no cost to the employees. Employees shall be
16paid for all time spent attending mandated training.
17 (e-2) Each agency, academy, or training provider shall
18maintain proof of a law enforcement officer's completion of
19legislatively required training in a format designated by the
20Board. The report of training shall be submitted to the Board
21within 30 days following completion of the training. A copy of
22the report shall be submitted to the law enforcement officer.
23Upon receipt of a properly completed report of training, the
24Board will make the appropriate entry into the training
25records of the law enforcement officer.
26 (f) For the purposes of this Section, the Board shall

HB4697- 757 -LRB103 35722 RLC 65802 b
1adopt rules defining what constitutes employment on a
2part-time basis.
3 (g) Notwithstanding any provision of law to the contrary,
4the changes made to this Section by this amendatory Act of the
5102nd General Assembly and Public Act 101-652 take effect July
61, 2022.
7(Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24.)
8 (50 ILCS 705/9) (from Ch. 85, par. 509)
9 Sec. 9. A special fund is hereby established in the State
10Treasury to be known as the Traffic and Criminal Conviction
11Surcharge Fund. Moneys in this Fund shall be expended as
12follows:
13 (1) a portion of the total amount deposited in the
14 Fund may be used, as appropriated by the General Assembly,
15 for the ordinary and contingent expenses of the Illinois
16 Law Enforcement Training Standards Board;
17 (2) a portion of the total amount deposited in the
18 Fund shall be appropriated for the reimbursement of local
19 governmental agencies participating in training programs
20 certified by the Board, in an amount equaling 1/2 of the
21 total sum paid by such agencies during the State's
22 previous fiscal year for mandated training for
23 probationary police law enforcement officers or
24 probationary county corrections officers and for optional
25 advanced and specialized law enforcement or county

HB4697- 758 -LRB103 35722 RLC 65802 b
1 corrections training; these reimbursements may include the
2 costs for tuition at training schools, the salaries of
3 trainees while in schools, and the necessary travel and
4 room and board expenses for each trainee; if the
5 appropriations under this paragraph (2) are not sufficient
6 to fully reimburse the participating local governmental
7 agencies, the available funds shall be apportioned among
8 such agencies, with priority first given to repayment of
9 the costs of mandatory training given to law enforcement
10 officer or county corrections officer recruits, then to
11 repayment of costs of advanced or specialized training for
12 permanent police law enforcement officers or permanent
13 county corrections officers;
14 (3) a portion of the total amount deposited in the
15 Fund may be used to fund the Intergovernmental Law
16 Enforcement Officer's In-Service Training Act, veto
17 overridden October 29, 1981, as now or hereafter amended,
18 at a rate and method to be determined by the board;
19 (4) a portion of the Fund also may be used by the
20 Illinois State Police for expenses incurred in the
21 training of employees from any State, county, or municipal
22 agency whose function includes enforcement of criminal or
23 traffic law;
24 (5) a portion of the Fund may be used by the Board to
25 fund grant-in-aid programs and services for the training
26 of employees from any county or municipal agency whose

HB4697- 759 -LRB103 35722 RLC 65802 b
1 functions include corrections or the enforcement of
2 criminal or traffic law;
3 (6) for fiscal years 2013 through 2017 only, a portion
4 of the Fund also may be used by the Department of State
5 Police to finance any of its lawful purposes or functions;
6 (7) a portion of the Fund may be used by the Board,
7 subject to appropriation, to administer grants to local
8 law enforcement agencies for the purpose of purchasing
9 bulletproof vests under the Law Enforcement Officer
10 Bulletproof Vest Act; and
11 (8) a portion of the Fund may be used by the Board to
12 create a law enforcement grant program available for units
13 of local government to fund crime prevention programs,
14 training, and interdiction efforts, including enforcement
15 and prevention efforts, relating to the illegal cannabis
16 market and driving under the influence of cannabis.
17 All payments from the Traffic and Criminal Conviction
18Surcharge Fund shall be made each year from moneys
19appropriated for the purposes specified in this Section. No
20more than 50% of any appropriation under this Act shall be
21spent in any city having a population of more than 500,000. The
22State Comptroller and the State Treasurer shall from time to
23time, at the direction of the Governor, transfer from the
24Traffic and Criminal Conviction Surcharge Fund to the General
25Revenue Fund in the State Treasury such amounts as the
26Governor determines are in excess of the amounts required to

HB4697- 760 -LRB103 35722 RLC 65802 b
1meet the obligations of the Traffic and Criminal Conviction
2Surcharge Fund.
3(Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22;
4102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
5 (50 ILCS 705/10) (from Ch. 85, par. 510)
6 Sec. 10. The Board may make, amend and rescind such rules
7and regulations as may be necessary to carry out the
8provisions of this Act, including those relating to the annual
9certification of retired law enforcement officers qualified
10under federal law to carry a concealed weapon. A copy of all
11rules and regulations and amendments or rescissions thereof
12shall be filed with the Secretary of State within a reasonable
13time after their adoption. The schools certified by the Board
14and participating in the training program may dismiss from the
15school any trainee prior to the officer's completion of the
16course, if in the opinion of the person in charge of the
17training school, the trainee is unable or unwilling to
18satisfactorily complete the prescribed course of training.
19 The Board shall adopt emergency rules to administer this
20Act in accordance with Section 5-45 of the Illinois
21Administrative Procedure Act. For the purposes of the Illinois
22Administrative Procedure Act, the General Assembly finds that
23the adoption of rules to implement this Act is deemed an
24emergency and necessary to the public interest, safety, and
25welfare.

HB4697- 761 -LRB103 35722 RLC 65802 b
1(Source: P.A. 101-652, eff. 1-1-22.)
2 (50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
3 Sec. 10.1. Additional training programs. The Board shall
4initiate, administer, and conduct training programs for
5permanent police law enforcement officers and permanent county
6corrections officers in addition to the basic recruit training
7program. The Board may initiate, administer, and conduct
8training programs for part-time police law enforcement
9officers in addition to the basic part-time police law
10enforcement training course. The training for permanent and
11part-time police law enforcement officers and permanent county
12corrections officers may be given in any schools selected by
13the Board. Such training may include all or any part of the
14subjects enumerated in Sections 7 and 7.4 of this Act.
15 The corporate authorities of all participating local
16governmental agencies may elect to participate in the advanced
17training for permanent and part-time police law enforcement
18officers and permanent county corrections officers but
19nonparticipation in this program shall not in any way affect
20the mandatory responsibility of governmental units to
21participate in the basic recruit training programs for
22probationary full-time and part-time police law enforcement
23and permanent county corrections officers. The failure of any
24permanent or part-time police law enforcement officer or
25permanent county corrections officer to successfully complete

HB4697- 762 -LRB103 35722 RLC 65802 b
1any course authorized under this Section shall not affect the
2officer's status as a member of the police department or
3county sheriff's office of any local governmental agency.
4 The Board may initiate, administer, and conduct training
5programs for clerks of circuit courts. Those training
6programs, at the Board's discretion, may be the same or
7variations of training programs for law enforcement officers.
8 The Board shall initiate, administer, and conduct a
9training program regarding the set up and operation of
10portable scales for all municipal and county police officers,
11technicians, and employees who set up and operate portable
12scales. This training program must include classroom and field
13training.
14(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
15 (50 ILCS 705/10.2)
16 Sec. 10.2. Criminal background investigations.
17 (a) On and after March 14, 2002 (the effective date of
18Public Act 92-533), an applicant for employment as a peace
19officer, or for annual certification as a retired law
20enforcement officer qualified under federal law to carry a
21concealed weapon, shall authorize an investigation to
22determine if the applicant has been convicted of, or entered a
23plea of guilty to, any criminal offense that disqualifies the
24person as a peace officer.
25 (b) No law enforcement agency may knowingly employ a

HB4697- 763 -LRB103 35722 RLC 65802 b
1person, or certify a retired law enforcement officer qualified
2under federal law to carry a concealed weapon, unless (i) a
3criminal background investigation of that person has been
4completed and (ii) that investigation reveals no convictions
5of or pleas of guilty to of offenses specified in subsection
6(a) of Section 6.1 of this Act.
7(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
8102-558, eff. 8-20-21; 102-694, eff. 1-7-22.)
9 (50 ILCS 705/10.3)
10 Sec. 10.3. Training of police law enforcement officers to
11conduct electronic interrogations.
12 (a) From appropriations made to it for that purpose, the
13Board shall initiate, administer, and conduct training
14programs for permanent police law enforcement officers,
15part-time police law enforcement officers, and recruits on the
16methods and technical aspects of conducting electronic
17recordings of interrogations.
18 (b) Subject to appropriation, the Board shall develop
19technical guidelines for the mandated recording of custodial
20interrogations in all homicide investigations by law
21enforcement agencies. These guidelines shall be developed in
22conjunction with law enforcement agencies and technology
23accreditation groups to provide guidance for law enforcement
24agencies in implementing the mandated recording of custodial
25interrogations in all homicide investigations.

HB4697- 764 -LRB103 35722 RLC 65802 b
1(Source: P.A. 101-652, eff. 1-1-22.)
2 (50 ILCS 705/10.5-1 new)
3 Sec. 10.5-1. Conservators of the Peace training course.
4The Board shall initiate, administer, and conduct a training
5course for conservators of the peace. The training course may
6include all or any part of the subjects enumerated in Section
77. The Board shall issue a certificate to those persons
8successfully completing the course. For the purposes of this
9Section, "conservators of the peace" means those persons
10designated under Section 3.1-15-25 of the Illinois Municipal
11Code and Section 4-7 of the Park District Code.
12 (50 ILCS 705/10.11)
13 Sec. 10.11. Training; death and homicide investigation.
14The Illinois Law Enforcement Training Standards Board shall
15conduct or approve a training program in death and homicide
16investigation for the training of law enforcement officers of
17local law enforcement agencies. Only law enforcement officers
18who successfully complete the training program may be assigned
19as lead investigators in death and homicide investigations.
20Satisfactory completion of the training program shall be
21evidenced by a certificate issued to the law enforcement
22officer by the Illinois Law Enforcement Training Standards
23Board.
24 The Illinois Law Enforcement Training Standards Board

HB4697- 765 -LRB103 35722 RLC 65802 b
1shall develop a process for waiver applications sent by a
2local law enforcement governmental agency administrator for
3those officers whose prior training and experience as homicide
4investigators may qualify them for a waiver. The Board may
5issue a waiver at its discretion, based solely on the prior
6training and experience of an officer as a homicide
7investigator. This Section does not affect or impede the
8powers of the office of the coroner to investigate all deaths
9as provided in Division 3-3 of the Counties Code and the
10Coroner Training Board Act.
11(Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21;
12102-694, eff. 1-7-22.)
13 (50 ILCS 705/10.18)
14 Sec. 10.18. Training; administration of opioid
15antagonists. The Board shall conduct or approve an in-service
16training program for police law enforcement officers in the
17administration of opioid antagonists as defined in paragraph
18(1) of subsection (e) of Section 5-23 of the Substance Use
19Disorder Act that is in accordance with that Section. As used
20in this Section, the term "police law enforcement officers"
21includes full-time or part-time probationary police law
22enforcement officers, permanent or part-time police law
23enforcement officers, recruits, permanent or probationary
24county corrections officers, permanent or probationary county
25security officers, and court security officers. The term does

HB4697- 766 -LRB103 35722 RLC 65802 b
1not include auxiliary police officers as defined in Section
23.1-30-20 of the Illinois Municipal Code.
3(Source: P.A. 101-652, eff. 1-1-22; 102-813, eff. 5-13-22.)
4 (50 ILCS 705/10.19)
5 Sec. 10.19. Training; administration of epinephrine.
6 (a) This Section, along with Section 40 of the Illinois
7State Police Act, may be referred to as the Annie LeGere Law.
8 (b) For purposes of this Section, "epinephrine
9auto-injector" means a single-use device used for the
10automatic injection of a pre-measured dose of epinephrine into
11the human body prescribed in the name of a local law
12enforcement agency.
13 (c) The Board shall conduct or approve an optional
14advanced training program for police law enforcement officers
15to recognize and respond to anaphylaxis, including the
16administration of an epinephrine auto-injector. The training
17must include, but is not limited to:
18 (1) how to recognize symptoms of an allergic reaction;
19 (2) how to respond to an emergency involving an
20 allergic reaction;
21 (3) how to administer an epinephrine auto-injector;
22 (4) how to respond to an individual with a known
23 allergy as well as an individual with a previously unknown
24 allergy;
25 (5) a test demonstrating competency of the knowledge

HB4697- 767 -LRB103 35722 RLC 65802 b
1 required to recognize anaphylaxis and administer an
2 epinephrine auto-injector; and
3 (6) other criteria as determined in rules adopted by
4 the Board.
5 (d) A local law enforcement agency may authorize a police
6law enforcement officer who has completed an optional advanced
7training program under subsection (c) to carry, administer, or
8assist with the administration of epinephrine auto-injectors
9provided by the local law enforcement agency whenever the
10officer is performing official duties.
11 (e) A local law enforcement agency that authorizes its
12officers to carry and administer epinephrine auto-injectors
13under subsection (d) must establish a policy to control the
14acquisition, storage, transportation, administration, and
15disposal of epinephrine auto-injectors and to provide
16continued training in the administration of epinephrine
17auto-injectors.
18 (f) A physician, physician assistant with prescriptive
19authority, or advanced practice registered nurse with
20prescriptive authority may provide a standing protocol or
21prescription for epinephrine auto-injectors in the name of a
22local law enforcement agency to be maintained for use when
23necessary.
24 (g) When a police law enforcement officer administers an
25epinephrine auto-injector in good faith, the police law
26enforcement officer and local law enforcement agency, and its

HB4697- 768 -LRB103 35722 RLC 65802 b
1employees and agents, including a physician, physician
2assistant with prescriptive authority, or advanced practice
3registered nurse with prescriptive authority who provides a
4standing order or prescription for an epinephrine
5auto-injector, incur no civil or professional liability,
6except for willful and wanton conduct, or as a result of any
7injury or death arising from the use of an epinephrine
8auto-injector.
9(Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22;
10103-154, eff. 6-30-23.)
11 (50 ILCS 705/10.20)
12 Sec. 10.20. Disposal of medications. The Board shall
13develop rules and minimum standards for local law enforcement
14agencies that authorize police law enforcement officers to
15dispose of unused medications under Section 18 of the Safe
16Pharmaceutical Disposal Act.
17(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
18 (50 ILCS 705/3.1 rep.)
19 (50 ILCS 705/6.3 rep.)
20 (50 ILCS 705/6.6 rep.)
21 (50 ILCS 705/6.7 rep.)
22 (50 ILCS 705/8.3 rep.)
23 (50 ILCS 705/8.4 rep.)
24 (50 ILCS 705/9.2 rep.)

HB4697- 769 -LRB103 35722 RLC 65802 b
1 (50 ILCS 705/13 rep.)
2 Section 405. The Illinois Police Training Act is amended
3by repealing Sections 3.1, 6.3, 6.6, 6.7, 8.3, 8.4, 9.2, and
413.
5 Section 410. The Counties Code is amended by changing
6Section 3-6001.5 as follows:
7 (55 ILCS 5/3-6001.5)
8 Sec. 3-6001.5. Sheriff qualifications. A person is not
9eligible to be elected or appointed to the office of sheriff,
10unless that person meets all of the following requirements:
11 (1) Is a United States citizen.
12 (2) Has been a resident of the county for at least one
13 year.
14 (3) Is not a convicted felon.
15 (4) Has a certificate attesting to his or her
16 successful completion of the Minimum Standards Basic Law
17 Enforcement Officers Training Course as prescribed by the
18 Illinois Law Enforcement Training Standards Board or a
19 substantially similar training program of another state or
20 the federal government. This paragraph does not apply to a
21 sheriff currently serving on the effective date of this
22 amendatory Act of the 101st General Assembly.
23(Source: P.A. 101-652, eff. 1-1-22.)

HB4697- 770 -LRB103 35722 RLC 65802 b
1 Section 995. No acceleration or delay. Where this Act
2makes changes in a statute that is represented in this Act by
3text that is not yet or no longer in effect (for example, a
4Section represented by multiple versions), the use of that
5text does not accelerate or delay the taking effect of (i) the
6changes made by this Act or (ii) provisions derived from any
7other Public Act.
8 Section 999. Effective date. This Act takes effect upon
9becoming law.

HB4697- 771 -LRB103 35722 RLC 65802 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 845/Act rep.
4 730 ILCS 205/Act rep.
5 730 ILCS 210/Act rep.
6 5 ILCS 70/1.43 rep.
7 5 ILCS 100/5-45.35 rep.
8 5 ILCS 140/2.15
9 5 ILCS 160/4a
10 5 ILCS 315/14from Ch. 48, par. 1614
11 5 ILCS 820/1
12 5 ILCS 820/5
13 5 ILCS 820/10
14 5 ILCS 820/15
15 5 ILCS 820/20
16 5 ILCS 820/30
17 5 ILCS 820/35
18 5 ILCS 820/21 rep.
19 15 ILCS 205/10 rep.
20 20 ILCS 2605/2605-302was 20 ILCS 2605/55a in part
21 20 ILCS 2610/14from Ch. 121, par. 307.14
22 20 ILCS 2610/17c rep.
23 20 ILCS 3930/7.7 rep.
24 20 ILCS 3930/7.8 rep.
25 30 ILCS 105/5.990 rep.

HB4697- 772 -LRB103 35722 RLC 65802 b
1 50 ILCS 105/4.1 rep.
2 50 ILCS 205/3b
3 50 ILCS 205/25 rep.
4 50 ILCS 705/6.2
5 50 ILCS 705/10.17
6 50 ILCS 705/10.6 rep.
7 50 ILCS 706/10-10
8 50 ILCS 706/10-15
9 50 ILCS 706/10-20
10 50 ILCS 706/10-25
11 50 ILCS 707/10
12 50 ILCS 709/5-10
13 50 ILCS 709/5-12
14 50 ILCS 709/5-20
15 50 ILCS 709/5-11 rep.
16 50 ILCS 725/3.2from Ch. 85, par. 2555
17 50 ILCS 725/3.4from Ch. 85, par. 2557
18 50 ILCS 725/3.8from Ch. 85, par. 2561
19 50 ILCS 725/6.1 new
20 50 ILCS 727/1-35 rep.
21 55 ILCS 5/4-5001from Ch. 34, par. 4-5001
22 55 ILCS 5/4-12001from Ch. 34, par. 4-12001
23 55 ILCS 5/4-12001.1from Ch. 34, par. 4-12001.1
24 55 ILCS 5/3-4014 rep.
25 55 ILCS 5/3-6041 rep.
26 65 ILCS 5/11-5.1-2 rep.

HB4697- 773 -LRB103 35722 RLC 65802 b
1 65 ILCS 5/1-2-12.2 new
2 110 ILCS 12/15
3 215 ILCS 5/143.19from Ch. 73, par. 755.19
4 215 ILCS 5/143.19.1from Ch. 73, par. 755.19.1
5 215 ILCS 5/205from Ch. 73, par. 817
6 230 ILCS 10/5.1from Ch. 120, par. 2405.1
7 410 ILCS 70/7.5
8 625 ILCS 5/6-204from Ch. 95 1/2, par. 6-204
9 625 ILCS 5/6-308
10 625 ILCS 5/6-500from Ch. 95 1/2, par. 6-500
11 625 ILCS 5/6-601from Ch. 95 1/2, par. 6-601
12 625 ILCS 5/16-103from Ch. 95 1/2, par. 16-103
13 625 ILCS 5/6-209.1
14 625 ILCS 5/11-208.3from Ch. 95 1/2, par. 11-208.3
15 625 ILCS 5/11-208.6
16 625 ILCS 5/11-208.8
17 625 ILCS 5/11-208.9
18 625 ILCS 5/11-1201.1
19 625 ILCS 5/4-214.2 new
20 625 ILCS 5/6-303from Ch. 95 1/2, par. 6-303
21 625 ILCS 5/6-306.5-1 new
22 625 ILCS 5/6-306.9 new
23 625 ILCS 40/5-7
24 705 ILCS 105/27.3bfrom Ch. 25, par. 27.3b
25 705 ILCS 205/9from Ch. 13, par. 9
26 705 ILCS 405/1-7

HB4697- 774 -LRB103 35722 RLC 65802 b
1 705 ILCS 405/1-8
2 705 ILCS 405/5-150
3 720 ILCS 5/26.5-5
4 720 ILCS 5/31-1from Ch. 38, par. 31-1
5 720 ILCS 5/31A-0.1
6 720 ILCS 5/32-10from Ch. 38, par. 32-10
7 720 ILCS 5/7-5from Ch. 38, par. 7-5
8 720 ILCS 5/7-5.5
9 720 ILCS 5/7-9from Ch. 38, par. 7-9
10 720 ILCS 5/9-1from Ch. 38, par. 9-1
11 720 ILCS 5/33-3from Ch. 38, par. 33-3
12 720 ILCS 5/32-15.1 new
13 720 ILCS 5/7-15 rep.
14 720 ILCS 5/7-16 rep.
15 720 ILCS 5/33-9 rep.
16 725 ILCS 5/102-6from Ch. 38, par. 102-6
17 725 ILCS 5/102-7from Ch. 38, par. 102-7
18 725 ILCS 5/103-5from Ch. 38, par. 103-5
19 725 ILCS 5/103-7from Ch. 38, par. 103-7
20 725 ILCS 5/103-9from Ch. 38, par. 103-9
21 725 ILCS 5/104-13from Ch. 38, par. 104-13
22 725 ILCS 5/104-17from Ch. 38, par. 104-17
23 725 ILCS 5/106D-1
24 725 ILCS 5/107-4from Ch. 38, par. 107-4
25 725 ILCS 5/107-9from Ch. 38, par. 107-9
26 725 ILCS 5/107-11from Ch. 38, par. 107-11

HB4697- 775 -LRB103 35722 RLC 65802 b
1 725 ILCS 5/109-1from Ch. 38, par. 109-1
2 725 ILCS 5/109-2from Ch. 38, par. 109-2
3 725 ILCS 5/109-3from Ch. 38, par. 109-3
4 725 ILCS 5/109-3.1from Ch. 38, par. 109-3.1
5 725 ILCS 5/Art. 110
6 heading
7 725 ILCS 5/110-1from Ch. 38, par. 110-1
8 725 ILCS 5/110-2from Ch. 38, par. 110-2
9 725 ILCS 5/110-3.1 new
10 725 ILCS 5/110-5from Ch. 38, par. 110-5
11 725 ILCS 5/110-5.2
12 725 ILCS 5/110-6
13 725 ILCS 5/110-6.1
14 725 ILCS 5/110-6.2from Ch. 38, par. 110-6.2
15 725 ILCS 5/110-6.4
16 725 ILCS 5/110-10from Ch. 38, par. 110-10
17 725 ILCS 5/110-11from Ch. 38, par. 110-11
18 725 ILCS 5/110-12from Ch. 38, par. 110-12
19 725 ILCS 5/111-2from Ch. 38, par. 111-2
20 725 ILCS 5/112A-23from Ch. 38, par. 112A-23
21 725 ILCS 5/113-3.1from Ch. 38, par. 113-3.1
22 725 ILCS 5/114-1from Ch. 38, par. 114-1
23 725 ILCS 5/115-4.1from Ch. 38, par. 115-4.1
24 725 ILCS 5/122-6from Ch. 38, par. 122-6
25 725 ILCS 5/102-10.5 rep.
26 725 ILCS 5/102-14.5 rep.

HB4697- 776 -LRB103 35722 RLC 65802 b
1 725 ILCS 5/110-6.6 rep.
2 725 ILCS 5/110-7.5 rep.
3 725 ILCS 5/110-1.5 rep.
4 725 ILCS 5/103-2from Ch. 38, par. 103-2
5 725 ILCS 5/108-8from Ch. 38, par. 108-8
6 725 ILCS 5/103-3.1 new
7 725 ILCS 5/110-4.1 new
8 725 ILCS 5/110-6.3-1 new
9 725 ILCS 5/110-6.5-1 new
10 725 ILCS 5/110-7.1 new
11 725 ILCS 5/110-8.1 new
12 725 ILCS 5/110-9.1 new
13 725 ILCS 5/110-13.1 new
14 725 ILCS 5/110-14.1 new
15 725 ILCS 5/110-15.1 new
16 725 ILCS 5/110-16.1 new
17 725 ILCS 5/110-17.1 new
18 725 ILCS 5/110-18.1 new
19 725 ILCS 5/Art. 110B
20 heading new
21 725 ILCS 5/110B-5 new
22 725 ILCS 5/110B-10 new
23 725 ILCS 5/110B-15 new
24 725 ILCS 5/110B-20 new
25 725 ILCS 5/110B-25 new
26 725 ILCS 5/110B-30 new

HB4697- 777 -LRB103 35722 RLC 65802 b
1 725 ILCS 5/110B-35 new
2 725 ILCS 5/110B-40 new
3 725 ILCS 5/110B-45 new
4 725 ILCS 5/110B-50 new
5 725 ILCS 5/110B-55 new
6 725 ILCS 5/110B-60 new
7 725 ILCS 5/110B-65 new
8 725 ILCS 5/110B-70 new
9 725 ILCS 5/110B-75 new
10 725 ILCS 5/110B-80 new
11 725 ILCS 165/4from Ch. 38, par. 161-4
12 725 ILCS 120/3from Ch. 38, par. 1403
13 725 ILCS 120/4from Ch. 38, par. 1404
14 725 ILCS 120/4.5
15 725 ILCS 185/7from Ch. 38, par. 307
16 725 ILCS 185/11from Ch. 38, par. 311
17 725 ILCS 185/19from Ch. 38, par. 319
18 725 ILCS 185/20from Ch. 38, par. 320
19 725 ILCS 185/22from Ch. 38, par. 322
20 725 ILCS 185/34
21 725 ILCS 195/Act title
22 725 ILCS 195/0.01from Ch. 16, par. 80
23 725 ILCS 195/1from Ch. 16, par. 81
24 725 ILCS 195/2from Ch. 16, par. 82
25 725 ILCS 195/3from Ch. 16, par. 83
26 725 ILCS 195/5from Ch. 16, par. 85

HB4697- 778 -LRB103 35722 RLC 65802 b
1 730 ILCS 5/5-3-2from Ch. 38, par. 1005-3-2
2 730 ILCS 5/5-5-3.2
3 730 ILCS 5/5-6-4from Ch. 38, par. 1005-6-4
4 730 ILCS 5/5-6-4.1from Ch. 38, par. 1005-6-4.1
5 730 ILCS 5/5-8A-7
6 730 ILCS 5/8-2-1from Ch. 38, par. 1008-2-1
7 730 ILCS 5/3-6-3
8 730 ILCS 5/5-4-1from Ch. 38, par. 1005-4-1
9 730 ILCS 5/5-4.5-95
10 730 ILCS 5/5-4.5-100
11 730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1
12 730 ILCS 5/5-8-4from Ch. 38, par. 1005-8-4
13 730 ILCS 5/5-8-6from Ch. 38, par. 1005-8-6
14 730 ILCS 5/5-8A-2from Ch. 38, par. 1005-8A-2
15 730 ILCS 5/5-8A-4from Ch. 38, par. 1005-8A-4
16 730 ILCS 5/5-8A-4.1
17 730 ILCS 5/5-6-3.8 rep.
18 730 ILCS 5/5-8A-4.15 rep.
19 730 ILCS 110/18
20 730 ILCS 125/5from Ch. 75, par. 105
21 730 ILCS 130/3from Ch. 75, par. 32
22 730 ILCS 167/20
23 730 ILCS 168/20
24 735 ILCS 5/10-106from Ch. 110, par. 10-106
25 735 ILCS 5/10-125from Ch. 110, par. 10-125
26 735 ILCS 5/10-127from Ch. 110, par. 10-127

HB4697- 779 -LRB103 35722 RLC 65802 b
1 735 ILCS 5/10-135from Ch. 110, par. 10-135
2 735 ILCS 5/10-136from Ch. 110, par. 10-136
3 735 ILCS 5/21-103
4 740 ILCS 22/220
5 750 ILCS 60/223from Ch. 40, par. 2312-23
6 750 ILCS 60/301from Ch. 40, par. 2313-1
7 765 ILCS 1045/11from Ch. 140, par. 111
8 775 ILCS 40/50
9 820 ILCS 405/602from Ch. 48, par. 432
10 730 ILCS 5/3-6-7.1 rep.
11 730 ILCS 5/3-6-7.2 rep.
12 730 ILCS 5/3-6-7.3 rep.
13 730 ILCS 5/3-6-7.4 rep.
14 730 ILCS 125/17.6 rep.
15 730 ILCS 125/17.7 rep.
16 730 ILCS 125/17.8 rep.
17 730 ILCS 125/17.9 rep.
18 5 ILCS 120/2from Ch. 102, par. 42
19 5 ILCS 140/7
20 5 ILCS 140/7.5
21 5 ILCS 350/1from Ch. 127, par. 1301
22 20 ILCS 415/4cfrom Ch. 127, par. 63b104c
23 20 ILCS 2605/2605-50was 20 ILCS 2605/55a-6
24 20 ILCS 2610/3from Ch. 121, par. 307.3
25 20 ILCS 2610/6from Ch. 121, par. 307.6
26 20 ILCS 2610/8from Ch. 121, par. 307.8

HB4697- 780 -LRB103 35722 RLC 65802 b
1 20 ILCS 2610/9from Ch. 121, par. 307.9
2 20 ILCS 2610/6.5 rep.
3 20 ILCS 2610/11.5 rep.
4 20 ILCS 2610/11.6 rep.
5 20 ILCS 2610/12.6 rep.
6 20 ILCS 2610/12.7 rep.
7 20 ILCS 2610/40.1 rep.
8 20 ILCS 2610/46 rep.
9 50 ILCS 705/2from Ch. 85, par. 502
10 50 ILCS 705/3from Ch. 85, par. 503
11 50 ILCS 705/6from Ch. 85, par. 506
12 50 ILCS 705/6.1
13 50 ILCS 705/7
14 50 ILCS 705/7.5
15 50 ILCS 705/8from Ch. 85, par. 508
16 50 ILCS 705/8.1from Ch. 85, par. 508.1
17 50 ILCS 705/8.2
18 50 ILCS 705/9from Ch. 85, par. 509
19 50 ILCS 705/10from Ch. 85, par. 510
20 50 ILCS 705/10.1from Ch. 85, par. 510.1
21 50 ILCS 705/10.2
22 50 ILCS 705/10.3
23 50 ILCS 705/10.5-1 new
24 50 ILCS 705/10.11
25 50 ILCS 705/10.18
26 50 ILCS 705/10.19

HB4697- 781 -LRB103 35722 RLC 65802 b