HB3443 Enrolled LRB102 12812 KMF 18153 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 3. The Illinois Public Labor Relations Act is
5		amended by changing Section 14 as follows:
6		(5 ILCS 315/14) (from Ch. 48, par. 1614)
7		(Text of Section before amendment by P.A. 101-652)
8		Sec. 14. Security employee, peace officer and fire fighter
9		disputes.
10		(a) In the case of collective bargaining agreements
11		involving units of security employees of a public employer,
12		Peace Officer Units, or units of fire fighters or paramedics,
13		and in the case of disputes under Section 18, unless the
14		parties mutually agree to some other time limit, mediation
15		shall commence 30 days prior to the expiration date of such
16		agreement or at such later time as the mediation services
17		chosen under subsection (b) of Section 12 can be provided to
18		the parties. In the case of negotiations for an initial
19		collective bargaining agreement, mediation shall commence upon
20		15 days notice from either party or at such later time as the
21		mediation services chosen pursuant to subsection (b) of
22		Section 12 can be provided to the parties. In mediation under
23		this Section, if either party requests the use of mediation

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1		services from the Federal Mediation and Conciliation Service,
2		the other party shall either join in such request or bear the
3		additional cost of mediation services from another source. The
4		mediator shall have a duty to keep the Board informed on the
5		progress of the mediation. If any dispute has not been
6		resolved within 15 days after the first meeting of the parties
7		and the mediator, or within such other time limit as may be
8		mutually agreed upon by the parties, either the exclusive
9		representative or employer may request of the other, in
10		writing, arbitration, and shall submit a copy of the request
11		to the Board.
12		(b) Within 10 days after such a request for arbitration
13		has been made, the employer shall choose a delegate and the
14		employees' exclusive representative shall choose a delegate to
15		a panel of arbitration as provided in this Section. The
16		employer and employees shall forthwith advise the other and
17		the Board of their selections.
18		(c) Within 7 days after the request of either party, the
19		parties shall request a panel of impartial arbitrators from
20		which they shall select the neutral chairman according to the
21		procedures provided in this Section. If the parties have
22		agreed to a contract that contains a grievance resolution
23		procedure as provided in Section 8, the chairman shall be
24		selected using their agreed contract procedure unless they
25		mutually agree to another procedure. If the parties fail to
26		notify the Board of their selection of neutral chairman within

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1		7 days after receipt of the list of impartial arbitrators, the
2		Board shall appoint, at random, a neutral chairman from the
3		list. In the absence of an agreed contract procedure for
4		selecting an impartial arbitrator, either party may request a
5		panel from the Board. Within 7 days of the request of either
6		party, the Board shall select from the Public Employees Labor
7		Mediation Roster 7 persons who are on the labor arbitration
8		panels of either the American Arbitration Association or the
9		Federal Mediation and Conciliation Service, or who are members
10		of the National Academy of Arbitrators, as nominees for
11		impartial arbitrator of the arbitration panel. The parties may
12		select an individual on the list provided by the Board or any
13		other individual mutually agreed upon by the parties. Within 7
14		days following the receipt of the list, the parties shall
15		notify the Board of the person they have selected. Unless the
16		parties agree on an alternate selection procedure, they shall
17		alternatively strike one name from the list provided by the
18		Board until only one name remains. A coin toss shall determine
19		which party shall strike the first name. If the parties fail to
20		notify the Board in a timely manner of their selection for
21		neutral chairman, the Board shall appoint a neutral chairman
22		from the Illinois Public Employees Mediation/Arbitration
23		Roster.
24		(d) The chairman shall call a hearing to begin within 15
25		days and give reasonable notice of the time and place of the
26		hearing. The hearing shall be held at the offices of the Board

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1		or at such other location as the Board deems appropriate. The
2		chairman shall preside over the hearing and shall take
3		testimony. Any oral or documentary evidence and other data
4		deemed relevant by the arbitration panel may be received in
5		evidence. The proceedings shall be informal. Technical rules
6		of evidence shall not apply and the competency of the evidence
7		shall not thereby be deemed impaired. A verbatim record of the
8		proceedings shall be made and the arbitrator shall arrange for
9		the necessary recording service. Transcripts may be ordered at
10		the expense of the party ordering them, but the transcripts
11		shall not be necessary for a decision by the arbitration
12		panel. The expense of the proceedings, including a fee for the
13		chairman, shall be borne equally by each of the parties to the
14		dispute. The delegates, if public officers or employees, shall
15		continue on the payroll of the public employer without loss of
16		pay. The hearing conducted by the arbitration panel may be
17		adjourned from time to time, but unless otherwise agreed by
18		the parties, shall be concluded within 30 days of the time of
19		its commencement. Majority actions and rulings shall
20		constitute the actions and rulings of the arbitration panel.
21		Arbitration proceedings under this Section shall not be
22		interrupted or terminated by reason of any unfair labor
23		practice charge filed by either party at any time.
24		(e) The arbitration panel may administer oaths, require
25		the attendance of witnesses, and the production of such books,
26		papers, contracts, agreements and documents as may be deemed

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1		by it material to a just determination of the issues in
2		dispute, and for such purpose may issue subpoenas. If any
3		person refuses to obey a subpoena, or refuses to be sworn or to
4		testify, or if any witness, party or attorney is guilty of any
5		contempt while in attendance at any hearing, the arbitration
6		panel may, or the attorney general if requested shall, invoke
7		the aid of any circuit court within the jurisdiction in which
8		the hearing is being held, which court shall issue an
9		appropriate order. Any failure to obey the order may be
10		punished by the court as contempt.
11		(f) At any time before the rendering of an award, the
12		chairman of the arbitration panel, if he is of the opinion that
13		it would be useful or beneficial to do so, may remand the
14		dispute to the parties for further collective bargaining for a
15		period not to exceed 2 weeks. If the dispute is remanded for
16		further collective bargaining the time provisions of this Act
17		shall be extended for a time period equal to that of the
18		remand. The chairman of the panel of arbitration shall notify
19		the Board of the remand.
20		(g) At or before the conclusion of the hearing held
21		pursuant to subsection (d), the arbitration panel shall
22		identify the economic issues in dispute, and direct each of
23		the parties to submit, within such time limit as the panel
24		shall prescribe, to the arbitration panel and to each other
25		its last offer of settlement on each economic issue. The
26		determination of the arbitration panel as to the issues in

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1		dispute and as to which of these issues are economic shall be
2		conclusive. The arbitration panel, within 30 days after the
3		conclusion of the hearing, or such further additional periods
4		to which the parties may agree, shall make written findings of
5		fact and promulgate a written opinion and shall mail or
6		otherwise deliver a true copy thereof to the parties and their
7		representatives and to the Board. As to each economic issue,
8		the arbitration panel shall adopt the last offer of settlement
9		which, in the opinion of the arbitration panel, more nearly
10		complies with the applicable factors prescribed in subsection
11		(h). The findings, opinions and order as to all other issues
12		shall be based upon the applicable factors prescribed in
13		subsection (h).
14		(h) Where there is no agreement between the parties, or
15		where there is an agreement but the parties have begun
16		negotiations or discussions looking to a new agreement or
17		amendment of the existing agreement, and wage rates or other
18		conditions of employment under the proposed new or amended
19		agreement are in dispute, the arbitration panel shall base its
20		findings, opinions and order upon the following factors, as
21		applicable:
22		(1) The lawful authority of the employer.
23		(2) Stipulations of the parties.
24		(3) The interests and welfare of the public and the
25		financial ability of the unit of government to meet those
26		costs.

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1		(4) Comparison of the wages, hours and conditions of
2		employment of the employees involved in the arbitration
3		proceeding with the wages, hours and conditions of
4		employment of other employees performing similar services
5		and with other employees generally:
6		(A) In public employment in comparable
7		communities.
8		(B) In private employment in comparable
9		communities.
10		(5) The average consumer prices for goods and
11		services, commonly known as the cost of living.
12		(6) The overall compensation presently received by the
13		employees, including direct wage compensation, vacations,
14		holidays and other excused time, insurance and pensions,
15		medical and hospitalization benefits, the continuity and
16		stability of employment and all other benefits received.
17		(7) Changes in any of the foregoing circumstances
18		during the pendency of the arbitration proceedings.
19		(8) Such other factors, not confined to the foregoing,
20		which are normally or traditionally taken into
21		consideration in the determination of wages, hours and
22		conditions of employment through voluntary collective
23		bargaining, mediation, fact-finding, arbitration or
24		otherwise between the parties, in the public service or in
25		private employment.
26		(i) In the case of peace officers, the arbitration

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

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1		residency requirements shall not allow residency outside of
2		Illinois) and shall not include the following matters: i)
3		residency requirements in municipalities with a population of
4		at least 1,000,000; ii) the type of equipment (other than
5		uniforms and fire fighter turnout gear) issued or used; iii)
6		the total number of employees employed by the department; iv)
7		mutual aid and assistance agreements to other units of
8		government; and v) the criterion pursuant to which force,
9		including deadly force, can be used; provided, however,
10		nothing herein shall preclude an arbitration decision
11		regarding equipment levels if such decision is based on a
12		finding that the equipment considerations in a specific work
13		assignment involve a serious risk to the safety of a fire
14		fighter beyond that which is inherent in the normal
15		performance of fire fighter duties. Limitation of the terms of
16		the arbitration decision pursuant to this subsection shall not
17		be construed to limit the facts upon which the decision may be
18		based, as set forth in subsection (h).
19		The changes to this subsection (i) made by Public Act
20		90-385 (relating to residency requirements) do not apply to
21		persons who are employed by a combined department that
22		performs both police and firefighting services; these persons
23		shall be governed by the provisions of this subsection (i)
24		relating to peace officers, as they existed before the
25		amendment by Public Act 90-385.
26		To preserve historical bargaining rights, this subsection

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1		shall not apply to any provision of a fire fighter collective
2		bargaining agreement in effect and applicable on the effective
3		date of this Act; provided, however, nothing herein shall
4		preclude arbitration with respect to any such provision.
5		(j) Arbitration procedures shall be deemed to be initiated
6		by the filing of a letter requesting mediation as required
7		under subsection (a) of this Section. The commencement of a
8		new municipal fiscal year after the initiation of arbitration
9		procedures under this Act, but before the arbitration
10		decision, or its enforcement, shall not be deemed to render a
11		dispute moot, or to otherwise impair the jurisdiction or
12		authority of the arbitration panel or its decision. Increases
13		in rates of compensation awarded by the arbitration panel may
14		be effective only at the start of the fiscal year next
15		commencing after the date of the arbitration award. If a new
16		fiscal year has commenced either since the initiation of
17		arbitration procedures under this Act or since any mutually
18		agreed extension of the statutorily required period of
19		mediation under this Act by the parties to the labor dispute
20		causing a delay in the initiation of arbitration, the
21		foregoing limitations shall be inapplicable, and such awarded
22		increases may be retroactive to the commencement of the fiscal
23		year, any other statute or charter provisions to the contrary,
24		notwithstanding. At any time the parties, by stipulation, may
25		amend or modify an award of arbitration.
26		(k) Orders of the arbitration panel shall be reviewable,

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1		upon appropriate petition by either the public employer or the
2		exclusive bargaining representative, by the circuit court for
3		the county in which the dispute arose or in which a majority of
4		the affected employees reside, but only for reasons that the
5		arbitration panel was without or exceeded its statutory
6		authority; the order is arbitrary, or capricious; or the order
7		was procured by fraud, collusion or other similar and unlawful
8		means. Such petitions for review must be filed with the
9		appropriate circuit court within 90 days following the
10		issuance of the arbitration order. The pendency of such
11		proceeding for review shall not automatically stay the order
12		of the arbitration panel. The party against whom the final
13		decision of any such court shall be adverse, if such court
14		finds such appeal or petition to be frivolous, shall pay
15		reasonable attorneys' fees and costs to the successful party
16		as determined by said court in its discretion. If said court's
17		decision affirms the award of money, such award, if
18		retroactive, shall bear interest at the rate of 12 percent per
19		annum from the effective retroactive date.
20		(l) During the pendency of proceedings before the
21		arbitration panel, existing wages, hours, and other conditions
22		of employment shall not be changed by action of either party
23		without the consent of the other but a party may so consent
24		without prejudice to his rights or position under this Act.
25		The proceedings are deemed to be pending before the
26		arbitration panel upon the initiation of arbitration

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1		procedures under this Act.
2		(m) Security officers of public employers, and Peace
3		Officers, Fire Fighters and fire department and fire
4		protection district paramedics, covered by this Section may
5		not withhold services, nor may public employers lock out or
6		prevent such employees from performing services at any time.
7		(n) All of the terms decided upon by the arbitration panel
8		shall be included in an agreement to be submitted to the public
9		employer's governing body for ratification and adoption by
10		law, ordinance or the equivalent appropriate means.
11		The governing body shall review each term decided by the
12		arbitration panel. If the governing body fails to reject one
13		or more terms of the arbitration panel's decision by a 3/5 vote
14		of those duly elected and qualified members of the governing
15		body, within 20 days of issuance, or in the case of
16		firefighters employed by a state university, at the next
17		regularly scheduled meeting of the governing body after
18		issuance, such term or terms shall become a part of the
19		collective bargaining agreement of the parties. If the
20		governing body affirmatively rejects one or more terms of the
21		arbitration panel's decision, it must provide reasons for such
22		rejection with respect to each term so rejected, within 20
23		days of such rejection and the parties shall return to the
24		arbitration panel for further proceedings and issuance of a
25		supplemental decision with respect to the rejected terms. Any
26		supplemental decision by an arbitration panel or other

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1		decision maker agreed to by the parties shall be submitted to
2		the governing body for ratification and adoption in accordance
3		with the procedures and voting requirements set forth in this
4		Section. The voting requirements of this subsection shall
5		apply to all disputes submitted to arbitration pursuant to
6		this Section notwithstanding any contrary voting requirements
7		contained in any existing collective bargaining agreement
8		between the parties.
9		(o) If the governing body of the employer votes to reject
10		the panel's decision, the parties shall return to the panel
11		within 30 days from the issuance of the reasons for rejection
12		for further proceedings and issuance of a supplemental
13		decision. All reasonable costs of such supplemental proceeding
14		including the exclusive representative's reasonable attorney's
15		fees, as established by the Board, shall be paid by the
16		employer.
17		(p) Notwithstanding the provisions of this Section the
18		employer and exclusive representative may agree to submit
19		unresolved disputes concerning wages, hours, terms and
20		conditions of employment to an alternative form of impasse
21		resolution.
22		(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
23		(Text of Section after amendment by P.A. 101-652)
24		Sec. 14. Security employee, peace officer and fire fighter
25		disputes.

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

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

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

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

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

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

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1		employees, including direct wage compensation, vacations,
2		holidays and other excused time, insurance and pensions,
3		medical and hospitalization benefits, the continuity and
4		stability of employment and all other benefits received.
5		(7) Changes in any of the foregoing circumstances
6		during the pendency of the arbitration proceedings.
7		(8) Such other factors, not confined to the foregoing,
8		which are normally or traditionally taken into
9		consideration in the determination of wages, hours and
10		conditions of employment through voluntary collective
11		bargaining, mediation, fact-finding, arbitration or
12		otherwise between the parties, in the public service or in
13		private employment.
14		(i) In the case of peace officers, the arbitration
15		decision shall be limited to wages, hours, and conditions of
16		employment (which may include residency requirements in
17		municipalities with a population under 100,000, but those
18		residency requirements shall not allow residency outside of
19		Illinois) and shall not include the following: i) residency
20		requirements in municipalities with a population of at least
21		100,000; ii) the type of equipment, other than uniforms,
22		issued or used; iii) manning; iv) the total number of
23		employees employed by the department; v) mutual aid and
24		assistance agreements to other units of government; and vi)
25		the criterion pursuant to which force, including deadly force,
26		can be used; provided, nothing herein shall preclude an

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

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

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

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

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1		or more terms of the arbitration panel's decision by a 3/5 vote
2		of those duly elected and qualified members of the governing
3		body, within 20 days of issuance, or in the case of
4		firefighters employed by a state university, at the next
5		regularly scheduled meeting of the governing body after
6		issuance, such term or terms shall become a part of the
7		collective bargaining agreement of the parties. If the
8		governing body affirmatively rejects one or more terms of the
9		arbitration panel's decision, it must provide reasons for such
10		rejection with respect to each term so rejected, within 20
11		days of such rejection and the parties shall return to the
12		arbitration panel for further proceedings and issuance of a
13		supplemental decision with respect to the rejected terms. Any
14		supplemental decision by an arbitration panel or other
15		decision maker agreed to by the parties shall be submitted to
16		the governing body for ratification and adoption in accordance
17		with the procedures and voting requirements set forth in this
18		Section. The voting requirements of this subsection shall
19		apply to all disputes submitted to arbitration pursuant to
20		this Section notwithstanding any contrary voting requirements
21		contained in any existing collective bargaining agreement
22		between the parties.
23		(o) If the governing body of the employer votes to reject
24		the panel's decision, the parties shall return to the panel
25		within 30 days from the issuance of the reasons for rejection
26		for further proceedings and issuance of a supplemental

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1		decision. All reasonable costs of such supplemental proceeding
2		including the exclusive representative's reasonable attorney's
3		fees, as established by the Board, shall be paid by the
4		employer.
5		(p) Notwithstanding the provisions of this Section the
6		employer and exclusive representative may agree to submit
7		unresolved disputes concerning wages, hours, terms and
8		conditions of employment to an alternative form of impasse
9		resolution.
10		The amendatory changes to this Section made by Public Act
11		101-652 take effect July 1, 2022.
12		(Source: P.A. 101-652, eff. 7-1-21.)
13		Section 5. The State Police Act is amended by changing
14		Section 17c as follows:
15		(20 ILCS 2610/17c)
16		Sec. 17c. Military equipment surplus program.
17		(a) For purposes of this Section:
18		"Bayonet" means a large knife designed to be attached to
19		the muzzle of a rifle, shotgun, or long gun for the purpose of
20		hand-to-hand combat.
21		"Grenade launcher" means a firearm or firearm accessory
22		used designed to launch fragmentary small explosive rounds
23		designed to inflict death or cause great bodily harm
24		projectiles.

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1		"Military equipment surplus program" means any federal or
2		State program allowing a law enforcement agency to obtain
3		surplus military equipment including, but not limit to, any
4		program organized under Section 1122 of the National Defense
5		Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
6		Section 1033 of the National Defense Authorization Act for
7		Fiscal Year 1997 (Pub. L. 104-201), or any program established
8		under 10 U.S.C. 2576a.
9		"Tracked armored vehicle" means a vehicle that provides
10		ballistic protection to its occupants and utilizes a tracked
11		system instead installed of wheels for forward motion, not
12		including vehicles listed in the Authorized Equipment List as
13		published by the Federal Emergency Management Agency.
14		"Weaponized aircraft, vessel, or vehicle" means any
15		aircraft, vessel, or vehicle with weapons installed.
16		(b) The Illinois State Police shall not request or receive
17		from any military equipment surplus program nor purchase or
18		otherwise utilize the following equipment:
19		(1) tracked armored vehicles;
20		(2) weaponized aircraft, vessels, or vehicles;
21		(3) firearms of .50-caliber or higher;
22		(4) ammunition of .50-caliber or higher;
23		(5) grenade launchers; or
24		(6) bayonets.
25		(c) If the Illinois State Police request other property
26		not prohibited by this Section from a military equipment

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1		surplus program, the Illinois State Police shall publish
2		notice of the request on a publicly accessible website
3		maintained by the Illinois State Police within 14 days after
4		the request.
5		(Source: P.A. 101-652, eff. 7-1-21.)
6		Section 10. The Task Force on Constitutional Rights and
7		Remedies Act is amended by changing Sections 4-10 and 4-15 as
8		follows:
9		(20 ILCS 5165/4-10)
10		(This Section may contain text from a Public Act with a
11		delayed effective date)
12		(Section scheduled to be repealed on January 1, 2022)
13		Sec. 4-10. Task Force Members.
14		(a) The Task Force on Constitutional Rights and Remedies
15		shall be comprised of the following members:
16		(1) The president of statewide association
17		representing trial lawyers or his or her designee, the
18		executive director of a statewide association advocating
19		for the advancement of civil liberties or his or her
20		designee, a representative representing statewide labor,
21		all appointed by the Governor.
22		(2) Four members of the public appointed, one
23		appointed by each the Speaker of the House of
24		Representatives, Minority Leader of the House of

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1		Representatives, Minority Leader of the House of
2		Representatives, President of the Senate, Minority Leader
3		of the Senate.
4		(3) The president of a statewide bar association or
5		his or her designee, the executive director of a statewide
6		association representing county sheriffs or his or her
7		designee, the executive director of a statewide
8		association representing chiefs of police or his or her
9		designee, a representative of the Chicago Police
10		Department, all appointed by the Governor.
11		(4) The Director of the Illinois State Police or his
12		or her designee.
13		(5) The Attorney General, or his or her designee.
14		(6) A retired judge appointed by the Governor.
15		(7) one State Representative, appointed by the Speaker
16		of the House of Representatives; one State Representative,
17		appointed by the Minority Leader of the House of
18		Representatives; one State Senator, appointed by the
19		President of the Senate; one State Senator, appointed by
20		the Minority Leader of the Senate.
21		(b) The members of the Task Force shall serve without
22		compensation.
23		(c) The Illinois Criminal Justice Information Authority
24		shall provide administrative and technical support to the Task
25		Force and be responsible for administering its operations,
26		appointing a chairperson, and ensuring that the requirements

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1		of the Task Force are met. The President of the Senate and the
2		Speaker of the House of Representatives shall appoint
3		co-chairpersons for the Task Force. The Task Force shall have
4		all appointments made within 30 days of the effective date of
5		this amendatory Act of the 101st General Assembly.
6		(Source: P.A. 101-652, eff. 7-1-21.)
7		(20 ILCS 5165/4-15)
8		(This Section may contain text from a Public Act with a
9		delayed effective date)
10		(Section scheduled to be repealed on January 1, 2022)
11		Sec. 4-15. Meetings; report.
12		(a) The Task Force shall meet at least 3 times with the
13		first meeting occurring within 60 days after the effective
14		date of this amendatory Act of the 101st General Assembly.
15		(b) The Task Force shall review available research, best
16		practices, and effective interventions to formulate
17		recommendations.
18		(c) The Task Force shall produce a report detailing the
19		Task Force's findings and recommendations and needed
20		resources. The Task Force shall submit a report of its
21		findings and recommendations to the General Assembly and the
22		Governor by October 31 May 1, 2021.
23		(Source: P.A. 101-652, eff. 7-1-21.)
24		Section 15. The Illinois Police Training Act is amended by

HB3443 Enrolled - 31 - LRB102 12812 KMF 18153 b
1		changing Sections 7, 8.1, 10.6, and 10.17 as follows:
2		(50 ILCS 705/7) (from Ch. 85, par. 507)
3		(Text of Section before amendment by P.A. 101-652)
4		Sec. 7. Rules and standards for schools. The Board shall
5		adopt rules and minimum standards for such schools which shall
6		include, but not be limited to, the following:
7		a. The curriculum for probationary police officers
8		which shall be offered by all certified schools shall
9		include, but not be limited to, courses of procedural
10		justice, arrest and use and control tactics, search and
11		seizure, including temporary questioning, civil rights,
12		human rights, human relations, cultural competency,
13		including implicit bias and racial and ethnic sensitivity,
14		criminal law, law of criminal procedure, constitutional
15		and proper use of law enforcement authority, vehicle and
16		traffic law including uniform and non-discriminatory
17		enforcement of the Illinois Vehicle Code, traffic control
18		and accident investigation, techniques of obtaining
19		physical evidence, court testimonies, statements, reports,
20		firearms training, training in the use of electronic
21		control devices, including the psychological and
22		physiological effects of the use of those devices on
23		humans, first-aid (including cardiopulmonary
24		resuscitation), training in the administration of opioid
25		antagonists as defined in paragraph (1) of subsection (e)

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1		of Section 5-23 of the Substance Use Disorder Act,
2		handling of juvenile offenders, recognition of mental
3		conditions and crises, including, but not limited to, the
4		disease of addiction, which require immediate assistance
5		and response and methods to safeguard and provide
6		assistance to a person in need of mental treatment,
7		recognition of abuse, neglect, financial exploitation, and
8		self-neglect of adults with disabilities and older adults,
9		as defined in Section 2 of the Adult Protective Services
10		Act, crimes against the elderly, law of evidence, the
11		hazards of high-speed police vehicle chases with an
12		emphasis on alternatives to the high-speed chase, and
13		physical training. The curriculum shall include specific
14		training in techniques for immediate response to and
15		investigation of cases of domestic violence and of sexual
16		assault of adults and children, including cultural
17		perceptions and common myths of sexual assault and sexual
18		abuse as well as interview techniques that are age
19		sensitive and are trauma informed, victim centered, and
20		victim sensitive. The curriculum shall include training in
21		techniques designed to promote effective communication at
22		the initial contact with crime victims and ways to
23		comprehensively explain to victims and witnesses their
24		rights under the Rights of Crime Victims and Witnesses Act
25		and the Crime Victims Compensation Act. The curriculum
26		shall also include training in effective recognition of

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1		and responses to stress, trauma, and post-traumatic stress
2		experienced by police officers that is consistent with
3		Section 25 of the Illinois Mental Health First Aid
4		Training Act in a peer setting, including recognizing
5		signs and symptoms of work-related cumulative stress,
6		issues that may lead to suicide, and solutions for
7		intervention with peer support resources. The curriculum
8		shall include a block of instruction addressing the
9		mandatory reporting requirements under the Abused and
10		Neglected Child Reporting Act. The curriculum shall also
11		include a block of instruction aimed at identifying and
12		interacting with persons with autism and other
13		developmental or physical disabilities, reducing barriers
14		to reporting crimes against persons with autism, and
15		addressing the unique challenges presented by cases
16		involving victims or witnesses with autism and other
17		developmental disabilities. The curriculum shall include
18		training in the detection and investigation of all forms
19		of human trafficking. The curriculum shall also include
20		instruction in trauma-informed responses designed to
21		ensure the physical safety and well-being of a child of an
22		arrested parent or immediate family member; this
23		instruction must include, but is not limited to: (1)
24		understanding the trauma experienced by the child while
25		maintaining the integrity of the arrest and safety of
26		officers, suspects, and other involved individuals; (2)

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1		de-escalation tactics that would include the use of force
2		when reasonably necessary; and (3) inquiring whether a
3		child will require supervision and care. The curriculum
4		for permanent police officers shall include, but not be
5		limited to: (1) refresher and in-service training in any
6		of the courses listed above in this subparagraph, (2)
7		advanced courses in any of the subjects listed above in
8		this subparagraph, (3) training for supervisory personnel,
9		and (4) specialized training in subjects and fields to be
10		selected by the board. The training in the use of
11		electronic control devices shall be conducted for
12		probationary police officers, including University police
13		officers.
14		b. Minimum courses of study, attendance requirements
15		and equipment requirements.
16		c. Minimum requirements for instructors.
17		d. Minimum basic training requirements, which a
18		probationary police officer must satisfactorily complete
19		before being eligible for permanent employment as a local
20		law enforcement officer for a participating local
21		governmental agency. Those requirements shall include
22		training in first aid (including cardiopulmonary
23		resuscitation).
24		e. Minimum basic training requirements, which a
25		probationary county corrections officer must
26		satisfactorily complete before being eligible for

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1		permanent employment as a county corrections officer for a
2		participating local governmental agency.
3		f. Minimum basic training requirements which a
4		probationary court security officer must satisfactorily
5		complete before being eligible for permanent employment as
6		a court security officer for a participating local
7		governmental agency. The Board shall establish those
8		training requirements which it considers appropriate for
9		court security officers and shall certify schools to
10		conduct that training.
11		A person hired to serve as a court security officer
12		must obtain from the Board a certificate (i) attesting to
13		his or her successful completion of the training course;
14		(ii) attesting to his or her satisfactory completion of a
15		training program of similar content and number of hours
16		that has been found acceptable by the Board under the
17		provisions of this Act; or (iii) attesting to the Board's
18		determination that the training course is unnecessary
19		because of the person's extensive prior law enforcement
20		experience.
21		Individuals who currently serve as court security
22		officers shall be deemed qualified to continue to serve in
23		that capacity so long as they are certified as provided by
24		this Act within 24 months of June 1, 1997 (the effective
25		date of Public Act 89-685). Failure to be so certified,
26		absent a waiver from the Board, shall cause the officer to

HB3443 Enrolled - 36 - LRB102 12812 KMF 18153 b
1		forfeit his or her position.
2		All individuals hired as court security officers on or
3		after June 1, 1997 (the effective date of Public Act
4		89-685) shall be certified within 12 months of the date of
5		their hire, unless a waiver has been obtained by the
6		Board, or they shall forfeit their positions.
7		The Sheriff's Merit Commission, if one exists, or the
8		Sheriff's Office if there is no Sheriff's Merit
9		Commission, shall maintain a list of all individuals who
10		have filed applications to become court security officers
11		and who meet the eligibility requirements established
12		under this Act. Either the Sheriff's Merit Commission, or
13		the Sheriff's Office if no Sheriff's Merit Commission
14		exists, shall establish a schedule of reasonable intervals
15		for verification of the applicants' qualifications under
16		this Act and as established by the Board.
17		g. Minimum in-service training requirements, which a
18		police officer must satisfactorily complete every 3 years.
19		Those requirements shall include constitutional and proper
20		use of law enforcement authority, procedural justice,
21		civil rights, human rights, mental health awareness and
22		response, officer wellness, reporting child abuse and
23		neglect, and cultural competency.
24		h. Minimum in-service training requirements, which a
25		police officer must satisfactorily complete at least
26		annually. Those requirements shall include law updates and

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1		use of force training which shall include scenario based
2		training, or similar training approved by the Board.
3		(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
4		100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
5		1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
6		eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
7		101-564, eff. 1-1-20; revised 9-10-19.)
8		(Text of Section after amendment by P.A. 101-652, Article
9		10, Section 10-143 but before amendment by P.A. 101-652,
10		Article 25, Section 25-40)
11		Sec. 7. Rules and standards for schools. The Board shall
12		adopt rules and minimum standards for such schools which shall
13		include, but not be limited to, the following:
14		a. The curriculum for probationary police officers
15		which shall be offered by all certified schools shall
16		include, but not be limited to, courses of procedural
17		justice, arrest and use and control tactics, search and
18		seizure, including temporary questioning, civil rights,
19		human rights, human relations, cultural competency,
20		including implicit bias and racial and ethnic sensitivity,
21		criminal law, law of criminal procedure, constitutional
22		and proper use of law enforcement authority, crisis
23		intervention training, vehicle and traffic law including
24		uniform and non-discriminatory enforcement of the Illinois
25		Vehicle Code, traffic control and accident investigation,

HB3443 Enrolled - 38 - LRB102 12812 KMF 18153 b
1		techniques of obtaining physical evidence, court
2		testimonies, statements, reports, firearms training,
3		training in the use of electronic control devices,
4		including the psychological and physiological effects of
5		the use of those devices on humans, first-aid (including
6		cardiopulmonary resuscitation), training in the
7		administration of opioid antagonists as defined in
8		paragraph (1) of subsection (e) of Section 5-23 of the
9		Substance Use Disorder Act, handling of juvenile
10		offenders, recognition of mental conditions and crises,
11		including, but not limited to, the disease of addiction,
12		which require immediate assistance and response and
13		methods to safeguard and provide assistance to a person in
14		need of mental treatment, recognition of abuse, neglect,
15		financial exploitation, and self-neglect of adults with
16		disabilities and older adults, as defined in Section 2 of
17		the Adult Protective Services Act, crimes against the
18		elderly, law of evidence, the hazards of high-speed police
19		vehicle chases with an emphasis on alternatives to the
20		high-speed chase, and physical training. The curriculum
21		shall include specific training in techniques for
22		immediate response to and investigation of cases of
23		domestic violence and of sexual assault of adults and
24		children, including cultural perceptions and common myths
25		of sexual assault and sexual abuse as well as interview
26		techniques that are age sensitive and are trauma informed,

HB3443 Enrolled - 39 - LRB102 12812 KMF 18153 b
1		victim centered, and victim sensitive. The curriculum
2		shall include training in techniques designed to promote
3		effective communication at the initial contact with crime
4		victims and ways to comprehensively explain to victims and
5		witnesses their rights under the Rights of Crime Victims
6		and Witnesses Act and the Crime Victims Compensation Act.
7		The curriculum shall also include training in effective
8		recognition of and responses to stress, trauma, and
9		post-traumatic stress experienced by police officers that
10		is consistent with Section 25 of the Illinois Mental
11		Health First Aid Training Act in a peer setting, including
12		recognizing signs and symptoms of work-related cumulative
13		stress, issues that may lead to suicide, and solutions for
14		intervention with peer support resources. The curriculum
15		shall include a block of instruction addressing the
16		mandatory reporting requirements under the Abused and
17		Neglected Child Reporting Act. The curriculum shall also
18		include a block of instruction aimed at identifying and
19		interacting with persons with autism and other
20		developmental or physical disabilities, reducing barriers
21		to reporting crimes against persons with autism, and
22		addressing the unique challenges presented by cases
23		involving victims or witnesses with autism and other
24		developmental disabilities. The curriculum shall include
25		training in the detection and investigation of all forms
26		of human trafficking. The curriculum shall also include

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1		instruction in trauma-informed responses designed to
2		ensure the physical safety and well-being of a child of an
3		arrested parent or immediate family member; this
4		instruction must include, but is not limited to: (1)
5		understanding the trauma experienced by the child while
6		maintaining the integrity of the arrest and safety of
7		officers, suspects, and other involved individuals; (2)
8		de-escalation tactics that would include the use of force
9		when reasonably necessary; and (3) inquiring whether a
10		child will require supervision and care. The curriculum
11		for probationary police officers shall include: (1) at
12		least 12 hours of hands-on, scenario-based role-playing;
13		(2) at least 6 hours of instruction on use of force
14		techniques, including the use of de-escalation techniques
15		to prevent or reduce the need for force whenever safe and
16		feasible; (3) specific training on officer safety
17		techniques, including cover, concealment, and time; and
18		(4) at least 6 hours of training focused on high-risk
19		traffic stops. The curriculum for permanent police
20		officers shall include, but not be limited to: (1)
21		refresher and in-service training in any of the courses
22		listed above in this subparagraph, (2) advanced courses in
23		any of the subjects listed above in this subparagraph, (3)
24		training for supervisory personnel, and (4) specialized
25		training in subjects and fields to be selected by the
26		board. The training in the use of electronic control

HB3443 Enrolled - 41 - LRB102 12812 KMF 18153 b
1		devices shall be conducted for probationary police
2		officers, including University police officers.
3		b. Minimum courses of study, attendance requirements
4		and equipment requirements.
5		c. Minimum requirements for instructors.
6		d. Minimum basic training requirements, which a
7		probationary police officer must satisfactorily complete
8		before being eligible for permanent employment as a local
9		law enforcement officer for a participating local
10		governmental agency. Those requirements shall include
11		training in first aid (including cardiopulmonary
12		resuscitation).
13		e. Minimum basic training requirements, which a
14		probationary county corrections officer must
15		satisfactorily complete before being eligible for
16		permanent employment as a county corrections officer for a
17		participating local governmental agency.
18		f. Minimum basic training requirements which a
19		probationary court security officer must satisfactorily
20		complete before being eligible for permanent employment as
21		a court security officer for a participating local
22		governmental agency. The Board shall establish those
23		training requirements which it considers appropriate for
24		court security officers and shall certify schools to
25		conduct that training.
26		A person hired to serve as a court security officer

HB3443 Enrolled - 42 - LRB102 12812 KMF 18153 b
1		must obtain from the Board a certificate (i) attesting to
2		his or her successful completion of the training course;
3		(ii) attesting to his or her satisfactory completion of a
4		training program of similar content and number of hours
5		that has been found acceptable by the Board under the
6		provisions of this Act; or (iii) attesting to the Board's
7		determination that the training course is unnecessary
8		because of the person's extensive prior law enforcement
9		experience.
10		Individuals who currently serve as court security
11		officers shall be deemed qualified to continue to serve in
12		that capacity so long as they are certified as provided by
13		this Act within 24 months of June 1, 1997 (the effective
14		date of Public Act 89-685). Failure to be so certified,
15		absent a waiver from the Board, shall cause the officer to
16		forfeit his or her position.
17		All individuals hired as court security officers on or
18		after June 1, 1997 (the effective date of Public Act
19		89-685) shall be certified within 12 months of the date of
20		their hire, unless a waiver has been obtained by the
21		Board, or they shall forfeit their positions.
22		The Sheriff's Merit Commission, if one exists, or the
23		Sheriff's Office if there is no Sheriff's Merit
24		Commission, shall maintain a list of all individuals who
25		have filed applications to become court security officers
26		and who meet the eligibility requirements established

HB3443 Enrolled - 43 - LRB102 12812 KMF 18153 b
1		under this Act. Either the Sheriff's Merit Commission, or
2		the Sheriff's Office if no Sheriff's Merit Commission
3		exists, shall establish a schedule of reasonable intervals
4		for verification of the applicants' qualifications under
5		this Act and as established by the Board.
6		g. Minimum in-service training requirements, which a
7		police officer must satisfactorily complete every 3 years.
8		Those requirements shall include constitutional and proper
9		use of law enforcement authority, procedural justice,
10		civil rights, human rights, reporting child abuse and
11		neglect, and cultural competency, including implicit bias
12		and racial and ethnic sensitivity. These trainings shall
13		consist of at least 30 hours of training every 3 years.
14		h. Minimum in-service training requirements, which a
15		police officer must satisfactorily complete at least
16		annually. Those requirements shall include law updates,
17		emergency medical response training and certification,
18		crisis intervention training, and officer wellness and
19		mental health.
20		i. Minimum in-service training requirements as set
21		forth in Section 10.6.
22		The amendatory changes to this Section made by Public Act
23		101-652 shall take effect January 1, 2022.
24		(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
25		100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
26		1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,

HB3443 Enrolled - 44 - LRB102 12812 KMF 18153 b
1		eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
2		101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section
3		10-143, eff. 7-1-21.)
4		(Text of Section after amendment by P.A. 101-652, Article
5		25, Section 25-40)
6		Sec. 7. Rules and standards for schools. The Board shall
7		adopt rules and minimum standards for such schools which shall
8		include, but not be limited to, the following:
9		a. The curriculum for probationary law enforcement
10		officers which shall be offered by all certified schools
11		shall include, but not be limited to, courses of
12		procedural justice, arrest and use and control tactics,
13		search and seizure, including temporary questioning, civil
14		rights, human rights, human relations, cultural
15		competency, including implicit bias and racial and ethnic
16		sensitivity, criminal law, law of criminal procedure,
17		constitutional and proper use of law enforcement
18		authority, crisis intervention training, vehicle and
19		traffic law including uniform and non-discriminatory
20		enforcement of the Illinois Vehicle Code, traffic control
21		and accident investigation, techniques of obtaining
22		physical evidence, court testimonies, statements, reports,
23		firearms training, training in the use of electronic
24		control devices, including the psychological and
25		physiological effects of the use of those devices on

HB3443 Enrolled - 45 - LRB102 12812 KMF 18153 b
1		humans, first-aid (including cardiopulmonary
2		resuscitation), training in the administration of opioid
3		antagonists as defined in paragraph (1) of subsection (e)
4		of Section 5-23 of the Substance Use Disorder Act,
5		handling of juvenile offenders, recognition of mental
6		conditions and crises, including, but not limited to, the
7		disease of addiction, which require immediate assistance
8		and response and methods to safeguard and provide
9		assistance to a person in need of mental treatment,
10		recognition of abuse, neglect, financial exploitation, and
11		self-neglect of adults with disabilities and older adults,
12		as defined in Section 2 of the Adult Protective Services
13		Act, crimes against the elderly, law of evidence, the
14		hazards of high-speed police vehicle chases with an
15		emphasis on alternatives to the high-speed chase, and
16		physical training. The curriculum shall include specific
17		training in techniques for immediate response to and
18		investigation of cases of domestic violence and of sexual
19		assault of adults and children, including cultural
20		perceptions and common myths of sexual assault and sexual
21		abuse as well as interview techniques that are age
22		sensitive and are trauma informed, victim centered, and
23		victim sensitive. The curriculum shall include training in
24		techniques designed to promote effective communication at
25		the initial contact with crime victims and ways to
26		comprehensively explain to victims and witnesses their

HB3443 Enrolled - 46 - LRB102 12812 KMF 18153 b
1		rights under the Rights of Crime Victims and Witnesses Act
2		and the Crime Victims Compensation Act. The curriculum
3		shall also include training in effective recognition of
4		and responses to stress, trauma, and post-traumatic stress
5		experienced by law enforcement officers that is consistent
6		with Section 25 of the Illinois Mental Health First Aid
7		Training Act in a peer setting, including recognizing
8		signs and symptoms of work-related cumulative stress,
9		issues that may lead to suicide, and solutions for
10		intervention with peer support resources. The curriculum
11		shall include a block of instruction addressing the
12		mandatory reporting requirements under the Abused and
13		Neglected Child Reporting Act. The curriculum shall also
14		include a block of instruction aimed at identifying and
15		interacting with persons with autism and other
16		developmental or physical disabilities, reducing barriers
17		to reporting crimes against persons with autism, and
18		addressing the unique challenges presented by cases
19		involving victims or witnesses with autism and other
20		developmental disabilities. The curriculum shall include
21		training in the detection and investigation of all forms
22		of human trafficking. The curriculum shall also include
23		instruction in trauma-informed responses designed to
24		ensure the physical safety and well-being of a child of an
25		arrested parent or immediate family member; this
26		instruction must include, but is not limited to: (1)

HB3443 Enrolled - 47 - LRB102 12812 KMF 18153 b
1		understanding the trauma experienced by the child while
2		maintaining the integrity of the arrest and safety of
3		officers, suspects, and other involved individuals; (2)
4		de-escalation tactics that would include the use of force
5		when reasonably necessary; and (3) inquiring whether a
6		child will require supervision and care. The curriculum
7		for probationary law enforcement police officers shall
8		include: (1) at least 12 hours of hands-on, scenario-based
9		role-playing; (2) at least 6 hours of instruction on use
10		of force techniques, including the use of de-escalation
11		techniques to prevent or reduce the need for force
12		whenever safe and feasible; (3) specific training on
13		officer safety techniques, including cover, concealment,
14		and time; and (4) at least 6 hours of training focused on
15		high-risk traffic stops. The curriculum for permanent law
16		enforcement officers shall include, but not be limited to:
17		(1) refresher and in-service training in any of the
18		courses listed above in this subparagraph, (2) advanced
19		courses in any of the subjects listed above in this
20		subparagraph, (3) training for supervisory personnel, and
21		(4) specialized training in subjects and fields to be
22		selected by the board. The training in the use of
23		electronic control devices shall be conducted for
24		probationary law enforcement officers, including
25		University police officers.
26		b. Minimum courses of study, attendance requirements

HB3443 Enrolled - 48 - LRB102 12812 KMF 18153 b
1		and equipment requirements.
2		c. Minimum requirements for instructors.
3		d. Minimum basic training requirements, which a
4		probationary law enforcement officer must satisfactorily
5		complete before being eligible for permanent employment as
6		a local law enforcement officer for a participating local
7		governmental or State state governmental agency. Those
8		requirements shall include training in first aid
9		(including cardiopulmonary resuscitation).
10		e. Minimum basic training requirements, which a
11		probationary county corrections officer must
12		satisfactorily complete before being eligible for
13		permanent employment as a county corrections officer for a
14		participating local governmental agency.
15		f. Minimum basic training requirements which a
16		probationary court security officer must satisfactorily
17		complete before being eligible for permanent employment as
18		a court security officer for a participating local
19		governmental agency. The Board shall establish those
20		training requirements which it considers appropriate for
21		court security officers and shall certify schools to
22		conduct that training.
23		A person hired to serve as a court security officer
24		must obtain from the Board a certificate (i) attesting to
25		the officer's successful completion of the training
26		course; (ii) attesting to the officer's satisfactory

HB3443 Enrolled - 49 - LRB102 12812 KMF 18153 b
1		completion of a training program of similar content and
2		number of hours that has been found acceptable by the
3		Board under the provisions of this Act; or (iii) attesting
4		to the Board's determination that the training course is
5		unnecessary because of the person's extensive prior law
6		enforcement experience.
7		Individuals who currently serve as court security
8		officers shall be deemed qualified to continue to serve in
9		that capacity so long as they are certified as provided by
10		this Act within 24 months of June 1, 1997 (the effective
11		date of Public Act 89-685). Failure to be so certified,
12		absent a waiver from the Board, shall cause the officer to
13		forfeit his or her position.
14		All individuals hired as court security officers on or
15		after June 1, 1997 (the effective date of Public Act
16		89-685) shall be certified within 12 months of the date of
17		their hire, unless a waiver has been obtained by the
18		Board, or they shall forfeit their positions.
19		The Sheriff's Merit Commission, if one exists, or the
20		Sheriff's Office if there is no Sheriff's Merit
21		Commission, shall maintain a list of all individuals who
22		have filed applications to become court security officers
23		and who meet the eligibility requirements established
24		under this Act. Either the Sheriff's Merit Commission, or
25		the Sheriff's Office if no Sheriff's Merit Commission
26		exists, shall establish a schedule of reasonable intervals

HB3443 Enrolled - 50 - LRB102 12812 KMF 18153 b
1		for verification of the applicants' qualifications under
2		this Act and as established by the Board.
3		g. Minimum in-service training requirements, which a
4		law enforcement officer must satisfactorily complete every
5		3 years. Those requirements shall include constitutional
6		and proper use of law enforcement authority, procedural
7		justice, civil rights, human rights, reporting child abuse
8		and neglect, and cultural competency, including implicit
9		bias and racial and ethnic sensitivity. These trainings
10		shall consist of at least 30 hours of training every 3
11		years.
12		h. Minimum in-service training requirements, which a
13		law enforcement officer must satisfactorily complete at
14		least annually. Those requirements shall include law
15		updates, emergency medical response training and
16		certification, crisis intervention training, and officer
17		wellness and mental health.
18		i. Minimum in-service training requirements as set
19		forth in Section 10.6.
20		The amendatory changes to this Section made by Public Act
21		101-652 shall take effect January 1, 2022.
22		(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
23		100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
24		1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
25		eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
26		101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section

HB3443 Enrolled - 51 - LRB102 12812 KMF 18153 b
1		10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
2		1-1-22; revised 4-26-21.)
3		(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
4		(Text of Section before amendment by P.A. 101-652)
5		Sec. 8.1. Full-time police and county corrections
6		officers.
7		(a) After January 1, 1976, no person shall receive a
8		permanent appointment as a law enforcement officer as defined
9		in this Act nor shall any person receive, after the effective
10		date of this amendatory Act of 1984, a permanent appointment
11		as a county corrections officer unless that person has been
12		awarded, within 6 months of his or her initial full-time
13		employment, a certificate attesting to his or her successful
14		completion of the Minimum Standards Basic Law Enforcement and
15		County Correctional Training Course as prescribed by the
16		Board; or has been awarded a certificate attesting to his or
17		her satisfactory completion of a training program of similar
18		content and number of hours and which course has been found
19		acceptable by the Board under the provisions of this Act; or by
20		reason of extensive prior law enforcement or county
21		corrections experience the basic training requirement is
22		determined by the Board to be illogical and unreasonable.
23		If such training is required and not completed within the
24		applicable 6 months, then the officer must forfeit his or her
25		position, or the employing agency must obtain a waiver from

HB3443 Enrolled - 52 - LRB102 12812 KMF 18153 b
1		the Board extending the period for compliance. Such waiver
2		shall be issued only for good and justifiable reasons, and in
3		no case shall extend more than 90 days beyond the initial 6
4		months. Any hiring agency that fails to train a law
5		enforcement officer within this period shall be prohibited
6		from employing this individual in a law enforcement capacity
7		for one year from the date training was to be completed. If an
8		agency again fails to train the individual a second time, the
9		agency shall be permanently barred from employing this
10		individual in a law enforcement capacity.
11		(b) No provision of this Section shall be construed to
12		mean that a law enforcement officer employed by a local
13		governmental agency at the time of the effective date of this
14		amendatory Act, either as a probationary police officer or as
15		a permanent police officer, shall require certification under
16		the provisions of this Section. No provision of this Section
17		shall be construed to mean that a county corrections officer
18		employed by a local governmental agency at the time of the
19		effective date of this amendatory Act of 1984, either as a
20		probationary county corrections or as a permanent county
21		corrections officer, shall require certification under the
22		provisions of this Section. No provision of this Section shall
23		be construed to apply to certification of elected county
24		sheriffs.
25		(c) This Section does not apply to part-time police
26		officers or probationary part-time police officers.

HB3443 Enrolled - 53 - LRB102 12812 KMF 18153 b
1		(Source: P.A. 101-187, eff. 1-1-20.)
2		(Text of Section after amendment by P.A. 101-652)
3		Sec. 8.1. Full-time law enforcement and county corrections
4		officers.
5		(a) No person shall receive a permanent appointment as a
6		law enforcement officer or a permanent appointment as a county
7		corrections officer unless that person has been awarded,
8		within 6 months of the officer's initial full-time employment,
9		a certificate attesting to the officer's successful completion
10		of the Minimum Standards Basic Law Enforcement or County
11		Correctional Training Course as prescribed by the Board; or
12		has been awarded a certificate attesting to the officer's
13		satisfactory completion of a training program of similar
14		content and number of hours and which course has been found
15		acceptable by the Board under the provisions of this Act; or a
16		training waiver by reason of extensive prior law enforcement
17		or county corrections experience the basic training
18		requirement is determined by the Board to be illogical and
19		unreasonable.
20		If such training is required and not completed within the
21		applicable 6 months, then the officer must forfeit the
22		officer's position, or the employing agency must obtain a
23		waiver from the Board extending the period for compliance.
24		Such waiver shall be issued only for good and justifiable
25		reasons, and in no case shall extend more than 90 days beyond

HB3443 Enrolled - 54 - LRB102 12812 KMF 18153 b
1		the initial 6 months. Any hiring agency that fails to train a
2		law enforcement officer within this period shall be prohibited
3		from employing this individual in a law enforcement capacity
4		for one year from the date training was to be completed. If an
5		agency again fails to train the individual a second time, the
6		agency shall be permanently barred from employing this
7		individual in a law enforcement capacity.
8		An individual who is not certified by the Board or whose
9		certified status is inactive shall not function as a law
10		enforcement officer, be assigned the duties of a law
11		enforcement officer by an employing agency, or be authorized
12		to carry firearms under the authority of the employer, except
13		as otherwise authorized to carry a firearm under State or
14		federal law. Sheriffs who are elected as of the effective date
15		of this Amendatory Act of the 101st General Assembly, are
16		exempt from the requirement of certified status. Failure to be
17		certified in accordance with this Act shall cause the officer
18		to forfeit the officer's position.
19		An employing agency may not grant a person status as a law
20		enforcement officer unless the person has been granted an
21		active law enforcement officer certification by the Board.
22		(b) Inactive status. A person who has an inactive law
23		enforcement officer certification has no law enforcement
24		authority.
25		(1) A law enforcement officer's certification becomes
26		inactive upon termination, resignation, retirement, or

HB3443 Enrolled - 55 - LRB102 12812 KMF 18153 b
1		separation from the officer's employing governmental
2		agency for any reason. The Board shall re-activate a
3		certification upon written application from the law
4		enforcement officer's governmental agency that shows the
5		law enforcement officer: (i) has accepted a full-time law
6		enforcement position with that governmental agency, (ii)
7		is not the subject of a decertification proceeding, and
8		(iii) meets all other criteria for re-activation required
9		by the Board. The Board may also establish special
10		training requirements to be completed as a condition for
11		re-activation.
12		A law enforcement officer who is refused reactivation
13		under this Section may request a hearing in accordance
14		with the hearing procedures as outlined in subsection (h)
15		of Section 6.3 of this Act.
16		The Board may refuse to re-activate the certification
17		of a law enforcement officer who was involuntarily
18		terminated for good cause by his or her governmental
19		agency for conduct subject to decertification under this
20		Act or resigned or retired after receiving notice of a
21		governmental agency's investigation.
22		(2) A law enforcement officer who is currently
23		certified can place his or her certificate on inactive
24		status by sending a written request to the Board. A law
25		enforcement officer whose certificate has been placed on
26		inactive status shall not function as a law enforcement

HB3443 Enrolled - 56 - LRB102 12812 KMF 18153 b
1		officer until the officer has completed any requirements
2		for reactivating the certificate as required by the Board.
3		A request for inactive status in this subsection shall be
4		in writing, accompanied by verifying documentation, and
5		shall be submitted to the Board with a copy to the chief
6		administrator of the law enforcement officer's
7		governmental agency.
8		(3) Certification that has become inactive under
9		paragraph (2) of this subsection (b), shall be reactivated
10		by written notice from the law enforcement officer's
11		agency upon a showing that the law enforcement officer is:
12		(i) employed in a full-time law enforcement position with
13		the same governmental agency (ii) not the subject of a
14		decertification proceeding, and (iii) meets all other
15		criteria for re-activation required by the Board.
16		(4) Notwithstanding paragraph (3) of this subsection
17		(b), a law enforcement officer whose certification has
18		become inactive under paragraph (2) may have the officer's
19		governmental agency submit a request for a waiver of
20		training requirements to the Board. A grant of a waiver is
21		within the discretion of the Board. Within 7 days of
22		receiving a request for a waiver under this section, the
23		Board shall notify the law enforcement officer and the
24		chief administrator of the law enforcement officer's
25		governmental agency, whether the request has been granted,
26		denied, or if the Board will take additional time for

HB3443 Enrolled - 57 - LRB102 12812 KMF 18153 b
1		information. A law enforcement officer whose request for a
2		waiver under this subsection is denied is entitled to
3		appeal the denial to the Board within 20 days of the waiver
4		being denied.
5		(c) No provision of this Section shall be construed to
6		mean that a county corrections officer employed by a
7		governmental agency at the time of the effective date of this
8		amendatory Act, either as a probationary county corrections or
9		as a permanent county corrections officer, shall require
10		certification under the provisions of this Section. No
11		provision of this Section shall be construed to apply to
12		certification of elected county sheriffs.
13		(d) Within 14 days, a law enforcement officer shall report
14		to the Board: (1) any name change; (2) any change in
15		employment; or (3) the filing of any criminal indictment or
16		charges against the officer alleging that the officer
17		committed any offense as enumerated in Section 6.1 of this
18		Act.
19		(e) All law enforcement officers must report the
20		completion of the training requirements required in this Act
21		in compliance with Section 8.4 of this Act.
22		(e-1) Each employing governmental agency shall allow and
23		provide an opportunity for a law enforcement officer to
24		complete the mandated requirements in this Act. All mandated
25		training will be provided for at no cost to the employees.
26		Employees shall be paid for all time spent attending mandated

HB3443 Enrolled - 58 - LRB102 12812 KMF 18153 b
1		training.
2		(f) This Section does not apply to part-time law
3		enforcement officers or probationary part-time law enforcement
4		officers.
5		(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22.)
6		(50 ILCS 705/10.6)
7		(This Section may contain text from a Public Act with a
8		delayed effective date)
9		Sec. 10.6. Mandatory training to be completed every 3
10		years. The Board shall adopt rules and minimum standards for
11		in-service training requirements as set forth in this Section.
12		The training shall provide officers with knowledge of policies
13		and laws regulating the use of force; equip officers with
14		tactics and skills, including de-escalation techniques, to
15		prevent or reduce the need to use force or, when force must be
16		used, to use force that is objectively reasonable, necessary,
17		and proportional under the totality of the circumstances; and
18		ensure appropriate supervision and accountability. The
19		training shall consist of at least 30 hours of training every 3
20		years and shall include:
21		(1) At least 12 hours of hands-on, scenario-based
22		role-playing.
23		(2) At least 6 hours of instruction on use of force
24		techniques, including the use of de-escalation techniques
25		to prevent or reduce the need for force whenever safe and

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1		feasible.
2		(3) Specific training on the law concerning stops,
3		searches, and the use of force under the Fourth Amendment
4		to the United States Constitution.
5		(4) Specific training on officer safety techniques,
6		including cover, concealment, and time.
7		(5) At least 6 hours of training focused on high-risk
8		traffic stops.
9		This Section takes effect January 1, 2022.
10		(Source: P.A. 101-652, eff. 7-1-21.)
11		(50 ILCS 705/10.17)
12		(Text of Section before amendment by P.A. 101-652)
13		Sec. 10.17. Crisis intervention team training; mental
14		health awareness training.
15		(a) The Illinois Law Enforcement Training Standards Board
16		shall develop and approve a standard curriculum for certified
17		training programs in crisis intervention addressing
18		specialized policing responses to people with mental
19		illnesses. The Board shall conduct Crisis Intervention Team
20		(CIT) training programs that train officers to identify signs
21		and symptoms of mental illness, to de-escalate situations
22		involving individuals who appear to have a mental illness, and
23		connect that person in crisis to treatment. Officers who have
24		successfully completed this program shall be issued a
25		certificate attesting to their attendance of a Crisis

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1		Intervention Team (CIT) training program.
2		(b) The Board shall create an introductory course
3		incorporating adult learning models that provides law
4		enforcement officers with an awareness of mental health issues
5		including a history of the mental health system, types of
6		mental health illness including signs and symptoms of mental
7		illness and common treatments and medications, and the
8		potential interactions law enforcement officers may have on a
9		regular basis with these individuals, their families, and
10		service providers including de-escalating a potential crisis
11		situation. This course, in addition to other traditional
12		learning settings, may be made available in an electronic
13		format.
14		(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;
15		100-247, eff. 1-1-18.)
16		(Text of Section after amendment by P.A. 101-652)
17		Sec. 10.17. Crisis intervention team training; mental
18		health awareness training.
19		(a) The Illinois Law Enforcement Training Standards Board
20		shall develop and approve a standard curriculum for certified
21		training programs in crisis intervention, including a
22		specialty certification course of at least 40 hours,
23		addressing specialized policing responses to people with
24		mental illnesses. The Board shall conduct Crisis Intervention
25		Team (CIT) training programs that train officers to identify

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1		signs and symptoms of mental illness, to de-escalate
2		situations involving individuals who appear to have a mental
3		illness, and connect that person in crisis to treatment.
4		Crisis Intervention Team (CIT) training programs shall be a
5		collaboration between law enforcement professionals, mental
6		health providers, families, and consumer advocates and must
7		minimally include the following components: (1) basic
8		information about mental illnesses and how to recognize them;
9		(2) information about mental health laws and resources; (3)
10		learning from family members of individuals with mental
11		illness and their experiences; and (4) verbal de-escalation
12		training and role-plays. Officers who have successfully
13		completed this program shall be issued a certificate attesting
14		to their attendance of a Crisis Intervention Team (CIT)
15		training program.
16		(b) The Board shall create an introductory course
17		incorporating adult learning models that provides law
18		enforcement officers with an awareness of mental health issues
19		including a history of the mental health system, types of
20		mental health illness including signs and symptoms of mental
21		illness and common treatments and medications, and the
22		potential interactions law enforcement officers may have on a
23		regular basis with these individuals, their families, and
24		service providers including de-escalating a potential crisis
25		situation. This course, in addition to other traditional
26		learning settings, may be made available in an electronic

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1		format.
2		The amendatory changes to this Section made by Public Act
3		101-652 shall take effect January 1, 2022.
4		(Source: P.A. 100-247, eff. 1-1-18; 101-652, eff. 7-1-21.)
5		Section 25. The Law Enforcement Officer-Worn Body Camera
6		Act is amended by changing Sections 10-15 and 10-20 as
7		follows:
8		(50 ILCS 706/10-15)
9		(Text of Section before amendment by P.A. 101-652)
10		Sec. 10-15. Applicability. Any law enforcement agency
11		which employs the use of officer-worn body cameras is subject
12		to the provisions of this Act, whether or not the agency
13		receives or has received monies from the Law Enforcement
14		Camera Grant Fund.
15		(Source: P.A. 99-352, eff. 1-1-16.)
16		(Text of Section after amendment by P.A. 101-652)
17		Sec. 10-15. Applicability.
18		(a) All law enforcement agencies must employ the use of
19		officer-worn body cameras in accordance with the provisions of
20		this Act, whether or not the agency receives or has received
21		monies from the Law Enforcement Camera Grant Fund.
22		(b) All law enforcement agencies must implement the use of
23		body cameras for all law enforcement officers, according to

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1		the following schedule:
2		(1) for municipalities and counties with populations
3		of 500,000 or more, body cameras shall be implemented by
4		January 1, 2022;
5		(2) for municipalities and counties with populations
6		of 100,000 or more but under 500,000, body cameras shall
7		be implemented by January 1, 2023;
8		(3) for municipalities and counties with populations
9		of 50,000 or more but under 100,000, body cameras shall be
10		implemented by January 1, 2024;
11		(4) for municipalities and counties under 50,000, body
12		cameras shall be implemented by January 1, 2025; and
13		(5) for all State agencies with law enforcement
14		officers and other remaining law enforcement agencies the
15		Department of State Police, body cameras shall be
16		implemented by January 1, 2025.
17		(c) A law enforcement agency's compliance with the
18		requirements under this Section shall receive preference by
19		the Illinois Law Enforcement Training Standards Board in
20		awarding grant funding under the Law Enforcement Camera Grant
21		Act.
22		(d) This Section does not apply to court security
23		officers, State's Attorney investigators, and Attorney General
24		investigators.
25		(Source: P.A. 101-652, eff. 7-1-21.)

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1		(50 ILCS 706/10-20)
2		(Text of Section before amendment by P.A. 101-652)
3		Sec. 10-20. Requirements.
4		(a) The Board shall develop basic guidelines for the use
5		of officer-worn body cameras by law enforcement agencies. The
6		guidelines developed by the Board shall be the basis for the
7		written policy which must be adopted by each law enforcement
8		agency which employs the use of officer-worn body cameras. The
9		written policy adopted by the law enforcement agency must
10		include, at a minimum, all of the following:
11		(1) Cameras must be equipped with pre-event recording,
12		capable of recording at least the 30 seconds prior to
13		camera activation, unless the officer-worn body camera was
14		purchased and acquired by the law enforcement agency prior
15		to July 1, 2015.
16		(2) Cameras must be capable of recording for a period
17		of 10 hours or more, unless the officer-worn body camera
18		was purchased and acquired by the law enforcement agency
19		prior to July 1, 2015.
20		(3) Cameras must be turned on at all times when the
21		officer is in uniform and is responding to calls for
22		service or engaged in any law enforcement-related
23		encounter or activity, that occurs while the officer is on
24		duty.
25		(A) If exigent circumstances exist which prevent
26		the camera from being turned on, the camera must be

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1		turned on as soon as practicable.
2		(B) Officer-worn body cameras may be turned off
3		when the officer is inside of a patrol car which is
4		equipped with a functioning in-car camera; however,
5		the officer must turn on the camera upon exiting the
6		patrol vehicle for law enforcement-related encounters.
7		(4) Cameras must be turned off when:
8		(A) the victim of a crime requests that the camera
9		be turned off, and unless impractical or impossible,
10		that request is made on the recording;
11		(B) a witness of a crime or a community member who
12		wishes to report a crime requests that the camera be
13		turned off, and unless impractical or impossible that
14		request is made on the recording; or
15		(C) the officer is interacting with a confidential
16		informant used by the law enforcement agency.
17		However, an officer may continue to record or resume
18		recording a victim or a witness, if exigent circumstances
19		exist, or if the officer has reasonable articulable
20		suspicion that a victim or witness, or confidential
21		informant has committed or is in the process of committing
22		a crime. Under these circumstances, and unless impractical
23		or impossible, the officer must indicate on the recording
24		the reason for continuing to record despite the request of
25		the victim or witness.
26		(4.5) Cameras may be turned off when the officer is

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1		engaged in community caretaking functions. However, the
2		camera must be turned on when the officer has reason to
3		believe that the person on whose behalf the officer is
4		performing a community caretaking function has committed
5		or is in the process of committing a crime. If exigent
6		circumstances exist which prevent the camera from being
7		turned on, the camera must be turned on as soon as
8		practicable.
9		(5) The officer must provide notice of recording to
10		any person if the person has a reasonable expectation of
11		privacy and proof of notice must be evident in the
12		recording. If exigent circumstances exist which prevent
13		the officer from providing notice, notice must be provided
14		as soon as practicable.
15		(6) For the purposes of redaction, labeling, or
16		duplicating recordings, access to camera recordings shall
17		be restricted to only those personnel responsible for
18		those purposes. The recording officer and his or her
19		supervisor may access and review recordings prior to
20		completing incident reports or other documentation,
21		provided that the officer or his or her supervisor
22		discloses that fact in the report or documentation.
23		(7) Recordings made on officer-worn cameras must be
24		retained by the law enforcement agency or by the camera
25		vendor used by the agency, on a recording medium for a
26		period of 90 days.

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1		(A) Under no circumstances shall any recording
2		made with an officer-worn body camera be altered,
3		erased, or destroyed prior to the expiration of the
4		90-day storage period.
5		(B) Following the 90-day storage period, any and
6		all recordings made with an officer-worn body camera
7		must be destroyed, unless any encounter captured on
8		the recording has been flagged. An encounter is deemed
9		to be flagged when:
10		(i) a formal or informal complaint has been
11		filed;
12		(ii) the officer discharged his or her firearm
13		or used force during the encounter;
14		(iii) death or great bodily harm occurred to
15		any person in the recording;
16		(iv) the encounter resulted in a detention or
17		an arrest, excluding traffic stops which resulted
18		in only a minor traffic offense or business
19		offense;
20		(v) the officer is the subject of an internal
21		investigation or otherwise being investigated for
22		possible misconduct;
23		(vi) the supervisor of the officer,
24		prosecutor, defendant, or court determines that
25		the encounter has evidentiary value in a criminal
26		prosecution; or

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1		(vii) the recording officer requests that the
2		video be flagged for official purposes related to
3		his or her official duties.
4		(C) Under no circumstances shall any recording
5		made with an officer-worn body camera relating to a
6		flagged encounter be altered or destroyed prior to 2
7		years after the recording was flagged. If the flagged
8		recording was used in a criminal, civil, or
9		administrative proceeding, the recording shall not be
10		destroyed except upon a final disposition and order
11		from the court.
12		(8) Following the 90-day storage period, recordings
13		may be retained if a supervisor at the law enforcement
14		agency designates the recording for training purposes. If
15		the recording is designated for training purposes, the
16		recordings may be viewed by officers, in the presence of a
17		supervisor or training instructor, for the purposes of
18		instruction, training, or ensuring compliance with agency
19		policies.
20		(9) Recordings shall not be used to discipline law
21		enforcement officers unless:
22		(A) a formal or informal complaint of misconduct
23		has been made;
24		(B) a use of force incident has occurred;
25		(C) the encounter on the recording could result in
26		a formal investigation under the Uniform Peace

HB3443 Enrolled - 69 - LRB102 12812 KMF 18153 b
1		Officers' Disciplinary Act; or
2		(D) as corroboration of other evidence of
3		misconduct.
4		Nothing in this paragraph (9) shall be construed to
5		limit or prohibit a law enforcement officer from being
6		subject to an action that does not amount to discipline.
7		(10) The law enforcement agency shall ensure proper
8		care and maintenance of officer-worn body cameras. Upon
9		becoming aware, officers must as soon as practical
10		document and notify the appropriate supervisor of any
11		technical difficulties, failures, or problems with the
12		officer-worn body camera or associated equipment. Upon
13		receiving notice, the appropriate supervisor shall make
14		every reasonable effort to correct and repair any of the
15		officer-worn body camera equipment.
16		(11) No officer may hinder or prohibit any person, not
17		a law enforcement officer, from recording a law
18		enforcement officer in the performance of his or her
19		duties in a public place or when the officer has no
20		reasonable expectation of privacy. The law enforcement
21		agency's written policy shall indicate the potential
22		criminal penalties, as well as any departmental
23		discipline, which may result from unlawful confiscation or
24		destruction of the recording medium of a person who is not
25		a law enforcement officer. However, an officer may take
26		reasonable action to maintain safety and control, secure

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1		crime scenes and accident sites, protect the integrity and
2		confidentiality of investigations, and protect the public
3		safety and order.
4		(b) Recordings made with the use of an officer-worn body
5		camera are not subject to disclosure under the Freedom of
6		Information Act, except that:
7		(1) if the subject of the encounter has a reasonable
8		expectation of privacy, at the time of the recording, any
9		recording which is flagged, due to the filing of a
10		complaint, discharge of a firearm, use of force, arrest or
11		detention, or resulting death or bodily harm, shall be
12		disclosed in accordance with the Freedom of Information
13		Act if:
14		(A) the subject of the encounter captured on the
15		recording is a victim or witness; and
16		(B) the law enforcement agency obtains written
17		permission of the subject or the subject's legal
18		representative;
19		(2) except as provided in paragraph (1) of this
20		subsection (b), any recording which is flagged due to the
21		filing of a complaint, discharge of a firearm, use of
22		force, arrest or detention, or resulting death or bodily
23		harm shall be disclosed in accordance with the Freedom of
24		Information Act; and
25		(3) upon request, the law enforcement agency shall
26		disclose, in accordance with the Freedom of Information

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1		Act, the recording to the subject of the encounter
2		captured on the recording or to the subject's attorney, or
3		the officer or his or her legal representative.
4		For the purposes of paragraph (1) of this subsection (b),
5		the subject of the encounter does not have a reasonable
6		expectation of privacy if the subject was arrested as a result
7		of the encounter. For purposes of subparagraph (A) of
8		paragraph (1) of this subsection (b), "witness" does not
9		include a person who is a victim or who was arrested as a
10		result of the encounter.
11		Only recordings or portions of recordings responsive to
12		the request shall be available for inspection or reproduction.
13		Any recording disclosed under the Freedom of Information Act
14		shall be redacted to remove identification of any person that
15		appears on the recording and is not the officer, a subject of
16		the encounter, or directly involved in the encounter. Nothing
17		in this subsection (b) shall require the disclosure of any
18		recording or portion of any recording which would be exempt
19		from disclosure under the Freedom of Information Act.
20		(c) Nothing in this Section shall limit access to a camera
21		recording for the purposes of complying with Supreme Court
22		rules or the rules of evidence.
23		(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
24		(Text of Section after amendment by P.A. 101-652)
25		Sec. 10-20. Requirements.

HB3443 Enrolled - 72 - LRB102 12812 KMF 18153 b
1		(a) The Board shall develop basic guidelines for the use
2		of officer-worn body cameras by law enforcement agencies. The
3		guidelines developed by the Board shall be the basis for the
4		written policy which must be adopted by each law enforcement
5		agency which employs the use of officer-worn body cameras. The
6		written policy adopted by the law enforcement agency must
7		include, at a minimum, all of the following:
8		(1) Cameras must be equipped with pre-event recording,
9		capable of recording at least the 30 seconds prior to
10		camera activation, unless the officer-worn body camera was
11		purchased and acquired by the law enforcement agency prior
12		to July 1, 2015.
13		(2) Cameras must be capable of recording for a period
14		of 10 hours or more, unless the officer-worn body camera
15		was purchased and acquired by the law enforcement agency
16		prior to July 1, 2015.
17		(3) Cameras must be turned on at all times when the
18		officer is in uniform and is responding to calls for
19		service or engaged in any law enforcement-related
20		encounter or activity, that occurs while the officer is on
21		duty.
22		(A) If exigent circumstances exist which prevent
23		the camera from being turned on, the camera must be
24		turned on as soon as practicable.
25		(B) Officer-worn body cameras may be turned off
26		when the officer is inside of a patrol car which is

HB3443 Enrolled - 73 - LRB102 12812 KMF 18153 b
1		equipped with a functioning in-car camera; however,
2		the officer must turn on the camera upon exiting the
3		patrol vehicle for law enforcement-related encounters.
4		(C) Officer-worn body cameras may be turned off
5		when the officer is inside a correctional facility or
6		courthouse which is equipped with a functioning camera
7		system.
8		(4) Cameras must be turned off when:
9		(A) the victim of a crime requests that the camera
10		be turned off, and unless impractical or impossible,
11		that request is made on the recording;
12		(B) a witness of a crime or a community member who
13		wishes to report a crime requests that the camera be
14		turned off, and unless impractical or impossible that
15		request is made on the recording; or
16		(C) the officer is interacting with a confidential
17		informant used by the law enforcement agency; or .
18		(D) an officer of the Department of Revenue enters
19		a Department of Revenue facility or conducts an
20		interview during which return information will be
21		discussed or visible.
22		However, an officer may continue to record or resume
23		recording a victim or a witness, if exigent circumstances
24		exist, or if the officer has reasonable articulable
25		suspicion that a victim or witness, or confidential
26		informant has committed or is in the process of committing

HB3443 Enrolled - 74 - LRB102 12812 KMF 18153 b
1		a crime. Under these circumstances, and unless impractical
2		or impossible, the officer must indicate on the recording
3		the reason for continuing to record despite the request of
4		the victim or witness.
5		(4.5) Cameras may be turned off when the officer is
6		engaged in community caretaking functions. However, the
7		camera must be turned on when the officer has reason to
8		believe that the person on whose behalf the officer is
9		performing a community caretaking function has committed
10		or is in the process of committing a crime. If exigent
11		circumstances exist which prevent the camera from being
12		turned on, the camera must be turned on as soon as
13		practicable.
14		(5) The officer must provide notice of recording to
15		any person if the person has a reasonable expectation of
16		privacy and proof of notice must be evident in the
17		recording. If exigent circumstances exist which prevent
18		the officer from providing notice, notice must be provided
19		as soon as practicable.
20		(6) (A) For the purposes of redaction, labeling, or
21		duplicating recordings, access to camera recordings shall
22		be restricted to only those personnel responsible for
23		those purposes. The recording officer or his or her
24		supervisor may not redact, label, duplicate or otherwise
25		alter the recording officer's camera recordings. Except as
26		otherwise provided in this Section, the recording officer

HB3443 Enrolled - 75 - LRB102 12812 KMF 18153 b
1		and his or her supervisor of the recording officer may
2		access and review recordings prior to completing incident
3		reports or other documentation, provided that the
4		supervisor discloses that fact in the report or
5		documentation.
6		(i) A law enforcement officer shall not have
7		access to or review his or her body-worn camera
8		recordings or the body-worn camera recordings of
9		another officer prior to completing incident reports
10		or other documentation when the officer:
11		(a) has been involved in or is a witness to an
12		officer-involved shooting, use of deadly force
13		incident, or use of force incidents resulting in
14		great bodily harm;
15		(b) is ordered to write a report in response
16		to or during the investigation of a misconduct
17		complaint against the officer.
18		(ii) If the officer subject to subparagraph (i)
19		prepares a report, any report shall be prepared
20		without viewing body-worn camera recordings, and
21		subject to supervisor's approval, officers may file
22		amendatory reports after viewing body-worn camera
23		recordings. Supplemental reports under this provision
24		shall also contain documentation regarding access to
25		the video footage.
26		(B) The recording officer's assigned field

HB3443 Enrolled - 76 - LRB102 12812 KMF 18153 b
1		training officer may access and review recordings for
2		training purposes. Any detective or investigator
3		directly involved in the investigation of a matter may
4		access and review recordings which pertain to that
5		investigation but may not have access to delete or
6		alter such recordings.
7		(7) Recordings made on officer-worn cameras must be
8		retained by the law enforcement agency or by the camera
9		vendor used by the agency, on a recording medium for a
10		period of 90 days.
11		(A) Under no circumstances shall any recording,
12		except for a non-law enforcement related activity or
13		encounter, made with an officer-worn body camera be
14		altered, erased, or destroyed prior to the expiration
15		of the 90-day storage period. In the event any
16		recording made with an officer-worn body camera is
17		altered, erased, or destroyed prior to the expiration
18		of the 90-day storage period, the law enforcement
19		agency shall maintain, for a period of one year, a
20		written record including (i) the name of the
21		individual who made such alteration, erasure, or
22		destruction, and (ii) the reason for any such
23		alteration, erasure, or destruction.
24		(B) Following the 90-day storage period, any and
25		all recordings made with an officer-worn body camera
26		must be destroyed, unless any encounter captured on

HB3443 Enrolled - 77 - LRB102 12812 KMF 18153 b
1		the recording has been flagged. An encounter is deemed
2		to be flagged when:
3		(i) a formal or informal complaint has been
4		filed;
5		(ii) the officer discharged his or her firearm
6		or used force during the encounter;
7		(iii) death or great bodily harm occurred to
8		any person in the recording;
9		(iv) the encounter resulted in a detention or
10		an arrest, excluding traffic stops which resulted
11		in only a minor traffic offense or business
12		offense;
13		(v) the officer is the subject of an internal
14		investigation or otherwise being investigated for
15		possible misconduct;
16		(vi) the supervisor of the officer,
17		prosecutor, defendant, or court determines that
18		the encounter has evidentiary value in a criminal
19		prosecution; or
20		(vii) the recording officer requests that the
21		video be flagged for official purposes related to
22		his or her official duties.
23		(C) Under no circumstances shall any recording
24		made with an officer-worn body camera relating to a
25		flagged encounter be altered or destroyed prior to 2
26		years after the recording was flagged. If the flagged

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

HB3443 Enrolled - 79 - LRB102 12812 KMF 18153 b
1		care and maintenance of officer-worn body cameras. Upon
2		becoming aware, officers must as soon as practical
3		document and notify the appropriate supervisor of any
4		technical difficulties, failures, or problems with the
5		officer-worn body camera or associated equipment. Upon
6		receiving notice, the appropriate supervisor shall make
7		every reasonable effort to correct and repair any of the
8		officer-worn body camera equipment.
9		(11) No officer may hinder or prohibit any person, not
10		a law enforcement officer, from recording a law
11		enforcement officer in the performance of his or her
12		duties in a public place or when the officer has no
13		reasonable expectation of privacy. The law enforcement
14		agency's written policy shall indicate the potential
15		criminal penalties, as well as any departmental
16		discipline, which may result from unlawful confiscation or
17		destruction of the recording medium of a person who is not
18		a law enforcement officer. However, an officer may take
19		reasonable action to maintain safety and control, secure
20		crime scenes and accident sites, protect the integrity and
21		confidentiality of investigations, and protect the public
22		safety and order.
23		(b) Recordings made with the use of an officer-worn body
24		camera are not subject to disclosure under the Freedom of
25		Information Act, except that:
26		(1) if the subject of the encounter has a reasonable

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

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1		paragraph (1) of this subsection (b), "witness" does not
2		include a person who is a victim or who was arrested as a
3		result of the encounter.
4		Only recordings or portions of recordings responsive to
5		the request shall be available for inspection or reproduction.
6		Any recording disclosed under the Freedom of Information Act
7		shall be redacted to remove identification of any person that
8		appears on the recording and is not the officer, a subject of
9		the encounter, or directly involved in the encounter. Nothing
10		in this subsection (b) shall require the disclosure of any
11		recording or portion of any recording which would be exempt
12		from disclosure under the Freedom of Information Act.
13		(c) Nothing in this Section shall limit access to a camera
14		recording for the purposes of complying with Supreme Court
15		rules or the rules of evidence.
16		(Source: P.A. 101-652, eff. 7-1-21.)
17		Section 30 The Uniform Crime Reporting Act is amended by
18		changing Section 5-12 as follows:
19		(50 ILCS 709/5-12)
20		(Text of Section before amendment by P.A. 101-652)
21		Sec. 5-12. Monthly reporting. All law enforcement agencies
22		shall submit to the Department of State Police on a monthly
23		basis the following:
24		(1) beginning January 1, 2016, a report on any

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

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1		(5) data on an index of offenses selected by the
2		Department based on the seriousness of the offense,
3		frequency of occurrence of the offense, and likelihood of
4		being reported to law enforcement. The data shall include
5		the number of index crime offenses committed and number of
6		associated arrests; and
7		(6) data on offenses and incidents reported by schools
8		to local law enforcement. The data shall include offenses
9		defined as an attack against school personnel,
10		intimidation offenses, drug incidents, and incidents
11		involving weapons.
12		(Source: P.A. 99-352, eff. 1-1-16.)
13		(Text of Section after amendment by P.A. 101-652)
14		Sec. 5-12. Monthly reporting. All law enforcement agencies
15		shall submit to the Department of State Police on a monthly
16		basis the following:
17		(1) beginning January 1, 2016, a report on any
18		arrest-related death that shall include information
19		regarding the deceased, the officer, any weapon used by
20		the officer or the deceased, and the circumstances of the
21		incident. The Department shall submit on a quarterly basis
22		all information collected under this paragraph (1) to the
23		Illinois Criminal Justice Information Authority,
24		contingent upon updated federal guidelines regarding the
25		Uniform Crime Reporting Program;

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1		(2) beginning January 1, 2017, a report on any
2		instance when a law enforcement officer discharges his or
3		her firearm causing a non-fatal injury to a person, during
4		the performance of his or her official duties or in the
5		line of duty;
6		(3) a report of incident-based information on hate
7		crimes including information describing the offense,
8		location of the offense, type of victim, offender, and
9		bias motivation. If no hate crime incidents occurred
10		during a reporting month, the law enforcement agency must
11		submit a no incident record, as required by the
12		Department;
13		(4) a report on any incident of an alleged commission
14		of a domestic crime, that shall include information
15		regarding the victim, offender, date and time of the
16		incident, any injury inflicted, any weapons involved in
17		the commission of the offense, and the relationship
18		between the victim and the offender;
19		(5) data on an index of offenses selected by the
20		Department based on the seriousness of the offense,
21		frequency of occurrence of the offense, and likelihood of
22		being reported to law enforcement. The data shall include
23		the number of index crime offenses committed and number of
24		associated arrests;
25		(6) data on offenses and incidents reported by schools
26		to local law enforcement. The data shall include offenses

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1		defined as an attack against school personnel,
2		intimidation offenses, drug incidents, and incidents
3		involving weapons;
4		(7) beginning on July 1, 2021, a report on incidents
5		any incident where a law enforcement officer was
6		dispatched to deal with a person experiencing a mental
7		health crisis or incident. The report shall include the
8		number of incidents, the level of law enforcement response
9		and the outcome of each incident. For purposes of this
10		Section, a "mental health crisis" is when a person's
11		behavior puts them at risk of hurting themselves or others
12		or prevents them from being able to care for themselves;
13		(8) beginning on July 1, 2021, a report on use of
14		force, including any action that resulted in the death or
15		serious bodily injury of a person or the discharge of a
16		firearm at or in the direction of a person. The report
17		shall include information required by the Department,
18		pursuant to Section 5-11 of this Act.
19		(Source: P.A. 101-652, eff. 7-1-21.)
20		Section 35. The Counties Code is amended by changing
21		Sections 3-6041 and 3-15003.8 as follows:
22		(55 ILCS 5/3-6041)
23		(This Section may contain text from a Public Act with a
24		delayed effective date)

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1		Sec. 3-6041. Military equipment surplus program.
2		(a) For purposes of this Section:
3		"Bayonet" means a large knife designed to be attached to
4		the muzzle of a rifle, shotgun, or long gun for the purpose of
5		hand-to-hand combat.
6		"Grenade launcher" means a firearm or firearm accessory
7		used designed to launch fragmentary small explosive rounds
8		designed to inflict death or cause great bodily harm
9		projectiles.
10		"Military equipment surplus program" means any federal or
11		State program allowing a law enforcement agency to obtain
12		surplus military equipment including, but not limited to, any
13		program organized under Section 1122 of the National Defense
14		Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
15		Section 1033 of the National Defense Authorization Act for
16		Fiscal Year 1997 (Pub. L. 104-201) or any program established
17		under 10 U.S.C. 2576a.
18		"Tracked armored vehicle" means a vehicle that provides
19		ballistic protection to its occupants and utilizes a tracked
20		system instead installed of wheels for forward motion not
21		including vehicles listed in the Authorized Equipment List as
22		published by the Federal Emergency Management Agency.
23		"Weaponized aircraft, vessel, or vehicle" means any
24		aircraft, vessel, or vehicle with weapons installed.
25		(b) A sheriff's department shall not request or receive
26		from any military equipment surplus program nor purchase or

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1		otherwise utilize the following equipment:
2		(1) tracked armored vehicles;
3		(2) weaponized aircraft, vessels, or vehicles;
4		(3) firearms of .50-caliber or higher;
5		(4) ammunition of .50-caliber or higher;
6		(5) grenade launchers; or
7		(6) bayonets.
8		(c) A home rule county may not regulate the acquisition of
9		equipment in a manner inconsistent with this Section. This
10		Section is a limitation under subsection (i) of Section 6 of
11		Article VII of the Illinois Constitution on the concurrent
12		exercise by home rule counties of powers and functions
13		exercised by the State.
14		(d) If the sheriff requests property from a military
15		equipment surplus program, the sheriff shall publish notice of
16		the request on a publicly accessible website maintained by the
17		sheriff or the county within 14 days after the request.
18		(Source: P.A. 101-652, eff. 7-1-21.)
19		(55 ILCS 5/3-15003.8)
20		(This Section may contain text from a Public Act with a
21		delayed effective date)
22		Sec. 3-15003.8. Educational programming programing for
23		pregnant prisoners. The Illinois Department of Public Health
24		shall provide the county department of corrections with
25		educational programming relating to pregnancy and parenting

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1		and the county department of corrections shall provide the
2		programming to pregnant prisoners A county department of
3		corrections shall develop and provide to each pregnant
4		prisoner educational programming relating to pregnancy and
5		parenting. The programming must include instruction regarding:
6		(1) appropriate prenatal care and hygiene;
7		(2) the effects of prenatal exposure to alcohol and
8		drugs on a developing fetus;
9		(3) parenting skills; and
10		(4) medical and mental health issues applicable to
11		children.
12		(Source: P.A. 101-652, eff. 7-1-21.)
13		Section 40. The Illinois Municipal Code is amended by
14		changing Section 11-5.1-2 as follows:
15		(65 ILCS 5/11-5.1-2)
16		(This Section may contain text from a Public Act with a
17		delayed effective date)
18		Sec. 11-5.1-2. Military equipment surplus program.
19		(a) For purposes of this Section:
20		"Bayonet" means large knives designed to be attached to
21		the muzzle of a rifle, shotgun, or long gun for the purposes of
22		hand-to-hand combat.
23		"Grenade launcher" means a firearm or firearm accessory
24		used designed to launch fragmentary small explosive rounds

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1		designed to inflict death or cause great bodily harm
2		projectiles.
3		"Military equipment surplus program" means any federal or
4		state program allowing a law enforcement agency to obtain
5		surplus military equipment including, but not limit to, any
6		program organized under Section 1122 of the National Defense
7		Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
8		Section 1033 of the National Defense Authorization Act for
9		Fiscal Year 1997 (Pub. L. 104-201) or any program established
10		by the United States Department of Defense under 10 U.S.C.
11		2576a.
12		"Tracked armored vehicle" means a vehicle that provides
13		ballistic protection to its occupants and utilizes a tracked
14		system instead installed of wheels for forward motion not
15		including vehicles listed in the Authorized Equipment List as
16		published by the Federal Emergency Management Agency.
17		"Weaponized aircraft, vessels, or vehicles" means any
18		aircraft, vessel, or vehicle with weapons installed.
19		(b) A police department shall not request or receive from
20		any military equipment surplus program nor purchase or
21		otherwise utilize the following equipment:
22		(1) tracked armored vehicles;
23		(2) weaponized aircraft, vessels, or vehicles;
24		(3) firearms of .50-caliber or higher;
25		(4) ammunition of .50-caliber or higher;
26		(5) grenade launchers, grenades, or similar

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1		explosives; or
2		(6) bayonets.
3		(c) A home rule municipality may not regulate the
4		acquisition of equipment in a manner inconsistent with this
5		Section. This Section is a limitation under subsection (i) of
6		Section 6 of Article VII of the Illinois Constitution on the
7		concurrent exercise by home rule municipalities of powers and
8		functions exercised by the State.
9		(d) If a police department requests other property not
10		prohibited from a military equipment surplus program, the
11		police department shall publish notice of the request on a
12		publicly accessible website maintained by the police
13		department or the municipality within 14 days after the
14		request.
15		(Source: P.A. 101-652, eff. 7-1-21.)
16		(65 ILCS 5/1-2-12.1 rep.)
17		Section 45. The Illinois Municipal Code is amended by
18		repealing Section 1-2-12.1. This Section is effective January
19		1, 2023.
20		Section 50. The Criminal Code of 2012 is amended by
21		changing Sections 7-5, 7-5.5, 7-15, 7-16, 31-1, and 33-9 as
22		follows:
23		(720 ILCS 5/7-5) (from Ch. 38, par. 7-5)

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1		(Text of Section before amendment by P.A. 101-652)
2		Sec. 7-5. Peace officer's use of force in making arrest.
3		(a) A peace officer, or any person whom he has summoned or
4		directed to assist him, need not retreat or desist from
5		efforts to make a lawful arrest because of resistance or
6		threatened resistance to the arrest. He is justified in the
7		use of any force which he reasonably believes to be necessary
8		to effect the arrest and of any force which he reasonably
9		believes to be necessary to defend himself or another from
10		bodily harm while making the arrest. However, he is justified
11		in using force likely to cause death or great bodily harm only
12		when he reasonably believes that such force is necessary to
13		prevent death or great bodily harm to himself or such other
14		person, or when he reasonably believes both that:
15		(1) Such force is necessary to prevent the arrest from
16		being defeated by resistance or escape; and
17		(2) The person to be arrested has committed or
18		attempted a forcible felony which involves the infliction
19		or threatened infliction of great bodily harm or is
20		attempting to escape by use of a deadly weapon, or
21		otherwise indicates that he will endanger human life or
22		inflict great bodily harm unless arrested without delay.
23		(b) A peace officer making an arrest pursuant to an
24		invalid warrant is justified in the use of any force which he
25		would be justified in using if the warrant were valid, unless
26		he knows that the warrant is invalid.

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1		(Source: P.A. 84-1426.)
2		(Text of Section after amendment by P.A. 101-652)
3		Sec. 7-5. Peace officer's use of force in making arrest.
4		(a) A peace officer, or any person whom he has summoned or
5		directed to assist him, need not retreat or desist from
6		efforts to make a lawful arrest because of resistance or
7		threatened resistance to the arrest. He is justified in the
8		use of any force which he reasonably believes, based on the
9		totality of the circumstances, to be necessary to effect the
10		arrest and of any force which he reasonably believes, based on
11		the totality of the circumstances, to be necessary to defend
12		himself or another from bodily harm while making the arrest.
13		However, he is justified in using force likely to cause death
14		or great bodily harm only when: (i) he reasonably believes,
15		based on the totality of the circumstances, that such force is
16		necessary to prevent death or great bodily harm to himself or
17		such other person; , or (ii) when he reasonably believes, based
18		on the totality of the circumstances, both that:
19		(1) Such force is necessary to prevent the arrest from
20		being defeated by resistance or escape; the officer
21		reasonably believes that the person to be arrested cannot
22		be apprehended at a later date, and the officer reasonably
23		believes that the person to be arrested is likely to cause
24		great bodily harm to another; and
25		(2) The person to be arrested just committed or

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1		attempted a forcible felony which involves the infliction
2		or threatened infliction of great bodily harm or is
3		attempting to escape by use of a deadly weapon, or
4		otherwise indicates that he will endanger human life or
5		inflict great bodily harm unless arrested without delay.
6		As used in this subsection, "retreat" does not mean
7		tactical repositioning or other de-escalation tactics.
8		A peace officer is not justified in using force likely to
9		cause death or great bodily harm when there is no longer an
10		imminent threat of great bodily harm to the officer or
11		another.
12		(a-5) Where feasible, a peace officer shall, prior to the
13		use of force, make reasonable efforts to identify himself or
14		herself as a peace officer and to warn that deadly force may be
15		used, unless the officer has reasonable grounds to believe
16		that the person is aware of those facts.
17		(a-10) A peace officer shall not use deadly force against
18		a person based on the danger that the person poses to himself
19		or herself if an reasonable officer would believe the person
20		does not pose an imminent threat of death or great bodily harm
21		serious bodily injury to the peace officer or to another
22		person.
23		(a-15) A peace officer shall not use deadly force against
24		a person who is suspected of committing a property offense,
25		unless that offense is terrorism or unless deadly force is
26		otherwise authorized by law.

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1		(b) A peace officer making an arrest pursuant to an
2		invalid warrant is justified in the use of any force which he
3		would be justified in using if the warrant were valid, unless
4		he knows that the warrant is invalid.
5		(c) The authority to use physical force conferred on peace
6		officers by this Article is a serious responsibility that
7		shall be exercised judiciously and with respect for human
8		rights and dignity and for the sanctity of every human life.
9		(d) Peace officers shall use deadly force only when
10		reasonably necessary in defense of human life. In determining
11		whether deadly force is reasonably necessary, officers shall
12		evaluate each situation in light of the totality of particular
13		circumstances of each case including but not limited to the
14		proximity in time of the use of force to the commission of a
15		forcible felony, and the reasonable feasibility of safely
16		apprehending a subject at a later time, and shall use other
17		available resources and techniques, if reasonably safe and
18		feasible to a reasonable officer.
19		(e) The decision by a peace officer to use force shall be
20		evaluated carefully and thoroughly, in a manner that reflects
21		the gravity of that authority and the serious consequences of
22		the use of force by peace officers, in order to ensure that
23		officers use force consistent with law and agency policies.
24		(f) The decision by a peace officer to use force shall be
25		evaluated from the perspective of a reasonable officer in the
26		same situation, based on the totality of the circumstances

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1		known to or perceived by the officer at the time of the
2		decision, rather than with the benefit of hindsight, and that
3		the totality of the circumstances shall account for occasions
4		when officers may be forced to make quick judgments about
5		using force.
6		(g) Law enforcement agencies are encouraged to adopt and
7		develop policies designed to protect individuals with
8		physical, mental health, developmental, or intellectual
9		disabilities, or individuals who are significantly more likely
10		to experience greater levels of physical force during police
11		interactions, as these disabilities may affect the ability of
12		a person to understand or comply with commands from peace
13		officers.
14		(h) As used in this Section:
15		(1) "Deadly force" means any use of force that creates
16		a substantial risk of causing death or great bodily harm
17		serious bodily injury, including, but not limited to, the
18		discharge of a firearm.
19		(2) A threat of death or serious bodily injury is
20		"imminent" when, based on the totality of the
21		circumstances, a reasonable officer in the same situation
22		would believe that a person has the present ability,
23		opportunity, and apparent intent to immediately cause
24		death or great bodily harm serious bodily injury to the
25		peace officer or another person. An imminent harm is not
26		merely a fear of future harm, no matter how great the fear

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1		and no matter how great the likelihood of the harm, but is
2		one that, from appearances, must be instantly confronted
3		and addressed.
4		(3) "Totality of the circumstances" means all facts
5		known to the peace officer at the time, or that would be
6		known to a reasonable officer in the same situation,
7		including the conduct of the officer and the subject
8		leading up to the use of deadly force.
9		(Source: P.A. 101-652, eff. 7-1-21.)
10		(720 ILCS 5/7-5.5)
11		(Text of Section before amendment by P.A. 101-652)
12		Sec. 7-5.5. Prohibited use of force by a peace officer.
13		(a) A peace officer shall not use a chokehold in the
14		performance of his or her duties, unless deadly force is
15		justified under Article 7 of this Code.
16		(b) A peace officer shall not use a chokehold, or any
17		lesser contact with the throat or neck area of another, in
18		order to prevent the destruction of evidence by ingestion.
19		(c) As used in this Section, "chokehold" means applying
20		any direct pressure to the throat, windpipe, or airway of
21		another with the intent to reduce or prevent the intake of air.
22		"Chokehold" does not include any holding involving contact
23		with the neck that is not intended to reduce the intake of air
24		such as a headlock where the only pressure applied is to the
25		head.

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1		(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
2		(Text of Section after amendment by P.A. 101-652)
3		Sec. 7-5.5. Prohibited use of force by a peace officer.
4		(a) A peace officer, or any other person acting under the
5		color of law on behalf of a peace officer, shall not use a
6		chokehold or restraint above the shoulders with risk of
7		asphyxiation in the performance of his or her duties, unless
8		deadly force is justified under Article 7 of this Code.
9		(b) A peace officer, or any other person acting under the
10		color of law on behalf of a peace officer, shall not use a
11		chokehold or restraint above the shoulders with risk of
12		asphyxiation, or any lesser contact with the throat or neck
13		area of another, in order to prevent the destruction of
14		evidence by ingestion.
15		(c) As used in this Section, "chokehold" means applying
16		any direct pressure to the throat, windpipe, or airway of
17		another. "Chokehold" does not include any holding involving
18		contact with the neck that is not intended to reduce the intake
19		of air such as a headlock where the only pressure applied is to
20		the head.
21		(d) As used in this Section, "restraint above the
22		shoulders with risk of positional asphyxiation" means a use of
23		a technique used to restrain a person above the shoulders,
24		including the neck or head, in a position which interferes
25		with the person's ability to breathe after the person no

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1		longer poses a threat to the officer or any other person.
2		(e) A peace officer, or any other person acting under the
3		color of law on behalf of a peace officer, shall not:
4		(i) use force as punishment or retaliation;
5		(ii) discharge kinetic impact projectiles and all
6		other non-or less-lethal projectiles in a manner that
7		targets the head, neck, groin, anterior , pelvis, or back;
8		(iii) discharge conducted electrical weapons in a
9		manner that targets the head, chest, neck, groin, or
10		anterior pelvis;
11		(iv) (iii) discharge firearms or kinetic impact
12		projectiles indiscriminately into a crowd; or
13		(v) (iv) use chemical agents or irritants for crowd
14		control, including pepper spray and tear gas, prior to
15		issuing an order to disperse in a sufficient manner to
16		allow for ensure the order to be is heard and repeated if
17		necessary, followed by sufficient time and space to allow
18		compliance with the order unless providing such time and
19		space would unduly place an officer or another person at
20		risk of death or great bodily harm; or .
21		(vi) use chemical agents or irritants, including
22		pepper spray and tear gas, prior to issuing an order in a
23		sufficient manner to ensure the order is heard, and
24		repeated if necessary, to allow compliance with the order
25		unless providing such time and space would unduly place an
26		officer or another person at risk of death or great bodily

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1		harm.
2		(Source: P.A. 101-652, eff. 7-1-21.)
3		(720 ILCS 5/7-15)
4		(This Section may contain text from a Public Act with a
5		delayed effective date)
6		Sec. 7-15. Duty to render aid. It is the policy of the
7		State of Illinois that all law enforcement officers must, as
8		soon as reasonably practical, determine if a person is
9		injured, whether as a result of a use of force or otherwise,
10		and render medical aid and assistance consistent with training
11		and request emergency medical assistance if necessary. "Render
12		medical aid and assistance" includes, but is not limited to,
13		(i) performing emergency life-saving procedures such as
14		cardiopulmonary resuscitation or the administration of an
15		automated external defibrillator; and (ii) the carrying, or
16		the making of arrangements for the carrying, of such person to
17		a physician, surgeon, or hospital for medical or surgical
18		treatment if it is apparent that treatment is necessary, or if
19		such carrying is requested by the injured person.
20		(Source: P.A. 101-652, eff. 7-1-21.)
21		(720 ILCS 5/7-16)
22		(This Section may contain text from a Public Act with a
23		delayed effective date)
24		Sec. 7-16. Duty to intervene.

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1		(a) A peace officer, or any other person acting under the
2		color of law who has an opportunity to intervene on behalf of a
3		peace officer, shall have an affirmative duty to intervene to
4		prevent or stop another peace officer in his or her presence
5		from using any unauthorized force or force that exceeds the
6		degree of force permitted, if any, without regard for chain of
7		command.
8		(b) A peace officer, or any other person acting under the
9		color of law on behalf of a peace officer, who intervenes as
10		required by this Section shall report the intervention to the
11		person designated/identified by the law enforcement entity in
12		a manner prescribed by the agency. The report required by this
13		Section must include the date, time, and place of the
14		occurrence; the identity, if known, and description of the
15		participants; and a description of the intervention actions
16		taken and whether they were successful. In no event shall the
17		report be submitted more than 5 days after the incident.
18		(c) A member of a law enforcement agency shall not
19		discipline nor retaliate in any way against a peace officer
20		for intervening as required in this Section or for reporting
21		unconstitutional or unlawful conduct, or for failing to follow
22		what the officer reasonably believes is an unconstitutional or
23		unlawful directive.
24		(Source: P.A. 101-652, eff. 7-1-21.)
25		(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)

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1		(Text of Section before amendment by P.A. 101-652)
2		Sec. 31-1. Resisting or obstructing a peace officer,
3		firefighter, or correctional institution employee.
4		(a) A person who knowingly resists or obstructs the
5		performance by one known to the person to be a peace officer,
6		firefighter, or correctional institution employee of any
7		authorized act within his or her official capacity commits a
8		Class A misdemeanor.
9		(a-5) In addition to any other sentence that may be
10		imposed, a court shall order any person convicted of resisting
11		or obstructing a peace officer, firefighter, or correctional
12		institution employee to be sentenced to a minimum of 48
13		consecutive hours of imprisonment or ordered to perform
14		community service for not less than 100 hours as may be
15		determined by the court. The person shall not be eligible for
16		probation in order to reduce the sentence of imprisonment or
17		community service.
18		(a-7) A person convicted for a violation of this Section
19		whose violation was the proximate cause of an injury to a peace
20		officer, firefighter, or correctional institution employee is
21		guilty of a Class 4 felony.
22		(b) For purposes of this Section, "correctional
23		institution employee" means any person employed to supervise
24		and control inmates incarcerated in a penitentiary, State
25		farm, reformatory, prison, jail, house of correction, police
26		detention area, half-way house, or other institution or place

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1		for the incarceration or custody of persons under sentence for
2		offenses or awaiting trial or sentence for offenses, under
3		arrest for an offense, a violation of probation, a violation
4		of parole, a violation of aftercare release, a violation of
5		mandatory supervised release, or awaiting a bail setting
6		hearing or preliminary hearing, or who are sexually dangerous
7		persons or who are sexually violent persons; and "firefighter"
8		means any individual, either as an employee or volunteer, of a
9		regularly constituted fire department of a municipality or
10		fire protection district who performs fire fighting duties,
11		including, but not limited to, the fire chief, assistant fire
12		chief, captain, engineer, driver, ladder person, hose person,
13		pipe person, and any other member of a regularly constituted
14		fire department. "Firefighter" also means a person employed by
15		the Office of the State Fire Marshal to conduct arson
16		investigations.
17		(c) It is an affirmative defense to a violation of this
18		Section if a person resists or obstructs the performance of
19		one known by the person to be a firefighter by returning to or
20		remaining in a dwelling, residence, building, or other
21		structure to rescue or to attempt to rescue any person.
22		(Source: P.A. 98-558, eff. 1-1-14.)
23		(Text of Section after amendment by P.A. 101-652)
24		Sec. 31-1. Resisting or obstructing a peace officer,
25		firefighter, or correctional institution employee.

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1		(a) A person who knowingly:
2		(1) resists arrest, or
3		(2) obstructs the performance by one known to the
4		person to be a peace officer, firefighter, or correctional
5		institution employee of any authorized act within his or
6		her official capacity commits a Class A misdemeanor.
7		(a-5) In addition to any other sentence that may be
8		imposed, a court shall order any person convicted of resisting
9		or obstructing a peace officer, firefighter, or correctional
10		institution employee to be sentenced to a minimum of 48
11		consecutive hours of imprisonment or ordered to perform
12		community service for not less than 100 hours as may be
13		determined by the court. The person shall not be eligible for
14		probation in order to reduce the sentence of imprisonment or
15		community service.
16		(a-7) A person convicted for a violation of this Section
17		whose violation was the proximate cause of an injury to a peace
18		officer, firefighter, or correctional institution employee is
19		guilty of a Class 4 felony.
20		(b) For purposes of this Section, "correctional
21		institution employee" means any person employed to supervise
22		and control inmates incarcerated in a penitentiary, State
23		farm, reformatory, prison, jail, house of correction, police
24		detention area, half-way house, or other institution or place
25		for the incarceration or custody of persons under sentence for
26		offenses or awaiting trial or sentence for offenses, under

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1		arrest for an offense, a violation of probation, a violation
2		of parole, a violation of aftercare release, a violation of
3		mandatory supervised release, or awaiting a hearing or
4		preliminary hearing on setting the conditions of pretrial
5		release, or who are sexually dangerous persons or who are
6		sexually violent persons; and "firefighter" means any
7		individual, either as an employee or volunteer, of a regularly
8		constituted fire department of a municipality or fire
9		protection district who performs fire fighting duties,
10		including, but not limited to, the fire chief, assistant fire
11		chief, captain, engineer, driver, ladder person, hose person,
12		pipe person, and any other member of a regularly constituted
13		fire department. "Firefighter" also means a person employed by
14		the Office of the State Fire Marshal to conduct arson
15		investigations.
16		(c) It is an affirmative defense to a violation of this
17		Section if a person resists or obstructs the performance of
18		one known by the person to be a firefighter by returning to or
19		remaining in a dwelling, residence, building, or other
20		structure to rescue or to attempt to rescue any person.
21		(d) A person shall not be subject to arrest for resisting
22		arrest under this Section unless there is an underlying
23		offense for which the person was initially subject to arrest.
24		(Source: P.A. 101-652, eff. 1-1-23.)
25		(720 ILCS 5/33-9)

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1		(This Section may contain text from a Public Act with a
2		delayed effective date)
3		Sec. 33-9. Law enforcement misconduct.
4		(a) A law enforcement officer or a person acting under
5		color of law on behalf of a law enforcement officer commits law
6		enforcement misconduct when, in the performance of his or her
7		official duties with intent to prevent the apprehension or
8		obstruct the prosecution or defense of any person, he or she
9		knowingly and intentionally:
10		(1) knowingly and intentionally misrepresents or fails
11		to provide material facts describing an incident in any
12		report or during any investigations regarding the law
13		enforcement employee's conduct;
14		(2) knowingly and intentionally withholds any
15		knowledge of the material misrepresentations of another
16		law enforcement officer from the law enforcement
17		employee's supervisor, investigator, or other person or
18		entity tasked with holding the law enforcement officer
19		accountable; or
20		(3) knowingly and intentionally fails to comply with
21		paragraphs (3), (5), (6), and (7) of subsection (a) of
22		Section 10-20 of the Law Enforcement Officer-Worn Body
23		Camera Act. State law or their department policy requiring
24		the use of officer-worn body cameras.
25		(b) Sentence. Law enforcement misconduct is a Class 3
26		felony.

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1		(Source: P.A. 101-652, eff. 7-1-21.)
2		Section 55. The Code of Criminal Procedure of 1963 is
3		amended by changing Sections 103-3, 108-8, and 110-5 as
4		follows:
5		(725 ILCS 5/103-3) (from Ch. 38, par. 103-3)
6		(Text of Section before amendment by P.A. 101-652)
7		Sec. 103-3. Right to communicate with attorney and family;
8		transfers.
9		(a) Persons who are arrested shall have the right to
10		communicate with an attorney of their choice and a member of
11		their family by making a reasonable number of telephone calls
12		or in any other reasonable manner. Such communication shall be
13		permitted within a reasonable time after arrival at the first
14		place of custody.
15		(b) In the event the accused is transferred to a new place
16		of custody his right to communicate with an attorney and a
17		member of his family is renewed.
18		(Source: Laws 1963, p. 2836.)
19		(Text of Section after amendment by P.A. 101-652)
20		Sec. 103-3. Right to communicate with attorney and family;
21		transfers.
22		(a) (Blank).
23		(a-5) Persons who are in police custody have the right to

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1		communicate free of charge with an attorney of their choice
2		and members of their family as soon as possible upon being
3		taken into police custody, but no later than three hours after
4		arrival at the first place of custody. Persons in police
5		custody must be given:
6		(1) access to use a telephone via a land line or
7		cellular phone to make three phone calls; and
8		(2) the ability to retrieve phone numbers contained in
9		his or her contact list on his or her cellular phone prior
10		to the phone being placed into inventory.
11		(a-10) In accordance with Section 103-7, at every facility
12		where a person is in police custody a sign containing, at
13		minimum, the following information in bold block type must be
14		posted in a conspicuous place:
15		(1) a short statement notifying persons who are in
16		police custody of their right to have access to a phone
17		within three hours after being taken into police custody;
18		and
19		(2) persons who are in police custody have the right
20		to make three phone calls within three hours after being
21		taken into custody, at no charge.
22		(a-15) In addition to the information listed in subsection
23		(a-10), if the place of custody is located in a jurisdiction
24		where the court has appointed the public defender or other
25		attorney to represent persons who are in police custody, the
26		telephone number to the public defender or appointed

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1		attorney's office must also be displayed. The telephone call
2		to the public defender or other attorney must not be
3		monitored, eavesdropped upon, or recorded.
4		(b) (Blank).
5		(c) In the event a person who is in police custody is
6		transferred to a new place of custody, his or her right to make
7		telephone calls under this Section within three hours after
8		arrival is renewed.
9		(d) In this Section "custody" means the restriction of a
10		person's freedom of movement by a law enforcement officer's
11		exercise of his or her lawful authority.
12		(e) The three hours requirement shall not apply while the
13		person in police custody is asleep, unconscious, or otherwise
14		incapacitated.
15		(f) Nothing in this Section shall interfere with a
16		person's rights or override procedures required in the Bill of
17		Rights of the Illinois and US Constitutions, including but not
18		limited to Fourth Amendment search and seizure rights, Fifth
19		Amendment due process rights and rights to be free from
20		self-incrimination and Sixth Amendment right to counsel.
21		(g) This Section is effective January 1, 2022.
22		(Source: P.A. 101-652, eff. 7-1-21.)
23		(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
24		(Text of Section before amendment by P.A. 101-652)
25		Sec. 108-8. Use of force in execution of search warrant.

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1		(a) All necessary and reasonable force may be used to
2		effect an entry into any building or property or part thereof
3		to execute a search warrant.
4		(b) The court issuing a warrant may authorize the officer
5		executing the warrant to make entry without first knocking and
6		announcing his or her office if it finds, based upon a showing
7		of specific facts, the existence of the following exigent
8		circumstances:
9		(1) That the officer reasonably believes that if
10		notice were given a weapon would be used:
11		(i) against the officer executing the search
12		warrant; or
13		(ii) against another person.
14		(2) That if notice were given there is an imminent
15		"danger" that evidence will be destroyed.
16		(Source: P.A. 92-502, eff. 12-19-01.)
17		(Text of Section after amendment by P.A. 101-652)
18		Sec. 108-8. Use of force in execution of search warrant.
19		(a) All necessary and reasonable force may be used to
20		effect an entry into any building or property or part thereof
21		to execute a search warrant.
22		(b) The court issuing a warrant may authorize the officer
23		executing the warrant to make entry without first knocking and
24		announcing his or her office if it finds, based upon a showing
25		of specific facts, the existence of the following exigent

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1		circumstances:
2		(1) That the officer reasonably believes that if
3		notice were given a weapon would be used:
4		(i) against the officer executing the search
5		warrant; or
6		(ii) against another person.
7		(2) That if notice were given there is an imminent
8		"danger" that evidence will be destroyed.
9		(c) Prior to the issuing of a warrant under subsection
10		(b), the officer must attest that:
11		(1) prior to entering the location described in the
12		search warrant, a supervising officer will ensure that
13		each participating member is assigned a body worn camera
14		and is following policies and procedures in accordance
15		with Section 10-20 of the Law Enforcement Officer-Worn
16		Body Camera Act; provided that the law enforcement agency
17		has implemented body worn camera in accordance with
18		Section 10-15 of the Law Enforcement Officer-Worn Body
19		Camera Act. If a law enforcement agency or each
20		participating member of a multi-jurisdictional team has
21		not implemented a body camera in accordance with Section
22		10-15 of the Law Enforcement Officer-Worn Body Camera Act,
23		the officer must attest that the interaction authorized by
24		the warrant is otherwise recorded;
25		(2) The supervising officer verified the subject
26		address listed on the warrant for steps were taken in

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1		planning the search to ensure accuracy and planned plan
2		for children or other vulnerable people on-site; and
3		(3) if an officer becomes aware the search warrant was
4		executed at an address, unit, or apartment different from
5		the location listed on the search warrant, that member
6		will immediately notify a supervisor who will ensure an
7		internal investigation or formal inquiry ensues.
8		(Source: P.A. 101-652, eff. 7-1-21.)
9		(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
10		(Text of Section before amendment by P.A. 101-652)
11		Sec. 110-5. Determining the amount of bail and conditions
12		of release.
13		(a) In determining the amount of monetary bail or
14		conditions of release, if any, which will reasonably assure
15		the appearance of a defendant as required or the safety of any
16		other person or the community and the likelihood of compliance
17		by the defendant with all the conditions of bail, the court
18		shall, on the basis of available information, take into
19		account such matters as the nature and circumstances of the
20		offense charged, whether the evidence shows that as part of
21		the offense there was a use of violence or threatened use of
22		violence, whether the offense involved corruption of public
23		officials or employees, whether there was physical harm or
24		threats of physical harm to any public official, public
25		employee, judge, prosecutor, juror or witness, senior citizen,

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

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

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

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

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

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

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

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

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

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1		determination whether or not to order the respondent to
2		undergo a risk assessment evaluation or to be placed under
3		electronic surveillance and risk assessment, the court shall
4		document in the record the court's reasons for making those
5		determinations. The cost of the electronic surveillance and
6		risk assessment shall be paid by, or on behalf, of the
7		defendant. As used in this subsection (f), "intimate partner"
8		means a spouse or a current or former partner in a cohabitation
9		or dating relationship.
10		(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18;
11		revised 7-12-19.)
12		(Text of Section after amendment by P.A. 101-652)
13		Sec. 110-5. Determining the amount of bail and conditions
14		of release.
15		(a) In determining which or conditions of pretrial
16		release, if any, which will reasonably assure the appearance
17		of a defendant as required or the safety of any other person or
18		the community and the likelihood of compliance by the
19		defendant with all the conditions of pretrial release, the
20		court shall, on the basis of available information, take into
21		account such matters as:
22		(1) the nature and circumstances of the offense
23		charged;
24		(2) the weight of the evidence against the eligible
25		defendant, except that the court may consider the

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1		admissibility of any evidence sought to be excluded;
2		(3) the history and characteristics of the eligible
3		defendant, including:
4		(A) the eligible defendant's character, physical
5		and mental condition, family ties, employment,
6		financial resources, length of residence in the
7		community, community ties, past relating to drug or
8		alcohol abuse, conduct, history criminal history, and
9		record concerning appearance at court proceedings; and
10		(B) whether, at the time of the current offense or
11		arrest, the eligible defendant was on probation,
12		parole, or on other release pending trial, sentencing,
13		appeal, or completion of sentence for an offense under
14		federal law, or the law of this or any other state;
15		(4) the nature and seriousness of the specific, real
16		and present threat to any person that would be posed by the
17		eligible defendant's release, if applicable; as required
18		under paragraph (7.5) of Section 4 of the Rights of Crime
19		Victims and Witnesses Act; and
20		(5) the nature and seriousness of the risk of
21		obstructing or attempting to obstruct the criminal justice
22		process that would be posed by the eligible defendant's
23		release, if applicable.
24		(b) The court shall impose any conditions that are
25		mandatory under Section 110-10. The court may impose any
26		conditions that are permissible under Section 110-10.

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

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1		(8) based on the severity of the alleged incident that
2		is the basis of the alleged offense, including, but not
3		limited to, the duration of the current incident, and
4		whether the alleged incident involved the use of a weapon,
5		physical injury, sexual assault, strangulation, abuse
6		during the alleged victim's pregnancy, abuse of pets, or
7		forcible entry to gain access to the alleged victim;
8		(9) whether a separation of the person from the victim
9		of abuse or a termination of the relationship between the
10		person and the victim of abuse has recently occurred or is
11		pending;
12		(10) whether the person has exhibited obsessive or
13		controlling behaviors toward the victim of abuse,
14		including, but not limited to, stalking, surveillance, or
15		isolation of the victim of abuse or victim's family member
16		or members;
17		(11) whether the person has expressed suicidal or
18		homicidal ideations;
19		(11.5) any other factors deemed by the court to have a
20		reasonable bearing upon the defendant's propensity or
21		reputation for violent, abusive or assaultive behavior, or
22		lack of that behavior
23		(c) In cases of stalking or aggravated stalking under
24		Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
25		court may consider the following additional factors:
26		(1) Any evidence of the defendant's prior criminal

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1		history indicative of violent, abusive or assaultive
2		behavior, or lack of that behavior. The evidence may
3		include testimony or documents received in juvenile
4		proceedings, criminal, quasi-criminal, civil commitment,
5		domestic relations or other proceedings;
6		(2) Any evidence of the defendant's psychological,
7		psychiatric or other similar social history that tends to
8		indicate a violent, abusive, or assaultive nature, or lack
9		of any such history.
10		(3) The nature of the threat which is the basis of the
11		charge against the defendant;
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		allegedly assaulted by the defendant;
17		(6) Whether the defendant is known to possess or have
18		access to any weapon or weapons;
19		(7) Any other factors deemed by the court to have a
20		reasonable bearing upon the defendant's propensity or
21		reputation for violent, abusive or assaultive behavior, or
22		lack of that behavior.
23		(d) The Court may use a regularly validated risk
24		assessment tool to aid its it determination of appropriate
25		conditions of release as provided for in Section 110-6.4. Risk
26		assessment tools may not be used as the sole basis to deny

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1		pretrial release. If a risk assessment tool is used, the
2		defendant's counsel shall be provided with the information and
3		scoring system of the risk assessment tool used to arrive at
4		the determination. The defendant retains the right to
5		challenge the validity of a risk assessment tool used by the
6		court and to present evidence relevant to the defendant's
7		challenge.
8		(e) If a person remains in pretrial detention after his or
9		her pretrial conditions hearing after having been ordered
10		released with pretrial conditions, the court shall hold a
11		hearing to determine the reason for continued detention. If
12		the reason for continued detention is due to the
13		unavailability or the defendant's ineligibility for one or
14		more pretrial conditions previously ordered by the court or
15		directed by a pretrial services agency, the court shall reopen
16		the conditions of release hearing to determine what available
17		pretrial conditions exist that will reasonably assure the
18		appearance of a defendant as required or the safety of any
19		other person and the likelihood of compliance by the defendant
20		with all the conditions of pretrial release. The inability of
21		Defendant to pay for a condition of release or any other
22		ineligibility for a condition of pretrial release shall not be
23		used as a justification for the pretrial detention of that
24		Defendant.
25		(f) Prior to the defendant's first appearance, the Court
26		shall appoint the public defender or a licensed attorney at

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1		law of this State to represent the Defendant for purposes of
2		that hearing, unless the defendant has obtained licensed
3		counsel for themselves.
4		(g) Electronic monitoring, GPS monitoring, or home
5		confinement can only be imposed condition of pretrial release
6		if a no less restrictive condition of release or combination
7		of less restrictive condition of release would reasonably
8		ensure the appearance of the defendant for later hearings or
9		protect an identifiable person or persons from imminent threat
10		of serious physical harm.
11		(h) If the court imposes electronic monitoring, GPS
12		monitoring, or home confinement the court shall set forth in
13		the record the basis for its finding. A defendant shall be
14		given custodial credit for each day he or she was subjected to
15		that program, at the same rate described in subsection (b) of
16		Section 5-4.5-100 of the unified code of correction.
17		(i) If electronic monitoring, GPS monitoring, or home
18		confinement is imposed, the court shall determine every 60
19		days if no less restrictive condition of release or
20		combination of less restrictive conditions of release would
21		reasonably ensure the appearance, or continued appearance, of
22		the defendant for later hearings or protect an identifiable
23		person or persons from imminent threat of serious physical
24		harm. If the court finds that there are less restrictive
25		conditions of release, the court shall order that the
26		condition be removed. This subsection takes effect January 1,

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1		2022.
2		(j) Crime Victims shall be given notice by the State's
3		Attorney's office of this hearing as required in paragraph (1)
4		of subsection (b) of Section 4.5 of the Rights of Crime Victims
5		and Witnesses Act and shall be informed of their opportunity
6		at this hearing to obtain an order of protection under Article
7		112A of this Code.
8		(Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23.)
9		(725 ILCS 5/110-5.1 rep.)
10		(725 ILCS 5/110-6.3 rep.)
11		(725 ILCS 5/110-6.5 rep.)
12		(725 ILCS 5/110-7 rep.)
13		(725 ILCS 5/110-8 rep.)
14		(725 ILCS 5/110-9 rep.)
15		(725 ILCS 5/110-13 rep.)
16		(725 ILCS 5/110-14 rep.)
17		(725 ILCS 5/110-15 rep.)
18		(725 ILCS 5/110-16 rep.)
19		(725 ILCS 5/110-17 rep.)
20		(725 ILCS 5/110-18 rep.)
21		Section 60. The Code of Criminal Procedure of 1963 is
22		amended by repealing Sections 110-5.1, 110-6.3, 110-6.5,
23		110-7, 110-8, 110-9, 110-13, 110-14, 110-15, 110-16, 110-17,
24		and 110-18. This Section takes effect January 1, 2023.

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1		Section 65. The Unified Code of Corrections is amended by
2		changing Sections 3-6-3, 3-6-7.3, 5-8-1, and 5-8A-4 as
3		follows:
4		(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
5		(Text of Section before amendment by P.A. 101-652)
6		Sec. 3-6-3. Rules and regulations for sentence credit.
7		(a)(1) The Department of Corrections shall prescribe rules
8		and regulations for awarding and revoking sentence credit for
9		persons committed to the Department which shall be subject to
10		review by the Prisoner Review Board.
11		(1.5) As otherwise provided by law, sentence credit may be
12		awarded for the following:
13		(A) successful completion of programming while in
14		custody of the Department or while in custody prior to
15		sentencing;
16		(B) compliance with the rules and regulations of the
17		Department; or
18		(C) service to the institution, service to a
19		community, or service to the State.
20		(2) Except as provided in paragraph (4.7) of this
21		subsection (a), the rules and regulations on sentence credit
22		shall provide, with respect to offenses listed in clause (i),
23		(ii), or (iii) of this paragraph (2) committed on or after June
24		19, 1998 or with respect to the offense listed in clause (iv)
25		of this paragraph (2) committed on or after June 23, 2005 (the

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1		effective date of Public Act 94-71) or with respect to offense
2		listed in clause (vi) committed on or after June 1, 2008 (the
3		effective date of Public Act 95-625) or with respect to the
4		offense of being an armed habitual criminal committed on or
5		after August 2, 2005 (the effective date of Public Act 94-398)
6		or with respect to the offenses listed in clause (v) of this
7		paragraph (2) committed on or after August 13, 2007 (the
8		effective date of Public Act 95-134) or with respect to the
9		offense of aggravated domestic battery committed on or after
10		July 23, 2010 (the effective date of Public Act 96-1224) or
11		with respect to the offense of attempt to commit terrorism
12		committed on or after January 1, 2013 (the effective date of
13		Public 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

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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,

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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

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1		sentence of imprisonment.
2		(2.1) For all offenses, other than those enumerated in
3		subdivision (a)(2)(i), (ii), or (iii) committed on or after
4		June 19, 1998 or subdivision (a)(2)(iv) committed on or after
5		June 23, 2005 (the effective date of Public Act 94-71) or
6		subdivision (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
9		date of Public Act 95-625) or subdivision (a)(2)(vii)
10		committed on or after July 23, 2010 (the effective date of
11		Public Act 96-1224), and other than the offense of aggravated
12		driving under the influence of alcohol, other drug or drugs,
13		or intoxicating compound or compounds, or any combination
14		thereof as defined in subparagraph (F) of paragraph (1) of
15		subsection (d) of Section 11-501 of the Illinois Vehicle Code,
16		and other than the offense of aggravated driving under the
17		influence of alcohol, other drug or drugs, or intoxicating
18		compound or compounds, or any combination thereof as defined
19		in subparagraph (C) of paragraph (1) of subsection (d) of
20		Section 11-501 of the Illinois Vehicle Code committed on or
21		after January 1, 2011 (the effective date of Public Act
22		96-1230), the rules and regulations shall provide that a
23		prisoner who is serving a term of imprisonment shall receive
24		one day of sentence credit for each day of his or her sentence
25		of imprisonment or recommitment under Section 3-3-9. Each day
26		of sentence credit shall reduce by one day the prisoner's

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

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1		(2.5) Except as provided in paragraph (4.7) of this
2		subsection (a), the rules and regulations on sentence credit
3		shall provide that a prisoner who is serving a sentence for
4		aggravated arson committed on or after July 27, 2001 (the
5		effective date of Public Act 92-176) shall receive no more
6		than 4.5 days of sentence credit for each month of his or her
7		sentence of imprisonment.
8		(2.6) Except as provided in paragraph (4.7) of this
9		subsection (a), the rules and regulations on sentence credit
10		shall provide that a prisoner who is serving a sentence for
11		aggravated driving under the influence of alcohol, other drug
12		or drugs, or intoxicating compound or compounds or any
13		combination thereof as defined in subparagraph (C) of
14		paragraph (1) of subsection (d) of Section 11-501 of the
15		Illinois Vehicle Code committed on or after January 1, 2011
16		(the effective date of Public Act 96-1230) shall receive no
17		more than 4.5 days of sentence credit for each month of his or
18		her sentence of imprisonment.
19		(3) In addition to the sentence credits earned under
20		paragraphs (2.1), (4), (4.1), and (4.7) of this subsection
21		(a), the rules and regulations shall also provide that the
22		Director may award up to 180 days of earned sentence credit for
23		good conduct in specific instances as the Director deems
24		proper. The good conduct may include, but is not limited to,
25		compliance with the rules and regulations of the Department,
26		service to the Department, service to a community, or service

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1		to the State.
2		Eligible inmates for an award of earned sentence credit
3		under this paragraph (3) may be selected to receive the credit
4		at the Director's or his or her designee's sole discretion.
5		Eligibility for the additional earned sentence credit under
6		this paragraph (3) shall be based on, but is not limited to,
7		the results of any available risk/needs assessment or other
8		relevant assessments or evaluations administered by the
9		Department using a validated instrument, the circumstances of
10		the crime, any history of conviction for a forcible felony
11		enumerated in Section 2-8 of the Criminal Code of 2012, the
12		inmate's behavior and disciplinary history while incarcerated,
13		and the inmate's commitment to rehabilitation, including
14		participation in programming offered by the Department.
15		The Director shall not award sentence credit under this
16		paragraph (3) to an inmate unless the inmate has served a
17		minimum of 60 days of the sentence; except nothing in this
18		paragraph shall be construed to permit the Director to extend
19		an inmate's sentence beyond that which was imposed by the
20		court. Prior to awarding credit under this paragraph (3), the
21		Director shall make a written determination that the inmate:
22		(A) is eligible for the earned sentence credit;
23		(B) has served a minimum of 60 days, or as close to 60
24		days as the sentence will allow;
25		(B-1) has received a risk/needs assessment or other
26		relevant evaluation or assessment administered by the

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1		Department using a validated instrument; and
2		(C) has met the eligibility criteria established by
3		rule for earned sentence credit.
4		The Director shall determine the form and content of the
5		written determination required in this subsection.
6		(3.5) The Department shall provide annual written reports
7		to the Governor and the General Assembly on the award of earned
8		sentence credit no later than February 1 of each year. The
9		Department must publish both reports on its website within 48
10		hours of transmitting the reports to the Governor and the
11		General Assembly. The reports must include:
12		(A) the number of inmates awarded earned sentence
13		credit;
14		(B) the average amount of earned sentence credit
15		awarded;
16		(C) the holding offenses of inmates awarded earned
17		sentence credit; and
18		(D) the number of earned sentence credit revocations.
19		(4)(A) Except as provided in paragraph (4.7) of this
20		subsection (a), the rules and regulations shall also provide
21		that any prisoner who is engaged full-time in substance abuse
22		programs, correctional industry assignments, educational
23		programs, pregnancy or parenting education programs,
24		work-release programs or activities in accordance with Section
25		3-13-1, the sentence credit accumulated and retained under
26		paragraph (2.1) of subsection (a) of this Section by any

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1		inmate during specific periods of time in which such inmate is
2		engaged full-time in substance abuse programs, correctional
3		industry assignments, educational programs, behavior
4		modification programs, life skills courses, or re-entry
5		planning provided by the Department under this paragraph (4)
6		and satisfactorily completes the assigned program as
7		determined by the standards of the Department, shall be
8		multiplied by a factor of 1.25 for program participation
9		before August 11, 1993 and 1.50 for program participation on
10		or after that date. The rules and regulations shall also
11		provide that sentence credit, subject to the same offense
12		limits and multiplier provided in this paragraph, may be
13		provided to an inmate who was held in pre-trial detention
14		prior to his or her current commitment to the Department of
15		Corrections and successfully completed a full-time, 60-day or
16		longer substance abuse program, educational program, behavior
17		modification program, life skills course, or re-entry planning
18		provided by the county department of corrections or county
19		jail. Calculation of this county program credit shall be done
20		at sentencing as provided in Section 5-4.5-100 of this Code
21		and shall be included in the sentencing order. However, no
22		inmate shall be eligible for the additional sentence credit
23		under this paragraph (4) or (4.1) of this subsection (a) while
24		assigned to a boot camp or electronic detention.
25		(B) The Department shall award sentence credit under this
26		paragraph (4) accumulated prior to January 1, 2020 (the

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1		effective date of Public Act 101-440) this amendatory Act of
2		the 101st General Assembly in an amount specified in
3		subparagraph (C) of this paragraph (4) to an inmate serving a
4		sentence for an offense committed prior to June 19, 1998, if
5		the Department determines that the inmate is entitled to this
6		sentence credit, based upon:
7		(i) documentation provided by the Department that the
8		inmate engaged in any full-time substance abuse programs,
9		correctional industry assignments, educational programs,
10		behavior modification programs, life skills courses, or
11		re-entry planning provided by the Department under this
12		paragraph (4) and satisfactorily completed the assigned
13		program as determined by the standards of the Department
14		during the inmate's current term of incarceration; or
15		(ii) the inmate's own testimony in the form of an
16		affidavit or documentation, or a third party's
17		documentation or testimony in the form of an affidavit
18		that the inmate likely engaged in any full-time substance
19		abuse programs, correctional industry assignments,
20		educational programs, behavior modification programs, life
21		skills courses, or re-entry planning provided by the
22		Department under paragraph (4) and satisfactorily
23		completed the assigned program as determined by the
24		standards of the Department during the inmate's current
25		term of incarceration.
26		(C) If the inmate can provide documentation that he or she

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1		is entitled to sentence credit under subparagraph (B) in
2		excess of 45 days of participation in those programs, the
3		inmate shall receive 90 days of sentence credit. If the inmate
4		cannot provide documentation of more than 45 days of
5		participation in those programs, the inmate shall receive 45
6		days of sentence credit. In the event of a disagreement
7		between the Department and the inmate as to the amount of
8		credit accumulated under subparagraph (B), if the Department
9		provides documented proof of a lesser amount of days of
10		participation in those programs, that proof shall control. If
11		the Department provides no documentary proof, the inmate's
12		proof as set forth in clause (ii) of subparagraph (B) shall
13		control as to the amount of sentence credit provided.
14		(D) If the inmate has been convicted of a sex offense as
15		defined in Section 2 of the Sex Offender Registration Act,
16		sentencing credits under subparagraph (B) of this paragraph
17		(4) shall be awarded by the Department only if the conditions
18		set forth in paragraph (4.6) of subsection (a) are satisfied.
19		No inmate serving a term of natural life imprisonment shall
20		receive sentence credit under subparagraph (B) of this
21		paragraph (4).
22		Educational, vocational, substance abuse, behavior
23		modification programs, life skills courses, re-entry planning,
24		and correctional industry programs under which sentence credit
25		may be increased under this paragraph (4) and paragraph (4.1)
26		of this subsection (a) shall be evaluated by the Department on

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1		the basis of documented standards. The Department shall report
2		the results of these evaluations to the Governor and the
3		General Assembly by September 30th of each year. The reports
4		shall include data relating to the recidivism rate among
5		program participants.
6		Availability of these programs shall be subject to the
7		limits of fiscal resources appropriated by the General
8		Assembly for these purposes. Eligible inmates who are denied
9		immediate admission shall be placed on a waiting list under
10		criteria established by the Department. The inability of any
11		inmate to become engaged in any such programs by reason of
12		insufficient program resources or for any other reason
13		established under the rules and regulations of the Department
14		shall not be deemed a cause of action under which the
15		Department or any employee or agent of the Department shall be
16		liable for damages to the inmate.
17		(4.1) Except as provided in paragraph (4.7) of this
18		subsection (a), the rules and regulations shall also provide
19		that an additional 90 days of sentence credit shall be awarded
20		to any prisoner who passes high school equivalency testing
21		while the prisoner is committed to the Department of
22		Corrections. The sentence credit awarded under this paragraph
23		(4.1) shall be in addition to, and shall not affect, the award
24		of sentence credit under any other paragraph of this Section,
25		but shall also be pursuant to the guidelines and restrictions
26		set forth in paragraph (4) of subsection (a) of this Section.

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1		The sentence credit provided for in this paragraph shall be
2		available only to those prisoners who have not previously
3		earned a high school diploma or a high school equivalency
4		certificate. If, after an award of the high school equivalency
5		testing sentence credit has been made, the Department
6		determines that the prisoner was not eligible, then the award
7		shall be revoked. The Department may also award 90 days of
8		sentence credit to any committed person who passed high school
9		equivalency testing while he or she was held in pre-trial
10		detention prior to the current commitment to the Department of
11		Corrections.
12		Except as provided in paragraph (4.7) of this subsection
13		(a), the rules and regulations shall provide that an
14		additional 180 days of sentence credit shall be awarded to any
15		prisoner who obtains a bachelor's degree while the prisoner is
16		committed to the Department of Corrections. The sentence
17		credit awarded under this paragraph (4.1) shall be in addition
18		to, and shall not affect, the award of sentence credit under
19		any other paragraph of this Section, but shall also be under
20		the guidelines and restrictions set forth in paragraph (4) of
21		this subsection (a). The sentence credit provided for in this
22		paragraph shall be available only to those prisoners who have
23		not earned a bachelor's degree prior to the current commitment
24		to the Department of Corrections. If, after an award of the
25		bachelor's degree sentence credit has been made, the
26		Department determines that the prisoner was not eligible, then

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

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1		(4.5) The rules and regulations on sentence credit shall
2		also provide that when the court's sentencing order recommends
3		a prisoner for substance abuse treatment and the crime was
4		committed on or after September 1, 2003 (the effective date of
5		Public Act 93-354), the prisoner shall receive no sentence
6		credit awarded under clause (3) of this subsection (a) unless
7		he or she participates in and completes a substance abuse
8		treatment program. The Director may waive the requirement to
9		participate in or complete a substance abuse treatment program
10		in specific instances if the prisoner is not a good candidate
11		for a substance abuse treatment program for medical,
12		programming, or operational reasons. Availability of substance
13		abuse treatment shall be subject to the limits of fiscal
14		resources appropriated by the General Assembly for these
15		purposes. If treatment is not available and the requirement to
16		participate and complete the treatment has not been waived by
17		the Director, the prisoner shall be placed on a waiting list
18		under criteria established by the Department. The Director may
19		allow a prisoner placed on a waiting list to participate in and
20		complete a substance abuse education class or attend substance
21		abuse self-help meetings in lieu of a substance abuse
22		treatment program. A prisoner on a waiting list who is not
23		placed in a substance abuse program prior to release may be
24		eligible for a waiver and receive sentence credit under clause
25		(3) of this subsection (a) at the discretion of the Director.
26		(4.6) The rules and regulations on sentence credit shall

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1		also provide that a prisoner who has been convicted of a sex
2		offense as defined in Section 2 of the Sex Offender
3		Registration Act shall receive no sentence credit unless he or
4		she either has successfully completed or is participating in
5		sex offender treatment as defined by the Sex Offender
6		Management Board. However, prisoners who are waiting to
7		receive treatment, but who are unable to do so due solely to
8		the lack of resources on the part of the Department, may, at
9		the Director's sole discretion, be awarded sentence credit at
10		a rate as the Director shall determine.
11		(4.7) On or after January 1, 2018 (the effective date of
12		Public Act 100-3) this amendatory Act of the 100th General
13		Assembly, sentence credit under paragraph (3), (4), or (4.1)
14		of this subsection (a) may be awarded to a prisoner who is
15		serving a sentence for an offense described in paragraph (2),
16		(2.3), (2.4), (2.5), or (2.6) for credit earned on or after
17		January 1, 2018 (the effective date of Public Act 100-3) this
18		amendatory Act of the 100th General Assembly; provided, the
19		award of the credits under this paragraph (4.7) shall not
20		reduce the sentence of the prisoner to less than the following
21		amounts:
22		(i) 85% of his or her sentence if the prisoner is
23		required to serve 85% of his or her sentence; or
24		(ii) 60% of his or her sentence if the prisoner is
25		required to serve 75% of his or her sentence, except if the
26		prisoner is serving a sentence for gunrunning his or her

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1		sentence shall not be reduced to less than 75%.
2		(iii) 100% of his or her sentence if the prisoner is
3		required to serve 100% of his or her sentence.
4		(5) Whenever the Department is to release any inmate
5		earlier than it otherwise would because of a grant of earned
6		sentence credit under paragraph (3) of subsection (a) of this
7		Section given at any time during the term, the Department
8		shall give reasonable notice of the impending release not less
9		than 14 days prior to the date of the release to the State's
10		Attorney of the county where the prosecution of the inmate
11		took place, and if applicable, the State's Attorney of the
12		county into which the inmate will be released. The Department
13		must also make identification information and a recent photo
14		of the inmate being released accessible on the Internet by
15		means of a hyperlink labeled "Community Notification of Inmate
16		Early Release" on the Department's World Wide Web homepage.
17		The identification information shall include the inmate's:
18		name, any known alias, date of birth, physical
19		characteristics, commitment offense, and county where
20		conviction was imposed. The identification information shall
21		be placed on the website within 3 days of the inmate's release
22		and the information may not be removed until either:
23		completion of the first year of mandatory supervised release
24		or return of the inmate to custody of the Department.
25		(b) Whenever a person is or has been committed under
26		several convictions, with separate sentences, the sentences

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1		shall be construed under Section 5-8-4 in granting and
2		forfeiting of sentence credit.
3		(c) The Department shall prescribe rules and regulations
4		for revoking sentence credit, including revoking sentence
5		credit awarded under paragraph (3) of subsection (a) of this
6		Section. The Department shall prescribe rules and regulations
7		for suspending or reducing the rate of accumulation of
8		sentence credit for specific rule violations, during
9		imprisonment. These rules and regulations shall provide that
10		no inmate may be penalized more than one year of sentence
11		credit for any one infraction.
12		When the Department seeks to revoke, suspend, or reduce
13		the rate of accumulation of any sentence credits for an
14		alleged infraction of its rules, it shall bring charges
15		therefor against the prisoner sought to be so deprived of
16		sentence credits before the Prisoner Review Board as provided
17		in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
18		amount of credit at issue exceeds 30 days or when, during any
19		12-month 12 month period, the cumulative amount of credit
20		revoked exceeds 30 days except where the infraction is
21		committed or discovered within 60 days of scheduled release.
22		In those cases, the Department of Corrections may revoke up to
23		30 days of sentence credit. The Board may subsequently approve
24		the revocation of additional sentence credit, if the
25		Department seeks to revoke sentence credit in excess of 30
26		days. However, the Board shall not be empowered to review the

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1		Department's decision with respect to the loss of 30 days of
2		sentence credit within any calendar year for any prisoner or
3		to increase any penalty beyond the length requested by the
4		Department.
5		The Director of the Department of Corrections, in
6		appropriate cases, may restore up to 30 days of sentence
7		credits which have been revoked, suspended, or reduced. Any
8		restoration of sentence credits in excess of 30 days shall be
9		subject to review by the Prisoner Review Board. However, the
10		Board may not restore sentence credit in excess of the amount
11		requested by the Director.
12		Nothing contained in this Section shall prohibit the
13		Prisoner Review Board from ordering, pursuant to Section
14		3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
15		sentence imposed by the court that was not served due to the
16		accumulation of sentence credit.
17		(d) If a lawsuit is filed by a prisoner in an Illinois or
18		federal court against the State, the Department of
19		Corrections, or the Prisoner Review Board, or against any of
20		their officers or employees, and the court makes a specific
21		finding that a pleading, motion, or other paper filed by the
22		prisoner is frivolous, the Department of Corrections shall
23		conduct a hearing to revoke up to 180 days of sentence credit
24		by bringing charges against the prisoner sought to be deprived
25		of the sentence credits before the Prisoner Review Board as
26		provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

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1		If the prisoner has not accumulated 180 days of sentence
2		credit at the time of the finding, then the Prisoner Review
3		Board may revoke all sentence credit accumulated by the
4		prisoner.
5		For purposes of this subsection (d):
6		(1) "Frivolous" means that a pleading, motion, or
7		other filing which purports to be a legal document filed
8		by a prisoner in his or her lawsuit meets any or all of the
9		following criteria:
10		(A) it lacks an arguable basis either in law or in
11		fact;
12		(B) it is being presented for any improper
13		purpose, such as to harass or to cause unnecessary
14		delay or needless increase in the cost of litigation;
15		(C) the claims, defenses, and other legal
16		contentions therein are not warranted by existing law
17		or by a nonfrivolous argument for the extension,
18		modification, or reversal of existing law or the
19		establishment of new law;
20		(D) the allegations and other factual contentions
21		do not have evidentiary support or, if specifically so
22		identified, are not likely to have evidentiary support
23		after a reasonable opportunity for further
24		investigation or discovery; or
25		(E) the denials of factual contentions are not
26		warranted on the evidence, or if specifically so

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1		identified, are not reasonably based on a lack of
2		information or belief.
3		(2) "Lawsuit" means a motion pursuant to Section 116-3
4		of the Code of Criminal Procedure of 1963, a habeas corpus
5		action under Article X of the Code of Civil Procedure or
6		under federal law (28 U.S.C. 2254), a petition for claim
7		under the Court of Claims Act, an action under the federal
8		Civil Rights Act (42 U.S.C. 1983), or a second or
9		subsequent petition for post-conviction relief under
10		Article 122 of the Code of Criminal Procedure of 1963
11		whether filed with or without leave of court or a second or
12		subsequent petition for relief from judgment under Section
13		2-1401 of the Code of Civil Procedure.
14		(e) Nothing in Public Act 90-592 or 90-593 affects the
15		validity of Public Act 89-404.
16		(f) Whenever the Department is to release any inmate who
17		has been convicted of a violation of an order of protection
18		under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
19		the Criminal Code of 2012, earlier than it otherwise would
20		because of a grant of sentence credit, the Department, as a
21		condition of release, shall require that the person, upon
22		release, be placed under electronic surveillance as provided
23		in Section 5-8A-7 of this Code.
24		(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
25		101-440, eff. 1-1-20; revised 8-19-20.)

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1		(Text of Section after amendment by P.A. 101-652)
2		Sec. 3-6-3. Rules and regulations for sentence credit.
3		(a)(1) The Department of Corrections shall prescribe rules
4		and regulations for awarding and revoking sentence credit for
5		persons committed to the Department which shall be subject to
6		review by the Prisoner Review Board.
7		(1.5) As otherwise provided by law, sentence credit may be
8		awarded for the following:
9		(A) successful completion of programming while in
10		custody of the Department or while in custody prior to
11		sentencing;
12		(B) compliance with the rules and regulations of the
13		Department; or
14		(C) service to the institution, service to a
15		community, or service to the State.
16		(2) Except as provided in paragraph (4.7) of this
17		subsection (a), the rules and regulations on sentence credit
18		shall provide, with respect to offenses listed in clause (i),
19		(ii), or (iii) of this paragraph (2) committed on or after June
20		19, 1998 or with respect to the offense listed in clause (iv)
21		of this paragraph (2) committed on or after June 23, 2005 (the
22		effective date of Public Act 94-71) or with respect to offense
23		listed in clause (vi) committed on or after June 1, 2008 (the
24		effective date of Public Act 95-625) or with respect to the
25		offense of being an armed habitual criminal committed on or
26		after August 2, 2005 (the effective date of Public Act 94-398)

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1		or with respect to the offenses listed in clause (v) of this
2		paragraph (2) committed on or after August 13, 2007 (the
3		effective date of Public Act 95-134) or with respect to the
4		offense of aggravated domestic battery committed on or after
5		July 23, 2010 (the effective date of Public Act 96-1224) or
6		with respect to the offense of attempt to commit terrorism
7		committed on or after January 1, 2013 (the effective date of
8		Public Act 97-990), the following:
9		(i) that a prisoner who is serving a term of
10		imprisonment for first degree murder or for the offense of
11		terrorism shall receive no sentence credit and shall serve
12		the entire sentence imposed by the court;
13		(ii) that a prisoner serving a sentence for attempt to
14		commit terrorism, attempt to commit first degree murder,
15		solicitation of murder, solicitation of murder for hire,
16		intentional homicide of an unborn child, predatory
17		criminal sexual assault of a child, aggravated criminal
18		sexual assault, criminal sexual assault, aggravated
19		kidnapping, aggravated battery with a firearm as described
20		in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
21		or (e)(4) of Section 12-3.05, heinous battery as described
22		in Section 12-4.1 or subdivision (a)(2) of Section
23		12-3.05, being an armed habitual criminal, aggravated
24		battery of a senior citizen as described in Section 12-4.6
25		or subdivision (a)(4) of Section 12-3.05, or aggravated
26		battery of a child as described in Section 12-4.3 or

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1		subdivision (b)(1) of Section 12-3.05 shall receive no
2		more than 4.5 days of sentence credit for each month of his
3		or her sentence of imprisonment;
4		(iii) that a prisoner serving a sentence for home
5		invasion, armed robbery, aggravated vehicular hijacking,
6		aggravated discharge of a firearm, or armed violence with
7		a category I weapon or category II weapon, when the court
8		has made and entered a finding, pursuant to subsection
9		(c-1) of Section 5-4-1 of this Code, that the conduct
10		leading to conviction for the enumerated offense resulted
11		in great bodily harm to a victim, shall receive no more
12		than 4.5 days of sentence credit for each month of his or
13		her sentence of imprisonment;
14		(iv) that a prisoner serving a sentence for aggravated
15		discharge of a firearm, whether or not the conduct leading
16		to conviction for the offense resulted in great bodily
17		harm to the victim, shall receive no more than 4.5 days of
18		sentence credit for each month of his or her sentence of
19		imprisonment;
20		(v) that a person serving a sentence for gunrunning,
21		narcotics racketeering, controlled substance trafficking,
22		methamphetamine trafficking, drug-induced homicide,
23		aggravated methamphetamine-related child endangerment,
24		money laundering pursuant to clause (c) (4) or (5) of
25		Section 29B-1 of the Criminal Code of 1961 or the Criminal
26		Code of 2012, or a Class X felony conviction for delivery

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1		of a controlled substance, possession of a controlled
2		substance with intent to manufacture or deliver,
3		calculated criminal drug conspiracy, criminal drug
4		conspiracy, street gang criminal drug conspiracy,
5		participation in methamphetamine manufacturing,
6		aggravated participation in methamphetamine
7		manufacturing, delivery of methamphetamine, possession
8		with intent to deliver methamphetamine, aggravated
9		delivery of methamphetamine, aggravated possession with
10		intent to deliver methamphetamine, methamphetamine
11		conspiracy when the substance containing the controlled
12		substance or methamphetamine is 100 grams or more shall
13		receive no more than 7.5 days sentence credit for each
14		month of his or her sentence of imprisonment;
15		(vi) that a prisoner serving a sentence for a second
16		or subsequent offense of luring a minor shall receive no
17		more than 4.5 days of sentence credit for each month of his
18		or her sentence of imprisonment; and
19		(vii) that a prisoner serving a sentence for
20		aggravated domestic battery shall receive no more than 4.5
21		days of sentence credit for each month of his or her
22		sentence of imprisonment.
23		(2.1) For all offenses, other than those enumerated in
24		subdivision (a)(2)(i), (ii), or (iii) committed on or after
25		June 19, 1998 or subdivision (a)(2)(iv) committed on or after
26		June 23, 2005 (the effective date of Public Act 94-71) or

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1		subdivision (a)(2)(v) committed on or after August 13, 2007
2		(the effective date of Public Act 95-134) or subdivision
3		(a)(2)(vi) committed on or after June 1, 2008 (the effective
4		date of Public Act 95-625) or subdivision (a)(2)(vii)
5		committed on or after July 23, 2010 (the effective date of
6		Public Act 96-1224), and other than the offense of aggravated
7		driving under the influence of alcohol, other drug or drugs,
8		or intoxicating compound or compounds, or any combination
9		thereof as defined in subparagraph (F) of paragraph (1) of
10		subsection (d) of Section 11-501 of the Illinois Vehicle Code,
11		and other than the offense of aggravated driving under the
12		influence of alcohol, other drug or drugs, or intoxicating
13		compound or compounds, or any combination thereof as defined
14		in subparagraph (C) of paragraph (1) of subsection (d) of
15		Section 11-501 of the Illinois Vehicle Code committed on or
16		after January 1, 2011 (the effective date of Public Act
17		96-1230), the rules and regulations shall provide that a
18		prisoner who is serving a term of imprisonment shall receive
19		one day of sentence credit for each day of his or her sentence
20		of imprisonment or recommitment under Section 3-3-9. Each day
21		of sentence credit shall reduce by one day the prisoner's
22		period of imprisonment or recommitment under Section 3-3-9.
23		(2.2) A prisoner serving a term of natural life
24		imprisonment or a prisoner who has been sentenced to death
25		shall receive no sentence credit.
26		(2.3) Except as provided in paragraph (4.7) of this

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1		subsection (a), the rules and regulations on sentence credit
2		shall provide that a prisoner who is serving a sentence for
3		aggravated driving under the influence of alcohol, other drug
4		or drugs, or intoxicating compound or compounds, or any
5		combination thereof as defined in subparagraph (F) of
6		paragraph (1) of subsection (d) of Section 11-501 of the
7		Illinois Vehicle Code, shall receive no more than 4.5 days of
8		sentence credit for each month of his or her sentence of
9		imprisonment.
10		(2.4) Except as provided in paragraph (4.7) of this
11		subsection (a), the rules and regulations on sentence credit
12		shall provide with respect to the offenses of aggravated
13		battery with a machine gun or a firearm equipped with any
14		device or attachment designed or used for silencing the report
15		of a firearm or aggravated discharge of a machine gun or a
16		firearm equipped with any device or attachment designed or
17		used for silencing the report of a firearm, committed on or
18		after July 15, 1999 (the effective date of Public Act 91-121),
19		that a prisoner serving a sentence for any of these offenses
20		shall receive no more than 4.5 days of sentence credit for each
21		month of his or her sentence of imprisonment.
22		(2.5) Except as provided in paragraph (4.7) of this
23		subsection (a), the rules and regulations on sentence credit
24		shall provide that a prisoner who is serving a sentence for
25		aggravated arson committed on or after July 27, 2001 (the
26		effective date of Public Act 92-176) shall receive no more

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1		than 4.5 days of sentence credit for each month of his or her
2		sentence of imprisonment.
3		(2.6) Except as provided in paragraph (4.7) of this
4		subsection (a), the rules and regulations on sentence credit
5		shall provide that a prisoner who is serving a sentence for
6		aggravated driving under the influence of alcohol, other drug
7		or drugs, or intoxicating compound or compounds or any
8		combination thereof as defined in subparagraph (C) of
9		paragraph (1) of subsection (d) of Section 11-501 of the
10		Illinois Vehicle Code committed on or after January 1, 2011
11		(the effective date of Public Act 96-1230) shall receive no
12		more than 4.5 days of sentence credit for each month of his or
13		her sentence of imprisonment.
14		(3) In addition to the sentence credits earned under
15		paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
16		subsection (a), the rules and regulations shall also provide
17		that the Director may award up to 180 days of earned sentence
18		credit for prisoners serving a sentence of incarceration of
19		less than 5 years, and up to 365 days of earned sentence credit
20		for prisoners serving a sentence of 5 years or longer. The
21		Director may grant this credit for good conduct in specific
22		instances as the Director deems proper. The good conduct may
23		include, but is not limited to, compliance with the rules and
24		regulations of the Department, service to the Department,
25		service to a community, or service to the State.
26		Eligible inmates for an award of earned sentence credit

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1		under this paragraph (3) may be selected to receive the credit
2		at the Director's or his or her designee's sole discretion.
3		Eligibility for the additional earned sentence credit under
4		this paragraph (3) may be based on, but is not limited to,
5		participation in programming offered by the Department
6		department as appropriate for the prisoner based on the
7		results of any available risk/needs assessment or other
8		relevant assessments or evaluations administered by the
9		Department using a validated instrument, the circumstances of
10		the crime, demonstrated commitment to rehabilitation by a
11		prisoner with a history of conviction for a forcible felony
12		enumerated in Section 2-8 of the Criminal Code of 2012, the
13		inmate's behavior and improvements in disciplinary history
14		while incarcerated, and the inmate's commitment to
15		rehabilitation, including participation in programming offered
16		by the Department.
17		The Director shall not award sentence credit under this
18		paragraph (3) to an inmate unless the inmate has served a
19		minimum of 60 days of the sentence; except nothing in this
20		paragraph shall be construed to permit the Director to extend
21		an inmate's sentence beyond that which was imposed by the
22		court. Prior to awarding credit under this paragraph (3), the
23		Director shall make a written determination that the inmate:
24		(A) is eligible for the earned sentence credit;
25		(B) has served a minimum of 60 days, or as close to 60
26		days as the sentence will allow;

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1		(B-1) has received a risk/needs assessment or other
2		relevant evaluation or assessment administered by the
3		Department using a validated instrument; and
4		(C) has met the eligibility criteria established by
5		rule for earned sentence credit.
6		The Director shall determine the form and content of the
7		written determination required in this subsection.
8		(3.5) The Department shall provide annual written reports
9		to the Governor and the General Assembly on the award of earned
10		sentence credit no later than February 1 of each year. The
11		Department must publish both reports on its website within 48
12		hours of transmitting the reports to the Governor and the
13		General Assembly. The reports must include:
14		(A) the number of inmates awarded earned sentence
15		credit;
16		(B) the average amount of earned sentence credit
17		awarded;
18		(C) the holding offenses of inmates awarded earned
19		sentence credit; and
20		(D) the number of earned sentence credit revocations.
21		(4)(A) Except as provided in paragraph (4.7) of this
22		subsection (a), the rules and regulations shall also provide
23		that any prisoner who is engaged full-time in substance abuse
24		programs, correctional industry assignments, educational
25		programs, work-release programs or activities in accordance
26		with Article 13 of Chapter III of this Code 730 ILCS 5/3-13-1

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1		et seq., behavior modification programs, life skills courses,
2		or re-entry planning provided by the Department under this
3		paragraph (4) and satisfactorily completes the assigned
4		program as determined by the standards of the Department,
5		shall receive [one day] of sentence credit for each day in
6		which that prisoner is engaged in the activities described in
7		this paragraph. The rules and regulations shall also provide
8		that sentence credit may be provided to an inmate who was held
9		in pre-trial detention prior to his or her current commitment
10		to the Department of Corrections and successfully completed a
11		full-time, 60-day or longer substance abuse program,
12		educational program, behavior modification program, life
13		skills course, or re-entry planning provided by the county
14		department of corrections or county jail. Calculation of this
15		county program credit shall be done at sentencing as provided
16		in Section 5-4.5-100 of this Code and shall be included in the
17		sentencing order. The rules and regulations shall also provide
18		that sentence credit may be provided to an inmate who is in
19		compliance with programming requirements in an adult
20		transition center.
21		(B) The Department shall award sentence credit under this
22		paragraph (4) accumulated prior to January 1, 2020 (the
23		effective date of Public Act 101-440) in an amount specified
24		in subparagraph (C) of this paragraph (4) to an inmate serving
25		a sentence for an offense committed prior to June 19, 1998, if
26		the Department determines that the inmate is entitled to this

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1		sentence credit, based upon:
2		(i) documentation provided by the Department that the
3		inmate engaged in any full-time substance abuse programs,
4		correctional industry assignments, educational programs,
5		behavior modification programs, life skills courses, or
6		re-entry planning provided by the Department under this
7		paragraph (4) and satisfactorily completed the assigned
8		program as determined by the standards of the Department
9		during the inmate's current term of incarceration; or
10		(ii) the inmate's own testimony in the form of an
11		affidavit or documentation, or a third party's
12		documentation or testimony in the form of an affidavit
13		that the inmate likely engaged in any full-time substance
14		abuse programs, correctional industry assignments,
15		educational programs, behavior modification programs, life
16		skills courses, or re-entry planning provided by the
17		Department under paragraph (4) and satisfactorily
18		completed the assigned program as determined by the
19		standards of the Department during the inmate's current
20		term of incarceration.
21		(C) If the inmate can provide documentation that he or she
22		is entitled to sentence credit under subparagraph (B) in
23		excess of 45 days of participation in those programs, the
24		inmate shall receive 90 days of sentence credit. If the inmate
25		cannot provide documentation of more than 45 days of
26		participation in those programs, the inmate shall receive 45

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1		days of sentence credit. In the event of a disagreement
2		between the Department and the inmate as to the amount of
3		credit accumulated under subparagraph (B), if the Department
4		provides documented proof of a lesser amount of days of
5		participation in those programs, that proof shall control. If
6		the Department provides no documentary proof, the inmate's
7		proof as set forth in clause (ii) of subparagraph (B) shall
8		control as to the amount of sentence credit provided.
9		(D) If the inmate has been convicted of a sex offense as
10		defined in Section 2 of the Sex Offender Registration Act,
11		sentencing credits under subparagraph (B) of this paragraph
12		(4) shall be awarded by the Department only if the conditions
13		set forth in paragraph (4.6) of subsection (a) are satisfied.
14		No inmate serving a term of natural life imprisonment shall
15		receive sentence credit under subparagraph (B) of this
16		paragraph (4).
17		Educational, vocational, substance abuse, behavior
18		modification programs, life skills courses, re-entry planning,
19		and correctional industry programs under which sentence credit
20		may be earned increased under this paragraph (4) and paragraph
21		(4.1) of this subsection (a) shall be evaluated by the
22		Department on the basis of documented standards. The
23		Department shall report the results of these evaluations to
24		the Governor and the General Assembly by September 30th of
25		each year. The reports shall include data relating to the
26		recidivism rate among program participants.

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1		Availability of these programs shall be subject to the
2		limits of fiscal resources appropriated by the General
3		Assembly for these purposes. Eligible inmates who are denied
4		immediate admission shall be placed on a waiting list under
5		criteria established by the Department. The rules and
6		regulations shall provide that a prisoner who has been placed
7		on a waiting list but is transferred for non-disciplinary
8		reasons before beginning a program shall receive priority
9		placement on the waitlist for appropriate programs at the new
10		facility. The inability of any inmate to become engaged in any
11		such programs by reason of insufficient program resources or
12		for any other reason established under the rules and
13		regulations of the Department shall not be deemed a cause of
14		action under which the Department or any employee or agent of
15		the Department shall be liable for damages to the inmate. The
16		rules and regulations shall provide that a prisoner who begins
17		an educational, vocational, substance abuse, work-release
18		programs or activities in accordance with Article 13 of
19		Chapter III of this Code 730 ILCS 5/3-13-1 et seq., behavior
20		modification program, life skills course, re-entry planning,
21		or correctional industry programs but is unable to complete
22		the program due to illness, disability, transfer, lockdown, or
23		another reason outside of the prisoner's control shall receive
24		prorated sentence credits for the days in which the prisoner
25		did participate.
26		(4.1) Except as provided in paragraph (4.7) of this

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

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1		Public Act 101-652) this amendatory Act of the 101st General
2		Assembly. The sentence credit awarded under this paragraph
3		(4.1) shall be in addition to, and shall not affect, the award
4		of sentence credit under any other paragraph of this Section,
5		but shall also be under the guidelines and restrictions set
6		forth in paragraph (4) of subsection (a) of this Section. The
7		sentence credit provided for in this paragraph (4.1) shall be
8		available only to those prisoners who have not previously
9		earned an associate degree prior to the current commitment to
10		the Department of Corrections. If, after an award of the
11		associate degree sentence credit has been made and the
12		Department determines that the prisoner was not eligible, then
13		the award shall be revoked. The Department may also award 120
14		days of sentence credit to any committed person who earned an
15		associate degree while he or she was held in pre-trial
16		detention prior to the current commitment to the Department of
17		Corrections.
18		Except as provided in paragraph (4.7) of this subsection
19		(a), the rules and regulations shall provide that an
20		additional 180 days of sentence credit shall be awarded to any
21		prisoner who obtains a bachelor's degree while the prisoner is
22		committed to the Department of Corrections. The sentence
23		credit awarded under this paragraph (4.1) shall be in addition
24		to, and shall not affect, the award of sentence credit under
25		any other paragraph of this Section, but shall also be under
26		the guidelines and restrictions set forth in paragraph (4) of

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

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1		Department determines that the prisoner was not eligible, then
2		the award shall be revoked. The Department may also award 180
3		days of sentence credit to any committed person who earned a
4		master's or professional degree while he or she was held in
5		pre-trial detention prior to the current commitment to the
6		Department of Corrections.
7		(4.2) The rules and regulations shall also provide that
8		any prisoner engaged in self-improvement programs, volunteer
9		work, or work assignments that are not otherwise eligible
10		activities under paragraph section (4), shall receive up to
11		0.5 days of sentence credit for each day in which the prisoner
12		is engaged in activities described in this paragraph.
13		(4.5) The rules and regulations on sentence credit shall
14		also provide that when the court's sentencing order recommends
15		a prisoner for substance abuse treatment and the crime was
16		committed on or after September 1, 2003 (the effective date of
17		Public Act 93-354), the prisoner shall receive no sentence
18		credit awarded under clause (3) of this subsection (a) unless
19		he or she participates in and completes a substance abuse
20		treatment program. The Director may waive the requirement to
21		participate in or complete a substance abuse treatment program
22		in specific instances if the prisoner is not a good candidate
23		for a substance abuse treatment program for medical,
24		programming, or operational reasons. Availability of substance
25		abuse treatment shall be subject to the limits of fiscal
26		resources appropriated by the General Assembly for these

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

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

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

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1		therefor against the prisoner sought to be so deprived of
2		sentence credits before the Prisoner Review Board as provided
3		in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
4		amount of credit at issue exceeds 30 days, whether from one
5		infraction or cumulatively from multiple infractions arising
6		out of a single event, or when, during any 12-month period, the
7		cumulative amount of credit revoked exceeds 30 days except
8		where the infraction is committed or discovered within 60 days
9		of scheduled release. In those cases, the Department of
10		Corrections may revoke up to 30 days of sentence credit. The
11		Board may subsequently approve the revocation of additional
12		sentence credit, if the Department seeks to revoke sentence
13		credit in excess of 30 days. However, the Board shall not be
14		empowered to review the Department's decision with respect to
15		the loss of 30 days of sentence credit within any calendar year
16		for any prisoner or to increase any penalty beyond the length
17		requested by the Department.
18		(3) The Director of the Department of Corrections, in
19		appropriate cases, may restore sentence credits which have
20		been revoked, suspended, or reduced. The Department shall
21		prescribe rules and regulations governing the restoration of
22		sentence credits. These rules and regulations shall provide
23		for the automatic restoration of sentence credits following a
24		period in which the prisoner maintains a record without a
25		disciplinary violation.
26		Nothing contained in this Section shall prohibit the

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1		Prisoner Review Board from ordering, pursuant to Section
2		3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
3		sentence imposed by the court that was not served due to the
4		accumulation of sentence credit.
5		(d) If a lawsuit is filed by a prisoner in an Illinois or
6		federal court against the State, the Department of
7		Corrections, or the Prisoner Review Board, or against any of
8		their officers or employees, and the court makes a specific
9		finding that a pleading, motion, or other paper filed by the
10		prisoner is frivolous, the Department of Corrections shall
11		conduct a hearing to revoke up to 180 days of sentence credit
12		by bringing charges against the prisoner sought to be deprived
13		of the sentence credits before the Prisoner Review Board as
14		provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
15		If the prisoner has not accumulated 180 days of sentence
16		credit at the time of the finding, then the Prisoner Review
17		Board may revoke all sentence credit accumulated by the
18		prisoner.
19		For purposes of this subsection (d):
20		(1) "Frivolous" means that a pleading, motion, or
21		other filing which purports to be a legal document filed
22		by a prisoner in his or her lawsuit meets any or all of the
23		following criteria:
24		(A) it lacks an arguable basis either in law or in
25		fact;
26		(B) it is being presented for any improper

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1		purpose, such as to harass or to cause unnecessary
2		delay or needless increase in the cost of litigation;
3		(C) the claims, defenses, and other legal
4		contentions therein are not warranted by existing law
5		or by a nonfrivolous argument for the extension,
6		modification, or reversal of existing law or the
7		establishment of new law;
8		(D) the allegations and other factual contentions
9		do not have evidentiary support or, if specifically so
10		identified, are not likely to have evidentiary support
11		after a reasonable opportunity for further
12		investigation or discovery; or
13		(E) the denials of factual contentions are not
14		warranted on the evidence, or if specifically so
15		identified, are not reasonably based on a lack of
16		information or belief.
17		(2) "Lawsuit" means a motion pursuant to Section 116-3
18		of the Code of Criminal Procedure of 1963, a habeas corpus
19		action under Article X of the Code of Civil Procedure or
20		under federal law (28 U.S.C. 2254), a petition for claim
21		under the Court of Claims Act, an action under the federal
22		Civil Rights Act (42 U.S.C. 1983), or a second or
23		subsequent petition for post-conviction relief under
24		Article 122 of the Code of Criminal Procedure of 1963
25		whether filed with or without leave of court or a second or
26		subsequent petition for relief from judgment under Section

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1		2-1401 of the Code of Civil Procedure.
2		(e) Nothing in Public Act 90-592 or 90-593 affects the
3		validity of Public Act 89-404.
4		(f) Whenever the Department is to release any inmate who
5		has been convicted of a violation of an order of protection
6		under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
7		the Criminal Code of 2012, earlier than it otherwise would
8		because of a grant of sentence credit, the Department, as a
9		condition of release, shall require that the person, upon
10		release, be placed under electronic surveillance as provided
11		in Section 5-8A-7 of this Code.
12		(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
13		101-440, eff. 1-1-20; 101-652, eff. 7-1-21; revised 4-28-21.)
14		(730 ILCS 5/3-6-7.3)
15		(This Section may contain text from a Public Act with a
16		delayed effective date)
17		Sec. 3-6-7.3. Committed person post-partum recovery
18		requirements. The Department shall ensure that, for a period
19		of 72 hours after the birth of an infant by an committed
20		person:
21		(1) the infant is allowed to remain with the committed
22		person, unless a medical professional determines doing so
23		would pose a health or safety risk to the committed person
24		or infant based on information only available to the
25		Department. The mental health professional shall make any

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1		such determination on an individualized basis and in
2		consultation with the birthing team of the pregnant person
3		and the Chief of the Women's Division. The birthing team
4		shall include the committed person's perinatal care
5		providers and doula, if available; and
6		(2) the committed person has access to any nutritional
7		or hygiene-related products necessary to care for the
8		infant, including diapers.
9		(Source: P.A. 101-652, eff. 7-1-21.)
10		(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
11		(Text of Section before amendment by P.A. 101-652)
12		Sec. 5-8-1. Natural life imprisonment; enhancements for
13		use of a firearm; mandatory supervised release terms.
14		(a) Except as otherwise provided in the statute defining
15		the offense or in Article 4.5 of Chapter V, a sentence of
16		imprisonment for a felony shall be a determinate sentence set
17		by the court under this Section, subject to Section 5-4.5-115
18		of this Code, according to the following limitations:
19		(1) for first degree murder,
20		(a) (blank),
21		(b) if a trier of fact finds beyond a reasonable
22		doubt that the murder was accompanied by exceptionally
23		brutal or heinous behavior indicative of wanton
24		cruelty or, except as set forth in subsection
25		(a)(1)(c) of this Section, that any of the aggravating

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1		factors listed in subsection (b) or (b-5) of Section
2		9-1 of the Criminal Code of 1961 or the Criminal Code
3		of 2012 are present, the court may sentence the
4		defendant, subject to Section 5-4.5-105, to a term of
5		natural life imprisonment, or
6		(c) the court shall sentence the defendant to a
7		term of natural life imprisonment if the defendant, at
8		the time of the commission of the murder, had attained
9		the age of 18, and
10		(i) has previously been convicted of first
11		degree murder under any state or federal law, or
12		(ii) is found guilty of murdering more than
13		one victim, or
14		(iii) is found guilty of murdering a peace
15		officer, fireman, or emergency management worker
16		when the peace officer, fireman, or emergency
17		management worker was killed in the course of
18		performing his official duties, or to prevent the
19		peace officer or fireman from performing his
20		official duties, or in retaliation for the peace
21		officer, fireman, or emergency management worker
22		from performing his official duties, and the
23		defendant knew or should have known that the
24		murdered individual was a peace officer, fireman,
25		or emergency management worker, or
26		(iv) is found guilty of murdering an employee

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

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1		person's activity as a community policing
2		volunteer or to prevent any person from engaging
3		in activity as a community policing volunteer. For
4		the purpose of this Section, "community policing
5		volunteer" has the meaning ascribed to it in
6		Section 2-3.5 of the Criminal Code of 2012.
7		For purposes of clause (v), "emergency medical
8		technician - ambulance", "emergency medical technician -
9		intermediate", "emergency medical technician -
10		paramedic", have the meanings ascribed to them in the
11		Emergency Medical Services (EMS) Systems Act.
12		(d)(i) if the person committed the offense while
13		armed with a firearm, 15 years shall be added to
14		the term of imprisonment imposed by the court;
15		(ii) if, during the commission of the offense, the
16		person personally discharged a firearm, 20 years shall
17		be added to the term of imprisonment imposed by the
18		court;
19		(iii) if, during the commission of the offense,
20		the person personally discharged a firearm that
21		proximately caused great bodily harm, permanent
22		disability, permanent disfigurement, or death to
23		another person, 25 years or up to a term of natural
24		life shall be added to the term of imprisonment
25		imposed by the court.
26		(2) (blank);

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1		(2.5) for a person who has attained the age of 18 years
2		at the time of the commission of the offense and who is
3		convicted under the circumstances described in subdivision
4		(b)(1)(B) of Section 11-1.20 or paragraph (3) of
5		subsection (b) of Section 12-13, subdivision (d)(2) of
6		Section 11-1.30 or paragraph (2) of subsection (d) of
7		Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
8		paragraph (1.2) of subsection (b) of Section 12-14.1,
9		subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
10		subsection (b) of Section 12-14.1 of the Criminal Code of
11		1961 or the Criminal Code of 2012, the sentence shall be a
12		term of natural life imprisonment.
13		(b) (Blank).
14		(c) (Blank).
15		(d) Subject to earlier termination under Section 3-3-8,
16		the parole or mandatory supervised release term shall be
17		written as part of the sentencing order and shall be as
18		follows:
19		(1) for first degree murder or a Class X felony except
20		for the offenses of predatory criminal sexual assault of a
21		child, aggravated criminal sexual assault, and criminal
22		sexual assault if committed on or after the effective date
23		of this amendatory Act of the 94th General Assembly and
24		except for the offense of aggravated child pornography
25		under Section 11-20.1B, 11-20.3, or 11-20.1 with
26		sentencing under subsection (c-5) of Section 11-20.1 of

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1		the Criminal Code of 1961 or the Criminal Code of 2012, if
2		committed on or after January 1, 2009, 3 years;
3		(2) for a Class 1 felony or a Class 2 felony except for
4		the offense of criminal sexual assault if committed on or
5		after the effective date of this amendatory Act of the
6		94th General Assembly and except for the offenses of
7		manufacture and dissemination of child pornography under
8		clauses (a)(1) and (a)(2) of Section 11-20.1 of the
9		Criminal Code of 1961 or the Criminal Code of 2012, if
10		committed on or after January 1, 2009, 2 years;
11		(3) for a Class 3 felony or a Class 4 felony, 1 year;
12		(4) for defendants who commit the offense of predatory
13		criminal sexual assault of a child, aggravated criminal
14		sexual assault, or criminal sexual assault, on or after
15		the effective date of this amendatory Act of the 94th
16		General Assembly, or who commit the offense of aggravated
17		child pornography under Section 11-20.1B, 11-20.3, or
18		11-20.1 with sentencing under subsection (c-5) of Section
19		11-20.1 of the Criminal Code of 1961 or the Criminal Code
20		of 2012, manufacture of child pornography, or
21		dissemination of child pornography after January 1, 2009,
22		the term of mandatory supervised release shall range from
23		a minimum of 3 years to a maximum of the natural life of
24		the defendant;
25		(5) if the victim is under 18 years of age, for a
26		second or subsequent offense of aggravated criminal sexual

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1		abuse or felony criminal sexual abuse, 4 years, at least
2		the first 2 years of which the defendant shall serve in an
3		electronic monitoring or home detention program under
4		Article 8A of Chapter V of this Code;
5		(6) for a felony domestic battery, aggravated domestic
6		battery, stalking, aggravated stalking, and a felony
7		violation of an order of protection, 4 years.
8		(e) (Blank).
9		(f) (Blank).
10		(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
11		101-288, eff. 1-1-20.)
12		(Text of Section after amendment by P.A. 101-652)
13		Sec. 5-8-1. Natural life imprisonment; enhancements for
14		use of a firearm; mandatory supervised release terms.
15		(a) Except as otherwise provided in the statute defining
16		the offense or in Article 4.5 of Chapter V, a sentence of
17		imprisonment for a felony shall be a determinate sentence set
18		by the court under this Section, subject to Section 5-4.5-115
19		of this Code, according to the following limitations:
20		(1) for first degree murder,
21		(a) (blank),
22		(b) if a trier of fact finds beyond a reasonable
23		doubt that the murder was accompanied by exceptionally
24		brutal or heinous behavior indicative of wanton
25		cruelty or, except as set forth in subsection

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1		(a)(1)(c) of this Section, that any of the aggravating
2		factors listed in subsection (b) or (b-5) of Section
3		9-1 of the Criminal Code of 1961 or the Criminal Code
4		of 2012 are present, the court may sentence the
5		defendant, subject to Section 5-4.5-105, to a term of
6		natural life imprisonment, or
7		(c) the court shall sentence the defendant to a
8		term of natural life imprisonment if the defendant, at
9		the time of the commission of the murder, had attained
10		the age of 18, and
11		(i) has previously been convicted of first
12		degree murder under any state or federal law, or
13		(ii) is found guilty of murdering more than
14		one victim, or
15		(iii) is found guilty of murdering a peace
16		officer, fireman, or emergency management worker
17		when the peace officer, fireman, or emergency
18		management worker was killed in the course of
19		performing his official duties, or to prevent the
20		peace officer or fireman from performing his
21		official duties, or in retaliation for the peace
22		officer, fireman, or emergency management worker
23		from performing his official duties, and the
24		defendant knew or should have known that the
25		murdered individual was a peace officer, fireman,
26		or emergency management worker, or

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

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1		and the murder was committed by reason of any
2		person's activity as a community policing
3		volunteer or to prevent any person from engaging
4		in activity as a community policing volunteer. For
5		the purpose of this Section, "community policing
6		volunteer" has the meaning ascribed to it in
7		Section 2-3.5 of the Criminal Code of 2012.
8		For purposes of clause (v), "emergency medical
9		technician - ambulance", "emergency medical technician -
10		intermediate", "emergency medical technician -
11		paramedic", have the meanings ascribed to them in the
12		Emergency Medical Services (EMS) Systems Act.
13		(d)(i) if the person committed the offense while
14		armed with a firearm, 15 years shall be added to
15		the term of imprisonment imposed by the court;
16		(ii) if, during the commission of the offense, the
17		person personally discharged a firearm, 20 years shall
18		be added to the term of imprisonment imposed by the
19		court;
20		(iii) if, during the commission of the offense,
21		the person personally discharged a firearm that
22		proximately caused great bodily harm, permanent
23		disability, permanent disfigurement, or death to
24		another person, 25 years or up to a term of natural
25		life shall be added to the term of imprisonment
26		imposed by the court.

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1		(2) (blank);
2		(2.5) for a person who has attained the age of 18 years
3		at the time of the commission of the offense and who is
4		convicted under the circumstances described in subdivision
5		(b)(1)(B) of Section 11-1.20 or paragraph (3) of
6		subsection (b) of Section 12-13, subdivision (d)(2) of
7		Section 11-1.30 or paragraph (2) of subsection (d) of
8		Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
9		paragraph (1.2) of subsection (b) of Section 12-14.1,
10		subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
11		subsection (b) of Section 12-14.1 of the Criminal Code of
12		1961 or the Criminal Code of 2012, the sentence shall be a
13		term of natural life imprisonment.
14		(b) (Blank).
15		(c) (Blank).
16		(d) Subject to earlier termination under Section 3-3-8,
17		the parole or mandatory supervised release term shall be
18		written as part of the sentencing order and shall be as
19		follows:
20		(1) for first degree murder or for the offenses of
21		predatory criminal sexual assault of a child, aggravated
22		criminal sexual assault, and criminal sexual assault if
23		committed on or before December 12, 2005, 3 years;
24		(1.5) except as provided in paragraph (7) of this
25		subsection (d), for a Class X felony except for the
26		offenses of predatory criminal sexual assault of a child,

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1		aggravated criminal sexual assault, and criminal sexual
2		assault if committed on or after December 13, 2005 (the
3		effective date of Public Act 94-715) and except for the
4		offense of aggravated child pornography under Section
5		11-20.1B.,11-20.3, or 11-20.1 with sentencing under
6		subsection (c-5) of Section 11-20.1 of the Criminal Code
7		of 1961 or the Criminal Code of 2012, if committed on or
8		after January 1, 2009, 18 months;
9		(2) except as provided in paragraph (7) of this
10		subsection (d), for a Class 1 felony or a Class 2 felony
11		except for the offense of criminal sexual assault if
12		committed on or after December 13, 2005 (the effective
13		date of Public Act 94-715) and except for the offenses of
14		manufacture and dissemination of child pornography under
15		clauses (a)(1) and (a)(2) of Section 11-20.1 of the
16		Criminal Code of 1961 or the Criminal Code of 2012, if
17		committed on or after January 1, 2009, 12 months;
18		(3) except as provided in paragraph (4), (6), or (7)
19		of this subsection (d), a mandatory supervised release
20		term shall not be imposed for a Class 3 felony or a Class 4
21		felony; unless:
22		(A) the Prisoner Review Board, based on a
23		validated risk and needs assessment, determines it is
24		necessary for an offender to serve a mandatory
25		supervised release term;
26		(B) if the Prisoner Review Board determines a

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

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

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1		of Public Act 101-652: (i) the provisions of paragraph (3) of
2		subsection (d) are effective on January 1, 2022 and shall
3		apply to all individuals convicted on or after the effective
4		date of paragraph (3) of subsection (d); and (ii) the
5		provisions of paragraphs (1.5) and (2) of subsection (d) are
6		effective on July 1, 2021 and shall apply to all individuals
7		convicted on or after the effective date of paragraphs (1.5)
8		and (2) of subsection (d).
9		(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
10		101-288, eff. 1-1-20; 101-652, eff. 7-1-21.)
11		(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
12		(Text of Section before amendment by P.A. 101-652)
13		Sec. 5-8A-4. Program description. The supervising
14		authority may promulgate rules that prescribe reasonable
15		guidelines under which an electronic monitoring and home
16		detention program shall operate. When using electronic
17		monitoring for home detention these rules shall include but
18		not be limited to the following:
19		(A) The participant shall remain within the interior
20		premises or within the property boundaries of his or her
21		residence at all times during the hours designated by the
22		supervising authority. Such instances of approved absences
23		from the home may include but are not limited to the
24		following:
25		(1) working or employment approved by the court or

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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.
17		(B) The participant shall admit any person or agent
18		designated by the supervising authority into his or her
19		residence at any time for purposes of verifying the
20		participant's compliance with the conditions of his or her
21		detention.
22		(C) The participant shall make the necessary
23		arrangements to allow for any person or agent designated
24		by the supervising authority to visit the participant's
25		place of education or employment at any time, based upon
26		the approval of the educational institution employer or

HB3443 Enrolled - 191 - LRB102 12812 KMF 18153 b
1		both, for the purpose of verifying the participant's
2		compliance with the conditions of his or her detention.
3		(D) The participant shall acknowledge and participate
4		with the approved electronic monitoring device as
5		designated by the supervising authority at any time for
6		the purpose of verifying the participant's compliance with
7		the conditions of his or her detention.
8		(E) The participant shall maintain the following:
9		(1) a working telephone in the participant's home;
10		(2) a monitoring device in the participant's home,
11		or on the participant's person, or both; and
12		(3) a monitoring device in the participant's home
13		and on the participant's person in the absence of a
14		telephone.
15		(F) The participant shall obtain approval from the
16		supervising authority before the participant changes
17		residence or the schedule described in subsection (A) of
18		this Section.
19		(G) The participant shall not commit another crime
20		during the period of home detention ordered by the Court.
21		(H) Notice to the participant that violation of the
22		order for home detention may subject the participant to
23		prosecution for the crime of escape as described in
24		Section 5-8A-4.1.
25		(I) The participant shall abide by other conditions as
26		set by the supervising authority.

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1		(Source: P.A. 99-797, eff. 8-12-16.)
2		(Text of Section after amendment by P.A. 101-652)
3		Sec. 5-8A-4. Program description. The supervising
4		authority may promulgate rules that prescribe reasonable
5		guidelines under which an electronic monitoring and home
6		detention program shall operate. When using electronic
7		monitoring for home detention these rules may include but not
8		be limited to the following:
9		(A) The participant may be instructed to remain within
10		the interior premises or within the property boundaries of
11		his or her residence at all times during the hours
12		designated by the supervising authority. Such instances of
13		approved absences from the home shall include but are not
14		limited to the following:
15		(1) working or employment approved by the court or
16		traveling to or from approved employment;
17		(2) unemployed and seeking employment approved for
18		the participant by the court;
19		(3) undergoing medical, psychiatric, mental health
20		treatment, counseling, or other treatment programs
21		approved for the participant by the court;
22		(4) attending an educational institution or a
23		program approved for the participant by the court;
24		(5) attending a regularly scheduled religious
25		service at a place of worship;

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

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

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1		Section 70. The County Jail Act is amended by changing
2		Section 17.7 as follows:
3		(730 ILCS 125/17.7)
4		(This Section may contain text from a Public Act with a
5		delayed effective date)
6		Sec. 17.7. Educational programming programing for pregnant
7		prisoners. The Illinois Department of Public Health shall
8		provide the sheriff with educational programming relating to
9		pregnancy and parenting and the sheriff shall provide the
10		programming to pregnant prisoners sheriff shall develop and
11		provide to each pregnant prisoner educational programming
12		relating to pregnancy and parenting. The programming must
13		include instruction regarding:
14		(1) appropriate prenatal care and hygiene;
15		(2) the effects of prenatal exposure to alcohol and
16		drugs on a developing fetus;
17		(3) parenting skills; and
18		(4) medical and mental health issues applicable to
19		children.
20		(Source: P.A. 101-652, eff. 7-1-21.)
21		Section 75. The Reporting of Deaths in Custody Act is
22		amended by changing Section 3-5 as follows:

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1		(730 ILCS 210/3-5)
2		(This Section may contain text from a Public Act with a
3		delayed effective date)
4		Sec. 3-5. Report of deaths of persons in custody in
5		correctional institutions.
6		(a) In this Act, "law enforcement agency" includes each
7		law enforcement entity within this State having the authority
8		to arrest and detain persons suspected of, or charged with,
9		committing a criminal offense, and each law enforcement entity
10		that operates a lock up, jail, prison, or any other facility
11		used to detain persons for legitimate law enforcement
12		purposes.
13		(b) In any case in which a person dies:
14		(1) while in the custody of:
15		(A) a law enforcement agency;
16		(B) a local or State correctional facility in this
17		State; or
18		(C) a peace officer; or
19		(2) as a result of the peace officer's use of force,
20		the law enforcement agency shall investigate and report
21		the death in writing to the Illinois Criminal Justice
22		Information Authority, no later than 30 days after the
23		date on which the person in custody or incarcerated died.
24		The written report shall contain the following
25		information:
26		(A) the following facts concerning the death that

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1		are in the possession of the law enforcement agency in
2		charge of the investigation and the correctional
3		facility where the death occurred including, but not
4		limited to, race, age, and gender, sexual orientation,
5		and gender identity of the decedent, and a brief
6		description of causes, contributing factors and the
7		circumstances surrounding the death;
8		(B) if the death occurred in the custody of the
9		Illinois Department of Corrections, the report shall
10		also include the jurisdiction, the law enforcement
11		agency providing the investigation, and the local or
12		State facility where the death occurred;
13		(C) if the death occurred in the custody of the
14		Illinois Department of Corrections, the report shall
15		also include if emergency care was requested by the
16		law enforcement agency in response to any illness,
17		injury, self-inflicted or otherwise, or other issue
18		related to rapid deterioration of physical wellness or
19		human subsistence, and details concerning emergency
20		care that were provided to the decedent if emergency
21		care was provided.
22		(c) The law enforcement agency and the involved
23		correctional administrators shall make a good faith effort to
24		obtain all relevant facts and circumstances relevant to the
25		death and include those in the report.
26		(d) The Illinois Criminal Justice Information Authority

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1		shall create a standardized form to be used for the purpose of
2		collecting information as described in subsection (b). The
3		information shall comply with this Act and the Federal Death
4		in Custody Reporting Act of 2013.
5		(e) Law enforcement agencies shall use the form described
6		in subsection (d) to report all cases in which a person dies:
7		(1) while in the custody of:
8		(A) a law enforcement agency;
9		(B) a local or State correctional facility in this
10		State; or
11		(C) a peace officer; or
12		(2) as a result of the peace officer's use of force.
13		(f) The Illinois Criminal Justice Information Authority
14		may determine the manner in which the form is transmitted from
15		a law enforcement agency to the Illinois Criminal Justice
16		Information Authority. All state agencies that collect similar
17		records as required under this Act, including Illinois State
18		Police, Illinois Department of Corrections, and Illinois
19		Department of Juvenile Justice, shall collaborate with the
20		Illinois Criminal Justice and Information Authority to collect
21		the information in this Act.
22		(g) The reports shall be public records within the meaning
23		of subsection (c) of Section 2 of the Freedom of Information
24		Act and are open to public inspection, with the exception of
25		any portion of the report that the Illinois Criminal Justice
26		Information Authority determines is privileged or protected

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1		under Illinois or federal law.
2		(g-5) The Illinois Criminal Justice Information Authority
3		shall begin collecting this information by January 1, 2022.
4		The reports and publications in subsections (h) and below
5		shall begin by June 1, 2022.
6		(h) The Illinois Criminal Justice Information Authority
7		shall make available to the public information of all
8		individual reports relating to deaths in custody through the
9		Illinois Criminal Justice Information Authority's website to
10		be updated on a quarterly basis.
11		(i) The Illinois Criminal Justice Information Authority
12		shall issue a public annual report tabulating and evaluating
13		trends and information on deaths in custody, including, but
14		not limited to:
15		(1) information regarding the race, gender, sexual
16		orientation, and gender identity of the decedent; and a
17		brief description of the circumstances surrounding the
18		death;
19		(2) if the death occurred in the custody of the
20		Illinois Department of Corrections, the report shall also
21		include the jurisdiction, law enforcement agency providing
22		the investigation, and local or State facility where the
23		death occurred; and
24		(3) recommendations and State and local efforts
25		underway to reduce deaths in custody.
26		The report shall be submitted to the Governor and General

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1		Assembly and made available to the public on the Illinois
2		Criminal Justice Information Authority's website the first
3		week of February of each year.
4		(j) So that the State may oversee the healthcare provided
5		to any person in the custody of each law enforcement agency
6		within this State, provision of medical services to these
7		persons, general care and treatment, and any other factors
8		that may contribute to the death of any of these persons, the
9		following information shall be made available to the public on
10		the Illinois Criminal Justice Information Authority's website:
11		(1) the number of deaths that occurred during the
12		preceding calendar year;
13		(2) the known, or discoverable upon reasonable
14		inquiry, causes and contributing factors of each of the
15		in-custody deaths as defined in subsection (b); and
16		(3) the law enforcement agency's policies, procedures,
17		and protocols related to:
18		(A) treatment of a person experiencing withdrawal
19		from alcohol or substance use;
20		(B) the facility's provision, or lack of
21		provision, of medications used to treat, mitigate, or
22		address a person's symptoms; and
23		(C) notifying an inmate's next of kin after the
24		inmate's in-custody death.
25		(k) The family, next of kin, or any other person
26		reasonably nominated by the decedent as an emergency contact

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1		shall be notified as soon as possible in a suitable manner
2		giving an accurate factual account of the cause of death and
3		circumstances surrounding the death in custody in accordance
4		with State and federal law.
5		(l) The law enforcement agency or correctional facility
6		shall name a staff person to act as dedicated family liaison
7		officer to be a point of contact for the family, to make and
8		maintain contact with the family, to report ongoing
9		developments and findings of investigations, and to provide
10		information and practical support. If requested by the
11		deceased's next of kin, the law enforcement agency or
12		correctional facility shall arrange for a chaplain, counselor,
13		or other suitable staff member to meet with the family and
14		discuss any faith considerations or concerns. The family has a
15		right to the medical records of a family member who has died in
16		custody and these records shall be disclosed to them in
17		accordance with State and federal law.
18		(m) Each department shall assign an employee or employees
19		to file reports under this Section. It is unlawful for a person
20		who is required under this Section to investigate a death or
21		file a report to fail to include in the report facts known or
22		discovered in the investigation to the Illinois Criminal
23		Justice Information Authority. A violation of this Section is
24		a petty offense, with fine not to exceed $500.
25		(Source: P.A. 101-652, eff. 7-1-21.)

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1		Section 95. No acceleration or delay. Except as otherwise
2		expressly provided in Sections 3, 15, 55, 60, and 65, where
3		this Act makes changes in a statute that is represented in this
4		Act by text that is not yet or no longer in effect (for
5		example, a Section represented by multiple versions), the use
6		of that text does not accelerate or delay the taking effect of
7		(i) the changes made by this Act or (ii) provisions derived
8		from any other Public Act.
9		Section 97. Severability. The provisions of this Act are
10		severable under Section 1.31 of the Statute on Statutes.